Another set of changes to the law governing the ALR process will go into effect soon, and some of changes are not positive for Collin and Dallas County who wish to contest the suspension of their license in an Administrative License Revocation hearing.
HB 2370 amends Texas Transportation Code 524.039 and requires a showing of "good cause" before the ALR judge will authorize a subpoena for the breath test operator to appear at the ALR hearing. In other words, the law now allows the judge to refuse you an oppoprtunity to call the very person who obtained your breath sample as a witness at your ALR hearing.
The breath test operator is frequently an important witness for the motorist at the ALR hearing and can shed light on crucial defensive issues, such as the requirement that the person suspected of DWI be observed for fifteen minutes prior to the taking of the test. In order to establish good cause, lawyers for DWI suspects will have to be more diligent and determined than ever to study the facts surroundin the taking of the client's breath.
From my perspective, this is another example of the slow but sure march to eliminate process for people accused of Driving While Intoxicated. As an attorney practicing in this field for ten years, I don't understand the harm that the legislature apparently perceives in having an open, complete, hearing on the issue. I, for one, eagerly view each ALR hearing as an opportunity. The legislature has decided to erect another barrier, but creative lawyering will frequently carry th day.
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