R. Todd Bennett, P.C.
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Texas football player's DUI bond is revoked

Houston residents may be interested to know that even high-profile celebrities are not immune to DUI charges. According to Fox Sports News, prosecutors intend to revoke the bond previously issued to Dallas Cowboys defensive tackle, Josh Brent, after he was charged with DUI manslaughter. Prosecutors report that Josh Brent consumed alcohol and then attempted to hide its presence in his body, thereby violating the conditions of his bond.

Last December, Josh Brent was the driver in a crash that killed his passenger, fellow player Jerry Brown Jr. Brent's blood alcohol content was determined to be well over the 0.08 percent legal limit. Owing to his drunk driving charge, the status of his future in the NFL is currently unknown.

DUI is known to be a subjective charge, in that an officer's mere suspicion of driving while intoxicated can be enough to have the driver arrested. In many cases, a defendant's DUI defense will attack the underlying basis of that suspicion and the nature of the officer's contact with the accused. In order to establish probable cause for an arrest, police officers often request that suspects use a Breathalyzer or undergo a Field Sobriety Test. However, the scientific accuracy of these devices and exams can be questionable, and they require appropriate maintenance, calibration and training if they're to enhance the prosecution's case.

DUI penalties build on one another with each subsequent conviction, so it's important to contest the first charge. In Texas, the first conviction may or may not result in license suspension, but a prison sentence becomes a very real possibility by the second and third. Due to their subjectivity, it's possible for a defense attorney to have a client's drunk driving charge dismissed or reduced to a lesser offense such as reckless driving.

Source: Fox Sports, "Prosecutors go after Brent's bond", May 23, 2013

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