This is their first and only brush with the law for most people charged with DWI. In Texas, however, a DWI is a serious charge, even if it’s your first DWI offense. Repeat and felony DWI offenses carry severe penalties, including mandatory jail time, expensive fines, and losing your driver’s license. As your defense lawyer, my goal is to reduce the charges or sentence against you and, if possible, prevent you from having a criminal record for a DWI arrest.
I’m Robert Fickman, a criminal defense attorney in Houston. Over the past 39+ years, I have defended hundreds of people charged with drunk driving. I also defend people charged with alcohol-related crimes, such as intoxication assault and vehicular homicide. If you’ve been arrested for drunk driving, contacting an attorney as soon as possible is important to understand what the courts require and what you need to do to avoid losing your license.
Developing a Strong DWI / DUI Defense
The three key defense issues in a DWI arrest are:
Whether the police had reasonable suspicion to stop you.
Whether after stopping you, the police had probable cause to arrest you.
Whether the state can prove beyond a reasonable doubt that you were driving while intoxicated.
All three issues require a thorough investigation. In preparing my client’s case, I interview witnesses, view any videotape of your arrest, and visit the scene. I have won many DWI cases by being more familiar with the arrest scene than the officer who made the arrest. In one case, the officer testified my client held on to a steel bar to support himself. I could show that the steel bar was only six inches off the ground by visiting and photographing the scene before the trial. The police officer’s testimony was completely discredited, and the client was acquitted.
The Use of Expert Witnesses – Strengthening Your DWI Defense
Sometimes I engage the services of an expert witness who can testify about the Intoxilizer, burn-off rate of alcohol in the body, and alcohol toxicology.
My goal in any criminal case is to out-investigate the other side. Prosecutors handle so many DWI cases they become routine for them. If we put in more effort than the other side, we may be able to keep a DWI conviction off your record.
If you have been charged with DWI, requesting an Administrative License Review (ALR) within 15 days of arrest is important, or your driver’s license will be automatically suspended. During the ALR, I may cross-examine the arresting officer, which may lead to important evidence for your DWI defense.
A SUMMARY OF CRIMINAL DEFENSE ATTORNEY ROBERT FICKMAN’S CREDENTIALS
Robert Fickman has been a criminal defense attorney in Houston for 38 Years.
Robert Fickman has handled and won many cases in State and Federal Court.
Robert Fickman has argued many cases before the Fifth Circuit Court of Appeals.
Robert Fickman has had an AV Rating (the highest rating) with Martindale Hubbell for over 20 years.
Robert Fickman has been named a “Texas Super Lawyer” since 2015.
FEDERAL CONSPIRACY TO DISTRIBUTE COCAINE AND CONSPIRACY TO MONEY LAUNDER
Not Guilty (C.R.)
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
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