DWI cases are complex, high-stakes affairs. Whether it’s your first DWI in Texas or you’re facing repeat felony DWI charges, you can expect that the prosecution will do all that they can to impose the maximum penalties and put you behind bars.
Because Texas is so tough on DWI, hiring a lawyer that can go to court and actually win DWI cases is even more essential — unfortunately, not all of the attorneys on billboards or at the top of your Google search actually fight and win DWI cases.
Thiessen Law Firm wins DWI cases, and we use accident reconstruction to do it! How? Keep reading, check out some of our Notable Victories, and call Thiessen Law Firm at any time at (713) 864-9000 to ask how we can win your case for you.
What is accident reconstruction?
Accident reconstruction is the process of analyzing the evidence from the scene of a collision in order to determine how the collision occurred and who was responsible. The process of reconstruction in a DWI case gets a bit more complicated as the accident reconstruction experts are attempting to determine whether the driver’s alleged impairment had anything to do with the collision.
There are a few questions at play during DWI reconstruction cases. Was the driver impaired? If they were, did that impairment impact that collision? Whether they were or were not impaired, was the other driver at fault for the collision? How do we determine culpability and charges in these situations?
This involves the collaboration of toxicologists, reconstruction experts, law enforcement officers, occasionally engineers, forensic scientists, and even physicists. The process is incredibly complex, but for trial lawyers* who take high-stakes cases to court and win, DWI accident reconstruction is just one powerful tool in their courtroom toolbox.
*Continue reading: What is a trial attorney?
Why is accident reconstruction important?
Reconstruction in DWI accidents can have a profound impact on the outcome of any decisions made in a DWI case. The analysis provided by the reconstruction expert acts as objective evidence in science. A few ways in which reconstruction can impact a case are as follows:
- They help determine fault. Accurate accident reconstruction can help determine what actually caused an accident.
- They allow for the assessment of impairment as a contributing factor. Reconstruction experts can actually determine if an impaired driver caused an accident by reason of their impairment.
- They help establish important evidence. Because reconstruction experts actually serve as expert witnesses in court, their findings can be entered as evidence to be used by your lawyer.
- They help strengthen cases for dismissals and negotiations. That evidence can strengthen a case and help your attorney to get charges reduced or dropped.
The big secret about accident reconstruction is that it can also help the prosecution in their case against you. If you hire a DWI lawyer that doesn’t know how to beat a DWI in Texas, there is a chance that evidence from the reconstruction could work against you. At Thiessen Law Firm, we know DWI cases, and we use reconstruction to win them.
What evidence is used in accident reconstruction?
So, what evidence from the scene of an accident can be used in the reconstruction process? Physical evidence is a huge piece of the puzzle for reconstruction experts, who may collect any of the following from the scene:
- Tire marks
- Vehicle damage
- Road conditions
- Debris patterns
Although the physical evidence from the scene will determine much about your case, physical evidence is not the main methodology of analysis involved in modern accident reconstruction.
What does an accident reconstructionist do other than collect physical evidence?
Accident reconstruction experts utilize a combination of modern methods and technological tools to recreate the circumstances that may have led to what the court believes to be a DWI-related accident in order to confirm or contest their suspicions.
- They use advanced modeling software. Specialized software is used to make models of the movement of vehicles involved in the accident. These simulations take into account the speed, acceleration and possible deceleration, and trajectory of vehicles to create accurate models of collisions. These models can even predict the likelihood of the presence of drugs or alcohol by showing whether or not the accident was caused by delayed reaction time. If the accident was not caused by the delayed reaction time of a driver, it will be much harder to make a DWI conviction stick.
- They analyze driver behavior. Based on police reports or audio/video evidence experts can say whether or not there is a correlation between the accident model and the driver’s behavior. The more respectful and cooperative you are in the evidence, the less chance that your behavior will correlate.
- They analyze environmental factors. Accident reconstruction experts take into account weather conditions, lighting, road design, and signage, as these things can often cause accidents that would otherwise be avoidable.
- They collect and analyze data from external sources. Witness statements, police reports, surveillance footage, data from your vehicle, or data from your toxicology report might all come into play in the creation of an accurate reconstruction.
How long does accident reconstruction take? Reconstruction experts can turn around their analysis in as little as a few weeks. The time it takes to reconstruct the accident will depend on the legal timeline and what kind of resources the reconstruction experts have at their disposal.
The inherent complexity of any DWI case should tell you exactly why you shouldn’t ever represent yourself in court, but especially in cases involving accident reconstruction.
Call and ask us how Thiessen Law Firm uses accident reconstruction to win DWI cases
Accident reconstruction is an invaluable tool that can be used to win DWI cases, but only if you have a Houston DWI attorney that knows how to use it. DWI reconstruction is an incredibly complex matter, one that can turn against you at any second in the hands of an unskilled or unmotivated attorney.
Mark Thiessen of Thiessen Law Firm wins DWI cases. He is an ACS-CHAL Forensic Lawyer-Scientist, and is the only lawyer in America who is 3x board certified in:
- Criminal Law by the Texas Board of Legal Specialization
- DUI Defense by the National College for DUI Defense as approved through the American Bar Association
- DUI Law by the DUI Defense Lawyers Association
- Board Certified Advocate in Criminal Trial Law by the NBTA Foundation
If Mark and the team of dedicated criminal lawyers at Thiessen Law Firm can’t win your case, then we don’t know who can. Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a free case evaluation.
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- What is an Ignition Interlock Device?
- Should You Take a Court-Appointed Attorney?
- Racing on a Highway in Texas: What You Need To Know
- How Long After Drinking Can You Drive?
- How To Tell if You’re Still Drunk the Next Morning
