President’s Message for 2016 – Bennie E. Ray

The need to litigate

Having been licensed for 43 years, I understand why it is called the practice of law. Our perfection is never reached or even known in the style, content, or presentation of what is required of our profession. Our practice changes every day and it mandates study and  constant attention. We  must  be knowledgeable about the current requirements of both the law and what it takes to convince others of reality. If anything is true, the practice of DWI defense is challenging, rewarding, and necessary to protect the rights of citizen drivers. Sadly, there are organizations that desire to minimize our abilities,  opportunities, and further restrict us in representation of DWI defendants but, our defenders are up to that challenge.

Bennie E. Ray

Bennie E. Ray

There are  four states they do not allow jury trials for DUI/DWI arrests. There is an ongoing political discussion to reduce the intoxication level to .05. As unbelievable as it may seem, some states do not even allow challenging the validity of the testing instrument or its analytical process. My greatest area of concern, like many of you, is the psuedo political science that is accepted and embraced as the factual truth. Sometimes, like A few Good Men, I feel like shouting  “you can’t handle the truth”.

With over 100,000 DWI arrests in Texas last year, our requirement to educate both clients and juries offers us opportunities to demand the government meet its burden of proof so citizens are not criminalized by the state . Every aspect must be challenged and every case is ripe with opportunities . We do this by knowing the law and knowing the science behind breath, blood, urine, and field sobriety testing and telling it like it is. As a DWI attorney if you have any doubts as to what your constitutional and ethical obligations are visit, U.S. V Wade 388 US 218 (1967).

It takes a special lawyer to represent a DWI client. It is the desire of the Texas DWI lawyers Organization to prepare you to be that special warrior. With you as the foot soldier in the trenches we guarantee not just that our clients will have their day in court, but more importantly, that it will be a meaningful day.

As our preceding President David Burrows stated ” A burning desire to defend plus education and hard work will equal success”. Our founding President Gary Trichter and David Burrows have set a high bar for us to attain. We must do our best to require that the system performs as we know it should. We must litigate, it forces both the judiciary and prosecution to meet its burden. It not only enhances your qualifications but advances our credibility and we become better lawyers. Remember 100% of pleas are found guilty, litigate and change those statistics.

Bennie E. Ray

President, 2016

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