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Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

A former Austin police SWAT officer was fired Thursday and six others were suspended by Chief Art Acevedo over a drunken driving crash in December.

“We’re serious about drunk driving in this city,” Acevedo said at the news conference when he announced the disciplinary actions. “This investigation was very thorough and the appropriate actions have been taken.”

SWAT Officer Michael Hamilton was indefinitely suspended after he crashed his car in Southwest Austin and was arrested on a drunk driving charge. Acevedo described the action as a firing. The officer was on call at the time of the crash and driving an unmarked police car.

A disciplinary memo released Thursday evening revealed Hamilton had a blood alcohol level of .15 two hours after the crash. He refused any field sobriety tests at the scene and officers had to get a warrant to draw his blood. Investigators estimate his blood alcohol level was between .19 and .20 at the time of the crash.

“Officer Hamilton admitted to Internal Affairs [Department] that he drove while intoxicated,” according to the memo.

Criminal charges are pending against Hamilton, who, according to the memo, also lied to officers at the scene and denied he had been drinking.

Disciplinary hearings for six other officers who were at a house party with Hamilton the night of the crash were held Thursday morning.

All six were either on call or driving city vehicles, according to their disciplinary memos. Their suspensions range from 15 days down to four days.

Four SWAT officers have already been reassigned to other units as a result of this incident. Two detectives from the organized crime unit were also reassigned.

“This is a confirmation that police officers are held accountable when they demonstrate human failings,” said Austin Police Association president Wayne Vincent.

Drinking alcohol while on call is forbidden by APD policy.

“When you’re on call, you’ve made a commitment to this city, to this community, a commitment that ‘I’m going to be ready to go at a moment’s notice’ and those officers, without prior authorization, in essence, removed themselves from being available had an incident occurred,” said Acevedo.

Following the December incident, APD supervisors changed the on-call policy for SWAT team members. Officers are no longer on call at all times but are instead given one week each month where they perform other department duties.

Hamilton still faces a criminal DWI charge. Vincent said he plans to appeal his firing and has 10 days to file that appeal.

If you or someone you know is being charged with a crime such as drug possession, DWI, family violence, etc., and need someone to represent you, please contact the Law Office of Hector Gonzalez III at (512) 222-4140 for a free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

Alcohol is now suspected to be a factor in a fatal hit and run crash last week in which a state legislative employee was charged with failing to stop and render aid, police said Wednesday.

Gabrielle Nestande, 23, was arrested Friday in connection with the crash in Tarrytown that killed 30 year old Courtney Griffin.

Last week, an Austin police detective said that officials had no reason to believe alcohol was involved. But on Wednesday, police issued a statement saying alcohol use is suspected in the crash. Police spokeswoman Veneza Aguiñaga declined to say how police came to that conclusion or why it has changed since last week. Detectives from the vehicular homicide unit did not return calls for comment.

Nestande has not been charged with any additional offenses beyond failing to stop and render aid, a thirddegree felony punishable by up to 10 years in prison.

Nestande’s attorney, Perry Minton, disputed the police claim.

“Through our own preliminary investigation and talking to our client, we do not believe, and I am confident, that alcohol was not a factor in this accident,” Minton said.

Griffin, a nanny who used to work as a veterinary technician, was walking near the west curb line in the 1600 block of Exposition Boulevard when she was struck by a vehicle that fled the scene, police said. Her body was found in a driveway about 5 a.m. Friday.

A few hours later, an anonymous 911 caller reported spotting a black BMW 3 Series sedan with a broken windshield parked in the driveway of a home in the 3100 block of Windsor Road, a half mile from where Griffin’s body was found.

Police, with help from the Texas Department of Public Safety, traced the sedan to Nestande, who had parked the car at the home of an acquaintance.

A friend gave Nestande a ride Friday morning to her job in the office of state Rep. Wayne Christian, R-Center, police said. She was taken into custody Friday and later released on bail.

An arrest affidavit said that a friend told officers that Nestande was with him Thursday night and left to drive home during the night but later returned.

“She was crying when she returned, allegedly stating that someone had thrown something at her windshield,” the affidavit said.

When police interviewed Nestande at work, she admitted to being the driver and “being involved in an accident, being scared and not knowing what to do,” according to the affidavit.

She declined to speak further to police and requested a lawyer, the affidavit said.

Nestande is the daughter of Bruce Nestande, a Republican who served three terms in the California State Assembly from 1974 to 1980.

He was also chairman of the California Transportation Commission, former Orange County supervisor and onetime aide to then-Gov. Ronald Reagan.

He was sentenced in 2007 to six months in jail and placed on three years of probation after pleading guilty to misdemeanor driving under the influence and hit and run, as well as filing a fraudulent insurance claim, a felony.

If you have been charged with murder, sex crime, assault, etc., please contact The Law Office of Hector Gonzalez III at (512) 222-4140 for your free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

If you have been charged with murder, sex crime, assault, etc., please contact The Law Office of Hector Gonzalez III at (512) 222-4140 for your free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

A person commits an offense if: the person is intoxicated while operating a motor vehicle in a public place;  and the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

An offense under this section is a state jail felony.

If you or someone you know is being charged with a crime such as drug possession, DWI, family violence, etc., and need someone to represent you, please contact the Law Office of Hector Gonzelez III at (512) 222-4140 for a free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

An offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

If you or someone you know is being charged with a crime such as drug possession, DWI, family violence, etc., and need someone to represent you, please contact the Law Office of Hector Gonzelez III at (512) 222-4140 for a free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

“Open container” means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

“Passenger area of a motor vehicle” means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle.  The term does not include: a glove compartment or similar storage container that is locked; the trunk of a vehicle; or the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.

“Public highway” means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel.  The term includes the right-of-way of a public highway.

A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.  Possession by a person of one or more open containers in a single criminal episode is a single offense.

It is an exception at the time of the offense the defendant was a passenger in: the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.

An offense under this section is a Class C misdemeanor.

A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.  If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.

If you or someone you know is being charged with a crime such as drug possession, DWI, family violence, etc., and need someone to represent you, please contact the Law Office of Hector Gonzelez III at (512) 222-4140 for a free consultation.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

Police said they arrested and charged 21 people with drunken driving during Austin’s Mardi Gras festivities Tuesday night and early Wednesday and collected the blood of 13 of those suspects.

Authorities said that of the 21 suspects, eight consented to a breath test while investigators sought search warrants to obtain the blood of eight motorists; two motorists were required by law to give a blood sample because they had been in a serious wreck, while three others consented to give a blood sample.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

The Austin Police Department will enforce a so-called no-refusal initiative during Mardi Gras next week, the department said in a statement. Officers will enforce the initiative from 9 p.m. to 5 a.m. March 5 and March 8, police said. People suspected of driving while drunk during that time will have their blood tested under a search warrant if they refuse to submit to a breath test or to give a blood sample.

Being charged with a DWI is very serious, yes your first arrest is only a misdemeanor unless you have children in the vehicle.  A drunk driving conviction in Austin will limit your education options, options for internship and future job employment.  If you have been charged with a DWI in Austin Texas contact DWI defense lawyer in Austin immediately at (888)232-7313.

El departamento de policía de Austin hará valer una llamada iniciativa no-negativa durante el Mardi Gras la próxima semana, el Departamento dijo en una declaración. Oficiales hará valer la iniciativa de 9 p.m. a 5 de la mañana el 8 de marzo y el 5 de marzo, dijo la policía. Personas sospechosas de tiempo conducir ebrio durante ese tiempo tendrá su sangre probado bajo una orden de registro, si se niegan a someterse a una prueba de aliento o para dar una muestra de sangre.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701

Sec. 106.041.  DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR.  (a)  A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor’s system.

(b)  Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

(c)  If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:

(1)  a fine of not less than $500 or more than $2,000;

(2)  confinement in jail for a term not to exceed 180 days;  or

(3)  both the fine and confinement.

(d)  In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for:

(1)  not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section;  or

(2)  not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section.

(e)  Community service ordered under this section must be related to education about or prevention of misuse of alcohol.

(f)  A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred disposition or deferred adjudication.

(g)  An offense under this section is not a lesser included offense under Section 49.04, 49.045, or 49.06, Penal Code.

(h)  For the purpose of determining whether a minor has been previously convicted of an offense under this section:

(1)  an adjudication under Title 3, Family Code,  that the minor engaged in conduct described by this section is considered a conviction under this section;  and

(2)  an order of deferred disposition for an offense alleged under this section is considered a conviction of an offense under this section.

(i)  A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.

(j)  In this section:

(1)  “Child” has the meaning assigned by Section 51.02, Family Code.

(2)  “Motor vehicle” has the meaning assigned by Section 32.34(a), Penal Code.

(3)  “Public place” has the meaning assigned by Section 1.07, Penal Code.

(4)  “Watercraft” has the meaning assigned by Section 49.01, Penal Code.

El artículo 106.041. CONDUCIR VEHÍCULOS U OPERAR EMBARCACIONES BAJO LA INFLUENCIA DE ALCOHOL POR MENOR. (a) un menor comete una ofensa menor opera un vehículo de motor en un lugar público o un embarcaciones, mientras que cualquier cantidad detectable de alcohol en sistema su.
(b) salvo lo dispuesto en la subsección (c), un delito en virtud de esta sección es un delito menor de clase C.
(c) si se demuestra en el juicio del acusado que el acusado es un menor de edad que no sea un niño y que haya sido condenado anteriormente por lo menos dos veces por una ofensa bajo esta sección, la ofensa es punible con:
(1) una multa de no menos de $500 o más de 2.000 dólares;
(2) la reclusión en la cárcel por un término no se supere 180 días; o
3) tanto la multa y el confinamiento.
(d) además de cualquier multa y cualquier orden emitida en virtud de la sección 106.115, el juez ordenará un menor declarado culpable de una ofensa bajo esta sección para realizar servicio comunitario para:
(1) no menos de 20 o más de 40 horas, si el menor no ha sido previamente condenado de un delito en virtud de la presente sección; o
(2) no menos de 40% o más de 60 horas, si el menor ha sido condenado anteriormente por una ofensa bajo esta sección.
e servicio a la comunidad ordenado bajo esta sección debe estar relacionado a la educación sobre o prevención de uso indebido de alcohol.
(f) un menor de edad, quien los cometa un delito en virtud de esta sección y que ha sido previamente condenado dos veces o más de ofensas en esta sección no son elegible para la disposición diferido o adjudicación diferida.
(g) una ofensa bajo esta sección no es una ofensa menor incluida en virtud de la sección 49.04, 49.045, o 49.06, el Código Penal.
(h) con el fin de determinar si un menor de edad ha sido condenado anteriormente por una ofensa bajo esta sección:
(1) una solución judicial en virtud del título 3, código de la familia, que el menor se dedica a la conducta descrita en esta sección se considera una condena en virtud de la presente sección; y
(2) un orden de disposición diferido para una ofensa alegada en esta sección se considera una condena de un delito en virtud de esta sección.
(i) un oficial de paz que se está cargando a un menor con la perpetración de un delito en virtud de esta sección no tiene que tener al menor en custodia, pero puede expedir una citación a la menor que contiene una notificación del tiempo y lugar que el menor debe aparecer delante de un magistrado, el nombre y la dirección del menor acusado y el ataque de los acusados.
(j) de esta sección:
(1) “Niño” tiene el significado asignado por la sección 51.02, código de la familia.
(2) “Vehículo de Motor” tiene el significado asignado por la sección 32.34(a), Código Penal.
(3) “Lugar público” tiene el significado asignado por la sección 1,07, Código Penal.
(4) “Watercraft” tiene el significado asignado por la sección 49.01, Código Penal.

Law Offices of Hector Gonzalez III - 512-501-2344
700 Lavaca St Suite 1400, Austin Texas 78701