Travis County DA Lehmberg arrested for DWI

[ninjamedic2293]

Is she a CHL permit holder? Was she carrying at the time?

I actually have an open records request in to the Travis County Sheriffs Office about this very topic requesting the arrest report, vehicle inventory, and any documents related to a firearm recovered during the arrest. It would surprise me greatly if she wasn't carrying as she is the DA of a major metropolitan area prosecuting trans-national drug traffickers. Also after the Kaufman County incidents it would surprise me if any DA or ADA wasnt carrying.

[gigag04]

Not sure about the waking magistrate part as there is a judge working at night downtown to magistrate people. I'll be curious to see if she submitted to a chemical test, or acted like the rest of Travis County and refused. Their conviction rate is pitiful for DWI's and it is the county attorney that handles first time DWI and not the DA.

How does one "refuse" ?? ..
Ok let me rephrase, yes they can refuse, and the LEO can then request a blood warrant based on his PC and evidence observed so far. The Judge issues warrant, blood is drawn, chemical BAC info is now on hand as evidence as well.


What am I missing on the "if she submitted to a chemical test, or acted like the rest of Travis County and refused."

Thanks

Aside from APD when they have no refusal days (days where they get court orders for everybody that refuses to comply with the law) when people refuse to voluntarily submit to the chemical test, it is common practices and they do not get a court ordered blood draw. There are often articles on this topic as the public is up in arms over court ordered blood draws. Everybody consents to that when they get the driver's license.

In reading the news today it said they had to get a court ordered blood draw, so she may very well have refused. All the attorneys advertise to refuse the test as this way they can beat the DWI rap and then fight DPS regarding loosing the driver's license.

http://www.statesman.com/news/news/loca ... ys-/nXMCY/" onclick="window.open(this.href);return false;

My agency gets blood on everyone and has an on call list for judges to fax search warrants to/from.

[JALLEN]

Is she a CHL permit holder? Was she carrying at the time?

I actually have an open records request in to the Travis County Sheriffs Office about this very topic requesting the arrest report, vehicle inventory, and any documents related to a firearm recovered during the arrest. It would surprise me greatly if she wasn't carrying as she is the DA of a major metropolitan area prosecuting trans-national drug traffickers. Also after the Kaufman County incidents it would surprise me if any DA or ADA wasnt carrying.

Do law enforcement officers carry by virtue of CHLs? Or do they qualify by virtue of their office to an exemption?

We saw in the letter from Sen. Cornyn to AG Holder that apparently US Attorneys are not permitted to carry weapons.

[o b juan]

as a CHL Instructor If I received a DWI I would lose my CHL & mind you my ability to Instruct Classes but worst of all my livelihood that supplements my SS.

I do my drinking at home.

[E.Marquez]

US Attorneys are not permitted to carry weapons.

Not permitted? ...I must be reading that wrong..
Your saying by virtue of the job position they are forbidden from carrying a weapon?
That's just silly, I assume I'm taking the wrong meaning from your post

[gigag04]

Do law enforcement officers carry by virtue of CHLs? Or do they qualify by virtue of their office to an exemption?

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
Sec. 46.03. PLACES WEAPONS PROHIBITED.


Sec. 46.15. NONAPPLICABILITY.
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;



http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;

[KC5AV]

US Attorneys are not permitted to carry weapons.

Not permitted? ...I must be reading that wrong..
Your saying by virtue of the job position they are forbidden from carrying a weapon?
That's just silly, I assume I'm taking the wrong meaning from your post

I believe they are prohibited from carrying in court due to a DOJ policy. Nothing else I am aware of prohibits them from from carrying.

[texanjoker]

Not sure about the waking magistrate part as there is a judge working at night downtown to magistrate people. I'll be curious to see if she submitted to a chemical test, or acted like the rest of Travis County and refused. Their conviction rate is pitiful for DWI's and it is the county attorney that handles first time DWI and not the DA.

How does one "refuse" ?? ..
Ok let me rephrase, yes they can refuse, and the LEO can then request a blood warrant based on his PC and evidence observed so far. The Judge issues warrant, blood is drawn, chemical BAC info is now on hand as evidence as well.


What am I missing on the "if she submitted to a chemical test, or acted like the rest of Travis County and refused."

Thanks

Aside from APD when they have no refusal days (days where they get court orders for everybody that refuses to comply with the law) when people refuse to voluntarily submit to the chemical test, it is common practices and they do not get a court ordered blood draw. There are often articles on this topic as the public is up in arms over court ordered blood draws. Everybody consents to that when they get the driver's license.

In reading the news today it said they had to get a court ordered blood draw, so she may very well have refused. All the attorneys advertise to refuse the test as this way they can beat the DWI rap and then fight DPS regarding loosing the driver's license.

http://www.statesman.com/news/news/loca ... ys-/nXMCY/" onclick="window.open(this.href);return false;

My agency gets blood on everyone and has an on call list for judges to fax search warrants to/from.

That is the way it should be

[JALLEN]

US Attorneys are not permitted to carry weapons.

Not permitted? ...I must be reading that wrong..
Your saying by virtue of the job position they are forbidden from carrying a weapon?
That's just silly, I assume I'm taking the wrong meaning from your post

Just a week or so ago, Cornyn wrote Holder to ask why AUSA (federal prosecutors) are not allowed to carry on Federal property even if they have a CHL.

viewtopic.php?f=83&t=64886" onclick="window.open(this.href);return false;

“It has come to my attention that federal law…exempts law enforcement officers, agents, and federal officials (such as prosecutors) from prohibitions on carrying firearms in federal court facilities. Yet I am told that as a matter of policy, federal prosecutors are barred from carrying personal self-defense firearms to their offices (and parking facilities) even if they hold a state-issue concealed carry license,” Cornyn writes in the letter.

“If this information is accurate and is a matter of federal court policy, then the safety and security of federal officials demands the policy’s immediate reconsideration,” Cornyn continued. “Prosecutor safety should start with enabling them to defend themselves from violent attack.”

Read more: http://dailycaller.com/2013/04/04/corny ... z2Qfg098Vq" onclick="window.open(this.href);return false;

[texanjoker]

US Attorneys are not permitted to carry weapons.

Not permitted? ...I must be reading that wrong..
Your saying by virtue of the job position they are forbidden from carrying a weapon?
That's just silly, I assume I'm taking the wrong meaning from your post

Just a week or so ago, Cornyn wrote Holder to ask why AUSA (federal prosecutors) are not allowed to carry on Federal property even if they have a CHL.

viewtopic.php?f=83&t=64886" onclick="window.open(this.href);return false;

“It has come to my attention that federal law…exempts law enforcement officers, agents, and federal officials (such as prosecutors) from prohibitions on carrying firearms in federal court facilities. Yet I am told that as a matter of policy, federal prosecutors are barred from carrying personal self-defense firearms to their offices (and parking facilities) even if they hold a state-issue concealed carry license,” Cornyn writes in the letter.

“If this information is accurate and is a matter of federal court policy, then the safety and security of federal officials demands the policy’s immediate reconsideration,” Cornyn continued. “Prosecutor safety should start with enabling them to defend themselves from violent attack.”

Read more: http://dailycaller.com/2013/04/04/corny ... z2Qfg098Vq" onclick="window.open(this.href);return false;

The federal courts do not allow anybody to carry. We have to turn in our guns while in a LEO uniform..... pretty lame wanting a uniformed Leo to disarm.

[JALLEN]

The federal courts do not allow anybody to carry. We have to turn in our guns while in a LEO uniform..... pretty lame wanting a uniformed Leo to disarm.

In courtrooms surrounded by marshals and perps, etc I can see it, but in their offices? In the parking lots? In the cafeteria? It seems grotesque to me, another facet of the pitiful pale shadow of America this country has sunk to.

Our courthouse here wouldn't allow anyone to carry a tape recorder, dictating device, radio, or anything last time I was there. I've not been in many years now, since cell phones on everyone's hip and purse became ubiquitous. Cellphones with camera must really give them fits.

I take it the exemption quoted above relating to peace officers and special investigators must not apply to elected officials like the DA.

[A-R]

New SCOTUS ruling on DWI blood draws
A man charged with drunk driving won his case at the U.S. Supreme Court on Wednesday, after the justices concluded police should have first obtained a warrant before conducting a blood test against his will, shortly after arrest. http://www.cnn.com/2013/04/17/justice/c ... index.html" onclick="window.open(this.href);return false;?

[A-R]

Austin PD has immediately ceased warrantless blood draws based on SCOTUS ruling (probably going to split this into separate thread)

http://m.statesman.com/news/news/local- ... sts/nXPdL/" onclick="window.open(this.href);return false;

[stash]

Sure would like to see the video of her arrest which the powers to be won't release.

[texanjoker]

Sure would like to see the video of her arrest which the powers to be won't release.

IF there is video, at some point they will have to release it. That might not be until this case is adjudicated, but somebody will obtain a copy due to open records.