High Tech Crime Unit

The High Tech Crime Unit was created as a joint partnership between the Austin Police Department and local high tech industries on Feb. 1, 1995. The unit, which is comprised of three Austin Police Officers, was the first of its kind in Texas. The unit was patterned after a similar unit in San Jose, California. The High Tech Crime Unit was formed to take a pro-active approach in tackling high tech crimes before they become a problem in the Austin area's growing high tech industry. Currently, there are over 3,000 high tech companies in the Austin metro area employing more than 100,000 persons. Law enforcement focuses on issues such as computer component theft, computer hacking, trademark counterfeiting, theft of intellectual property, robbery and burglaries of high tech companies. Law enforcement agencies which are involved with the High Tech Crime Unit include the FBI, IRS Criminal Investigations Division, U.S. Customs Service, U.S. Secret Service, U.S. Attorney's Office, Texas Attorney General's Office Internet Bureau, Texas Department of Public Safety and the Travis County District Attorney's Office. The Austin Metro High Tech Foundation, an organization sponsored by several local high tech companies, provides financial support for materials, equipment and training to Austin area law enforcement agencies, including the APD High Tech Crime Unit.The Austin Police Department High Tech Crime Unit can be contacted by email at high.tech@ci.austin.tx.us.When contacting the High Tech Crime Unit, please keep in mind that the unit does not investigate Internet related crimes (Cyber Crimes) unless they fall into the categories mentioned below. Internet fraud, credit card abuse, identity theft and harassment can be reported to the Austin Police Department by calling 3-1-1. Internet child exploitation (solicitation of a child or child pornography) should be reported to the Child Abuse Unit at 3-1-1

Auto Theft Interdiction Project

In 1998, the Austin Police Department's Auto Theft Section received a grant from the Texas Automobile Theft Prevention Authority (ATPA). This grant was established by the Texas 72nd Legislature in June 1991 as part of a statewide effort to reduce vehicle theft. The ATPA program is an innovative approach toward preventing and reducing auto theft related offenses by directing resources at the root causes of auto theft while building a community prevention model. In an effort to advance the goals of the ATPA program, APD created the Auto Theft Interdiction Project (ATIP). State-of-the-art crime analysis, crime prevention techniques and educational strategies provide APD with a proactive auto theft program. The result is a program in which procedures have been streamlined to effectively locate, arrest, investigate and file charges against auto thieves and organized elements in auto theft crime.

In 2007, the 80th Texas Legislature passed HB 1887. Beginning September 1, 2007, the ATPA’s mission expanded to include auto burglary and theft prevention, as well as to provide programs to educate automobile owners on how to prevent auto burglary and theft. Additionally, the bill renamed the ATPA to the Automobile Burglary and Theft Prevention Authority (ABTPA).

DWI Enforcement Team

Motorists who drink and drive are involved in approximately 50% of fatal collisions and an equal percentage of serious injury collisions. After 2 a.m., it is estimated that two of every four motorists on the road are driving under the influence of alcohol. These disturbing statistics reflect a dangerous trend on our roads that the Austin Police Department is determined to reverse.

To increase enforcement of DWI laws and send a message to motorists who drink and drive, APD launched the DWI Enforcement Team in August 1998. The unit, which is under the direction of the Highway Enforcement Command, is comprised of 14 patrol officers, two corporals and two sergeants. As a dedicated DWI enforcement unit, the Enforcement Team is able to concentrate its patrol efforts on apprehending drunk drivers. Patrol officers focus on areas where DWI offenses are most likely to occur (entertainment areas featuring bars and nightclubs) during times when most drunk drivers are on the roads (evenings, weekends and holidays). In addition, members of the Enforcement Team are able to provide support to regular patrol officers during peak offense times, relieving patrol officers by handling the lengthy processing of arrests.

The working relationship between regular patrol and the Enforcement Team increases the efficiency of the Department as a whole in removing drunk drivers from our roads. First, the Enforcement Team increases the number of patrol units on the streets, making apprehension of DWI offenders more likely. At the same time, regular patrol officers who make DWI arrests are able to turn suspects over to the Enforcement Team for processing through the system, allowing them to resume patrol duties and apprehend other DWI offenders. As a result, both the numbers of Enforcement Team and regular patrol DWI arrests have increased.

Travis County Jail Release

You’ve heard about it in the movies: that one phone call that the person is allowed to make in jail. You never thought a DWI charge would happen to you or a loved one and now you’re wondering who you should call. That person is Ken Gibson. If you find yourself or someone you know in the Travis County Jail, Williamson County Jail or the Hays County Jail, your first call should be to Ken Gibson at (512) 469-6056. Even if it’s the middle of night, call this number and you’ll feel better the moment you hear a friendly, helpful voice telling you exactly what needs to happen next.

Why Call Ken Gibson?

While this is probably a first experience for you, Ken Gibson has handled hundreds of DWI cases. What’s scary to you is another day on the job for him, which should comfort you. And the best part is that he practices locally right in Austin and his office is only 2 blocks from the Travis County Jail and courthouse.

But it’s not just Mr. Gibson’s experience that will help you. It’s his understanding that your case is different from the last. Your case is based on specific facts that could only be relevant to your case.

Where to Begin

You’ll find that a Texas DWI is a maze of confusion. To help alleviate this fear and anxiety and to answer all of your questions, you can set up an initial consultation with Ken Gibson. This consultation will fit within your schedule and you’ll learn about the charges against you and how Ken Gibson will defend you. If you would like to schedule your initial consultation and see what DWI criminal defense attorney, Ken Gibson can do for you, please call him at 512-469-6056 or 866-469-6056.

Texas Administrative License Suspension

If you are arrested for a DWI, you must act fast! Usually during the arresting process, the officer will give you a notice of suspension for your driver’s license. Following 15 days from the date you received that notice of suspension, you must request a hearing with the Department of Public Safety, otherwise the ALR (automatic license revocation) takes place.

Luckily when you hire the law office of Ken Gibson, we’ll take care of all this work for you. Contact us immediately after you are arrested for a DWI and we’ll act quickly to request your hiring so you have a fight chance of saving your license.

When someone is arrested for a DWI in Texas, they are actually facing two separate cases; one criminal, the other a civil proceeding known as the ALR. If you requested the ALR hearing in the proper procedure here is what will happen. If the arresting officer does not appear, the complaint is often dismissed and the license suspension is avoided. However, this is separate from the criminal court case where they will also seek to take away your license.

If the hearing does proceed the Department of Public Safety must show that there was a reasonable suspension to stop you. They must show that you were in control of the vehicle and that the arresting officer gave you the opportunity to take a breath or blood test an informed you orally and in writing the consequences of refusing and failing the test. Finally, they must show that your BAC was at or over the limit of .08% or that you refused the test altogether.

What Ken Gibson Will Do for You

This can be a confusing time between the ALR hearing and the criminal court case, but we use this to our advantage. We’ll use the testimony from the ALR hearing to help prepare for the criminal case. When we challenge every aspect of your case during the ALR hearing, we are able to better prepare for the criminal case. Even if we cannot prevent your license from being revoked, we can still often obtain an occupational driver’s license that allows you to drive to and from work.

Texas Field Sobriety Tests

Did you know that unlike the breath and blood test, you can refuse to take a field sobriety test without receiving a separate ticket? Somehow, police officers always seem to miss telling you that. Police officers are not required to tell you that you don’t have to perform these tests.

How Can You Defend My Field Sobriety Tests?

I can challenge your testing based on many things. For example, did you even need to use the car for support when you got out of the car? Did the officer ask you if you have any injuries that could prevent you from doing the testing? If you have a back, knee leg or foot injury, perform the one leg stand and walk and turn can prove to be very difficult. Do you have balancing problems such as vertigo, middle ear problems? Were you wearing 2 inch heels or higher? Are you overweight or 65 years or older? All of these reasons can prevent you from performing well on your field sobriety tests.

One Leg Stand

In order for this test to be completed properly, the officer must tell you exactly what to do and also demonstrate this act for you. The one leg stand requires you to stand with your feet together and arms at your sides and keep that position until you are told to begin. The officer must ask if you understand and you must acknowledge that you do before beginning. You will then raise one leg six inches off the ground with your foot pointed out. The test can last no more than 3 seconds.

The officer will score you on swaying while balancing, using arms for balance, hopping and if you put your foot down. If you put your foot down 3 or more times, this is a fail.

Walk and Turn

This second standardized test requires that you place your left foot on a line in the road. Your right foot should be in front with the heel touching the toe of your left foot. Keeping your arms at your sides, you will take 9 heel-to-toe steps, turn and keep your foot on the line and walk back in the same manner.

The eight scoring factors of this test are: cannot keep balance while listening to instructions, starting before instructions are finished, stopping while walking, did not touch heel-to-toe, stepped off the line, used arms for balance, improper turn and incorrect number of steps.

HGN

The horizontal gaze nystagmus test required you to follow an object with your eyes only, without turning your head. The officer will look for an involuntary jerking of the eyes.

Texas Implied Consent

In Texas, there are many laws that try to prevent one from drinking and driving. With one DWI charge, many drivers don’t realize that they will be facing two separate cases. One is the obvious criminal case, but the other is a civil proceeding. The second case is known as the administrative license revocation (ALR). This is initiated by a person either failing a chemical test by going over Texas’ legal limit of .08% blood alcohol concentration level, or by refusing to take the test.

Refusing to take the test is where the Texas Implied Consent Law comes into play. This law basically states that any driver who operates a motor vehicle on Texas roadways has impliedly agreed that he or she will provide a breath or blood sample, if properly requested by a police officer if ever arrested for a DWI. By having a driver’s license in Texas, you have already agreed to the Implied Consent Law. This same law also applies to boaters or those who operate a watercraft in Texas. This means that your driver’s license can be suspended not for failing a blood or breath test, but for refusing such testing.

Texas courts have also determined that a driver does NOT have the right to speak with an attorney before deciding whether he or she will submit to a chemical test. However, if you are involved in an accident with life threatening injuries or a fatality, you can be forced to take a chemical test if arrested for a DWI.

Your Driver’s License

Texas police are now required to take away your license upon being arrested for a DWI. They will issue you a temporary driving permit that expires on the 41st day after the date of issuance. You, or your attorney, must make a timely request, for an ALR hearing with the Department of Public Safety if you’d like to possibly save your license.

Hiring a DWI Lawyer

Texas’ Implied Consent Law is just one of the many reasons you should hire an experienced DWI attorney. This law aims at taking away your driving privileges, but defense attorney Ken Gibson can help you fight for your right to drive.