This past week, the David Smith Law Firm, PLLC achieved three significant victories in Harris County criminal courts, obtaining dismissals for three clients facing charges: possession of marijuana,driving while intoxicated (DWI), and accident involving damage to vehicle. These results highlight the importance of a strong defense strategy and the value of working with an experienced Houston criminal defense attorney when your future is on the line.

Why These Dismissals Matter

In Texas, accident involving damage to a vehicle, marijuana possession and DWI charges carry severe consequences–YES, even possession of marijuana!:
  • Possession of Marijuana: Even a small amount can lead to a criminal record, fines, and long-term collateral consequences affecting employment and housing.
  • DWI: A conviction can result in license suspension, steep fines, increased insurance rates, and even jail time.
  • Accident Involving Damage to Vehicle: accidents happen all the time, and not every accident should require the parties to be labeled criminals.
A dismissal means the charges are dropped, and the client avoids a conviction—keeping their record clean and protecting their future, and opening the door to future petitions for expungement.

Case 1: Marijuana Possession Dismissed in Harris County

Our first client was charged with possession of marijuana after a traffic stop in Houston. The defense team carefully reviewed the evidence and discovered critical issues. By arguing our client was otherwise eligible for possession of marijuana diversion, but was instead arrested, coupled with issues of the State being not being able to prove THC concentration, along with other key arguments, the case was dismissed before trial. This outcome demonstrates how justice can prevail, when zealous advocacy is presented to the State.

Case 2: DWI Charge Dismissed in Houston

The second client faced a DWI charge after being arrested in Houston. The stakes were high: a conviction could have led to license suspension and significant fines, as well as employment issues. Our defense strategy focused on issues with the first encounter of our client with police, coupled with the State’s lack of ability to prove certain key evidence related to the elements of driving while intoxicated.
After presenting these issues to the Chief of the court, the prosecution agreed to dismiss the charge. We appreciate the careful review and evaluation of the case by this Chief.  This result underscores the importance of challenging every aspect of a DWI case—from the traffic stop to the testing procedures.

Case 3: Accident Involving Damage to Vehicle Charge Dismissed in Houston

The third client faced an accident involving damage to vehicle charge after being arrested in Houston. Our client is young and a conviction could have led to issues with their future, significant fines, as well as employment issues. Our defense strategy focused on arguing our client didn’t deserve to be labeled a criminal the rest of their life for the facts alleged against them.  Not every accident is a criminal charge, and while the alleged complaining witness received their restitution and was made whole, we successfully argued for our client to remain without a criminal conviction–case dismissed!

What These Wins Mean for Houston Residents

These dismissals are not just victories for our clients—they’re reminders that criminal charges in Harris County are not unbeatable. Whether you’re facing accident involving damage to a vehicle, marijuana possession or DWI, there are often strong defenses available, including:
  • Challenging unlawful searches and seizures.
  • Questioning the reliability of breath or blood tests.
  • Identifying procedural errors in the arrest process.

Texas Law and Local Context

Under Texas Penal Code, marijuana possession—even in small amounts—remains a criminal offense. Similarly, Texas Transportation Code §49.04 governs DWI charges, imposing strict penalties for driving with a blood alcohol concentration of 0.08 or higher. Harris County prosecutors aggressively pursue these cases, but they must follow the law and the officers obtaining evidence must follow the law.  Even the misdemeanor of accident involving damage to a vehicle could seriously jeopardize a person’s future.

Why Acting Quickly Matters

If you’ve been arrested in Houston or Harris County, time is critical. Evidence can disappear, and deadlines for filing motions approach fast. Waiting too long can limit your options for dismissal.
If you or someone you know is facing marijuana possession or DWI charges in Houston, don’t wait. Every moment counts when your freedom and future are at stake. Speak with a Houston criminal defense attorney who knows how to fight for dismissals and protect your rights.
Your case deserves immediate attention. Take action today to avoid a conviction that could follow you for life.

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