Research Being Done on Tests to Detect Marijuana-Impaired Driving

Impaired Driving is not only caused by alcohol, but by any substance use that results in impairment. But effectively testing for impairment caused by substances other than alcohol can be difficult. Click on the link below to read an article about marijuana-impaired driving and the research that is currently being done to develop an effective test for it.

This Cannabis Saliva Test Could One Day Be Used To Detect Impaired Driving

TJCTC’s DWI Bond Condition Program

TJCTC’s DWI Bond Condition Program is a part of a statewide effort to reduce the incidence of DWI offenses in Texas counties in adopting a comprehensive plan for setting, monitoring, and enforcing bond conditions in DWI cases. The program is free for counties and promotes the use of bond conditions (such as ignition interlock devices) that reduce the incidence of DWI recidivism, increases consistency in setting bond conditions by a magistrate and a trial court, and ensures that bond conditions required by law are properly set, monitored, and enforced.

The program web page includes additional details, including a video about the program, and tells you how to contacts us if you would like more information or are interested in signing up. We have also recently updated the web page with a new map that shows all of the counties that are currently expressing interest or participating in the Program.

Please click here to visit the web page!

January 2020 Spotlight – Constable Lee R. Callan, Menard County

Tell us a bit about yourself:
My name is Lee R. Callan. I am a native of Menard County, Texas. I grew up on my family’s ranch which is located on a railroad depot at Callan, Texas. I am 5th generation rancher and own a material construction business. After high school, I graduated from Angelo State University where I assisted the collegiate track team. I enjoyed serving on the board of directors for West Texas Boys Ranch. I am a Master Peace Officer and certified TCLOE Instructor. Currently, I am attending the Texas Association of Counties Leadership 254 Class. I am Texan to the core but I cheer for LSU and went to the National Championship game. GO TIGERS!

What made you decide to become a constable?
My interest and service in law enforcement comes from a family tradition. My great, great grandfather was a Texas Ranger and founding judge of Menard County. My grandfather was a practicing attorney. About 20 years ago, I was encouraged by a Justice of the Peace to run for Constable. I went to the law enforcement academy “later in life” in order to become a certified peace officer. I want to give back to my community which has given so much to me.

What is something innovative, interesting, or fun your office does?
I am a pilot and I use my R44 helicopter to assist law enforcement in this and surrounding counties when I can for search and rescue missions. I was able to locate a four year old girl that had been missing for about five hours in a rural area. She was about a mile and a half from her house in the middle of pasture and it was near dark. I used to scuba dive and was part of group of volunteers that was asked to locate a deceased person in a large lake.

What is the best part of your job?
The best part of my job is the people I serve, not only in Menard County but the great State of Texas. Menard is a small town and I enjoy knowing just about everyone. On Halloween, I drive around to hand out candy to the children on the same streets I trick or treated on 60 years ago. I serve as a bailiff in all the courts in Menard County including our five county District Court. I frequently serve as security at events like football, basketball and other meetings as the community requests. I have a positive relationship with our Sheriff’s Office and assist when needed. In my small town, escorting a funeral or parade is an honor and I am blessed to be involved.

 

Legal Board Question of the Month

January 2020

Question: Just needed a bit of clarification please. The new time pay fee ($15): is this only on tickets that are written after Jan 1st (and set up on payment plan, etc.) or any ticket that is set up after Jan 1st for payment plan, etc. Thank you.

Answer: Yes. The Time Payment Reimbursement Fee that became effective January 1, 2020, will apply to all fees assessed after that date, regardless of the date of offense or the date of the conviction. Please see page 19 of the Fines, Fees, & Costs Deskbook for a detailed description of when the Time Payment Reimbursement Fee applies, as there are some differences from the previous version of the Time Payment Fee assessed prior to 1/1/2020. The Deskbooks can be found at: https://www.tjctc.org/tjctc-resources/Deskbooks.html

Ignition Interlock Device Bond Condition: When it is Required and When it is Optional

SAVE-A-LIFE-LOGO4

During the 2019 legislative session, a change was made to when a magistrate is required to order an ignition interlock device (IID) as a bond condition. For the offense of DWI with a Child Passenger (the elements of this offense can be found in Section 49.045 of the Penal Code), the IID condition used to only be required if it was a subsequent offense. Now, this condition is required for this offense whether it is a first or subsequent offense. This new law applies to a defendant released on bond on or after 9/1/19 even if the offense was committed before then.

Below is a chart summarizing the current law for when a magistrate must impose an IID bond condition and when it is up to the discretion of the magistrate to decide whether or not to impose it. In the chart, CCP stands for Code of Criminal Procedure, PC stands for Penal Code, and DWI stands for Driving While Intoxicated.

IID Bond Condition Chart

SPOTLIGHT

We are rolling out a new “Spotlight” series on our blog. Each month, we will post an interview of someone from a justice court or constable office. Here is our first one!

Judge Clyde “Bubba” Howse

Justice of the Peace, Medina County Precinct 3

Judge Howse

  1. Tell us a bit about your background.

I was born and raised in the Air Force. I was born at Ft. Clayton, Panama Canal Zone. I have lived in Panama, France, Germany, Belgium, Switzerland, Alabama, Georgia, Louisiana, Tennessee and Texas. I graduated from Winston Churchill High School in San Antonio, Texas. After almost two years at the University of Corpus Christi, I worked in the oil field. When the oil field shut down, I moved to Sherman, Texas where I was the Golf Course Superintendent at the Grayson County Golf Course for 9 years. I took some Turf Science and Pest Control classes at the Golf Course and I was asked to apply to be an Investigator for the Texas Pest Control Board and EPA. I received that job and covered 27 counties in the East Texas area. There were some big changes in the Texas Pest Control Board and EPA, so I went to work for the Grayson County Sheriff’s Office in the Jail. While on vacation in Hondo, Texas I visited with the Sheriff of Medina County and then moved to Medina County and worked with the Medina County Sheriff’s Office as a Jailer and Animal Control Officer for 7 years.

  1. What made you decide to become a Judge?

I have been very interested in Law Enforcement and the Law for many years. I was getting a warrant for an animal seizure from Judge George Ernst, Justice of the Peace Pct. 3, and he told me that he would be retiring after 28 years in office and told me I should run for his office. After much prayer, I ran and won. I took office January 2011 and I am on my third term.

  1. What is something innovative, interesting, or fun your office does?

The four Justice of the Peace offices (Clerks and Judges) in Medina County have a quarterly meeting to discuss office issues, law changes, and how to handle these changes. We invite other offices that might be involved with these same issues or changes. We have had conversations about Mental Health and Magistration, Inquests, Courtesy Letters, and Video Magistration, to name a few. We have had Rebecca Glisan from TJCTC come and talk about the Bond Conditions on DWI Magistration. We have invited Pretrial Services, the Department of Public Safety, the Medina County Sheriff’s Office, jail staff, deputies, Net Data (JP software), MVBA ( collection agency), the Chief of Police from the towns in Medina County, MHDD (Mental Health staff), the County Judge, the Auditor, and other elected officials to come to these meetings and be a part of our conversation. These are informal meetings where everyone can voice their opinions. They are very good trainings and informative meetings.

  1. What is the best part about your job?

The best part of my job is the people I work with. I have the best clerks in the state. I am blessed to have a good working relationship with the other JPs and their clerks. We have good county officials to work with. I enjoy serving the people of Medina County.