Things To Know About TX DUI Laws: Careful Driving Guidelines and DUI Facts

I will tell you right up front, that the moral of this article is to never be found guilty of a DUI in the state of Texas. Do everything you can to avoid drinking and driving and if you are charged with a DUI, contact our office immediately to secure a proper DUI legal defense team! You need to be extremely careful when driving around in Texas because drinking and driving offenses have some severe punishments and penalties. There are several important things to know about TX DUI laws if you operate any type of vehicle in our state or if you have children or relatives who could potentially be drinking and driving.

First of all, DUI or Driving Under the Influence of drugs or alcohol is considered a very severe offense in Texas. Some states may be rather lenient for their own DUI offenders, but the laws in Texas assure quick and stern sentencing for all offenders. Of course, several factors also play an important role for the severity of the issue, such as if the offense is the first offense ever committed by the offender, whether the offender is a minor, or whether the accused was involved in an accident. If an accident did take place, and there were others injured or killed, the charges could escalate very quickly. Even if only property damage occurred, the charges can be increased.

As a first time offender, if you are found guilty, you will lose your license, have some hefty fines, and even spending time in jail is a distinct possibility. Drug and alcohol counseling is almost always mandatory as well. As a second time offender, the jail time and fines will basically double for most people. If you are convicted a third time for DUI, you are in quite a bit of trouble and the courts will try charge you with a felony DUI, which carries sentencing up to 10 years.

In addition to all the legal problems you will face in court, once the conviction is on your record, it can have a very negative impact on your life afterwords. Transportation will be much harder to come since you wont have a license and when you can eventually drive, your insurance rates will be higher from the DUI. You will also be limited to the types of jobs you can perform, because anything that requires driving will be out of the question.

To help eliminate all these problems, and to keep the world a safer place, please never drink and drive. But if you are convicted of drinking and driving, please contact us immediately so we can properly evaluate your situation and determine if you are truly at fault for the crime. We can help today, so give us a call!

A Few Changes In Our Local Texas Laws That You Might Need To Know About

In the last few years, we have seen a few new laws that are helping to make the state of Texas a safer place for all of its human residents and even a few animals! Here are some of the changes in TX criminal laws that had been passed as 82nd amendment by the Texas Legislature and came in force since September 1, 2011 include:

Changes in Senate Bill or S.B. 462 and House Bill or H.B. 351 had reduced the time of expunging the criminal records of a criminal who is charged for some crime but not convicted for it. The recent amendment to this criminal law reduces the time to wait before expunging the individual’s record. Instead of waiting till the expiry of the deadline the applicants have to wait for 6-12 months in general offenses and three years for criminal offenses before requesting for expunging their criminal record whereas in some offense it has been completely nullified.

H.B. 260, H.B. 3000 and H.B. 2329 had helped in creating separate office for dealing criminal cases related to human smuggling, multiple offenses of human trafficking and providing the right to the victims of the human trafficking cases to ask for their protection.

H.B. 1215 made it lot easier to prosecute the people for obtaining financial information of an individual by using telephoto lenses or credit/debit card browsing machines.

S.B. 331 enabled the law to consider the possessors of chemicals or bath salts related to the making of possessors or bath salts or manufacturer of marijuana based products as criminals.

H.B. 3474 and S.B. 1331 provided immunity from the criminal prosecution for the minors, who are seeking emergency medical help due to alcohol poisoning.

S.B. 407 had put sexting, receiving/sending of sexually explicit images through mobile telephones, for minors under criminal category.

H.B. 1043 had put new cases of animal cruelty under criminal offense.

H.B. 1806 had considered altering the weight or length of any fish to affect the result of any fishing tournament as a criminal offense.

Lance Armstrong Can Stop Worrying About Criminal Legal Problems – For Now…

Lance Armstrong was a worldwide hero for a long time, and still is for many people around the world, regardless of his admission to using performance enhancing drugs while competing. Not considering the drugs and the lies, Lance mostly conducted himself professionally and was considered a great roll model for people in sports, business, and life in general.

Several weeks ago Lance admitted to the doping and lying, on national television. Many people believed that he would have significant negative legal exposure after his admission, but today the attorney representing the federal case against Lance announced that his admission would not change anything:

“We made a decision on that case a little over a year ago. Obviously, we’ve been well aware of the statements that have been made by Mr. Armstrong in other media reports. That does not change my view at this time.”

This is some great news for Lance, but we have no doubt he consulted with his attorneys prior to making this announcement and was expecting this outcome. With this confession, Lance was also admitting (at a minimum) to Obstruction of Justice and Perjury. Perjury is a Class A Misdemeanor, while Obstruction of Justice can be more serious, depending specifically on which type of obstruction he would have been found guilty of.

Either way, it sounds like Lance can stop worrying about criminal legal problems and focus on taking care of his family and cleaning up the mess he created for himself.

Arson Legal Defense In Texas

Arson can be charged when someone starts a fire or causes an explosion with intent to damage or destroy most any type of property or another person. Arson can even be charged when the fire is not started intentionally. Crimes against property are treated very seriously in Texas and when any other person is harmed or endangered, the charges are considerably more harsh.

Depending on the circumstances, an arson charge can be a felony of the first degree. This is allowed when a person is injured or killed as a result of the fire or explosion.

Arson cases can be difficult for prosecutors to prove in court, so it is very important for you to have proper legal representation. We specialize in criminal defense and can help you defend any type of arson case in Texas.

Texas Vehicular Homicide While Intoxicated

Vehicular Homicide While Intoxicated can carry fines of up to $10,000 and a prison term of up to 10 years.

If you were intoxicated and caused the death of someone while driving, it can be a completely horrible experience. You may even think you deserve to punished to the full extent of the law, because you are under such extreme stress. But you need to stop and consider your legal rights and how your future and freedom could be in jeopardy. Even if you are at fault, you still have rights and it is important to obtain legal protection as quickly as possible.

Charges Associated With Criminally Negligent Homicide

Criminally Negligent Homicide is charged in Texas when someone causes the death of an individual by criminal negligence. This is generally charged when the death is accidental, otherwise it would be considered murder or manslaughter. Murder or Capital Murder would be charged with an intentional killing and Manslaughter is when a person takes a substantial and unjustifiable risk that results in the death of another.

The differences in charges between Criminally Negligent Homicide and Manslaughter are significantly different and the jail time can range from just 6 months for criminally negligent homicide to up to 20 years for manslaughter. Fines for both crimes can exceed $10,000.

Our law practice specializes in defending these types of cases and we work hard to protect the rights of our clients. Please call us at any time if you are charged with any type of crime related to a death.

Manslaughter Is A Second Degree Felony In Texas

If you have recklessly caused the death of an individual, you may be in danger of being charged with manslaughter. Under Texas Penal Code 19.04., this is a felony of the second degree. Depending on the circumstances, the penalties and sentences range from 2 – 20 years in prison and fines exceeding $10,000.

In many states the term voluntary or involuntary is added to the manslaughter charge and an involuntary manslaughter is a lesser charge. Texas does not have this distinction, however, they do define different types of manslaughter, such as vehicular manslaughter, when reckless driving results in a death, or intoxicated manslaughter when an intoxicated person causes the death of another. Any charge of manslaughter should be taken very seriously and you should have a well planned out legal defense if you are facing these charges.

State laws are constantly changing, so always consult with us if you are being charged with a manslaughter charge. Different types of legal defenses could include self defense, Insanity, or a Heat of Passion defense. Please contact our offices immediately if you are charged or in fear of being charged with a manslaughter second degree felony.

Have You Been Charged With Kidnapping?

Are you facing an abduction or kidnapping charge? Before answering any questions from the arresting officers or law enforcement agencies, you need to make sure you have legal representation. These charges are very serious and Texas kidnapping laws are punishable with up to life in prison! Regardless of how you got into the situation, you need to speak with an attorney before talking to anyone else.

Kidnapping and Abduction are two charges that you never want to face in the state of Texas. Even if you are a parent or relative who is trying to rescue a child from danger, you may still be charged with abduction, however these charges should not hold up in court if the best interests of the child were intended. Kidnapping is not charged if there is no intent or use of deadly force. In these situation, an you may be at risk of a unlawful restraint or transport charge.

Aggravated kidnapping is a first degree or second degree felony, depending on the situation. In the event the victim is released voluntarily without harm, a second degree felony would likely be charged. In other circumstances, such as an injured victim, or someone sexually abused, a first degree felony would be charged.

If you have been charged with kidnapping, abduction, unlawful restraint, or unlawful transport, you need to contact our offices immediately, so we can help you prepare a defense.

Motorists From San Antonio to Austin Rejoice!

The final portion of the Texas toll road is now complete where drivers can legally drive faster than anywhere else in the country. After three years of constructions, the final 41 miles of Hwy 130 (also called Pickle Parkway) is now open with a speed limit of 85 miles per hour. The tolls will not start until November 11th, but will be about 15 cents per mile. The goal of this highway is to free up some of the congestion of I-35 and allow commuters to save time with the faster highway.

The new toll road has opened about the same time as the new COTA (Circuit Of The Americas) race track, so speed enthusiasts from around the world will have the chance to drive on the fastest legal road in America. COTA will be holding its first race on Nov. 18th, just 7 days after the toll booths will start taking money.

In 2011, state legislation allowed the speed limits to be raised on certain roads and since that time several highways have had 80mph speed limits. These new faster speeds cause concern with some residents, but studies have proven that highways in Texas with 80mph speed limits have actually lowered driving fatalities after 3 years of observation. This highway, along with others will be monitored regularly and speed limits will be adjust if safety ever becomes a problem.

Officials alos tested the camera system that is meant to capture the license plates of “toll jumpers” by using a Hennessey Cadillac CTS-V and Camaro ZL1 to test the cameras at 180 mph. In the tests, the cameras captured both the front and rear license plates clearly. So don’t skip the tolls, or you could end up getting a hefty fine and increased toll in the mail a few weeks later!