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b2ap3_thumbnail_truck-driver-cdl-traffic-violations.jpgIf you make a living driving the roads and highways of Texas, you know how valuable your Commercial Driver License (CDL) is to your profession. Losing the ability to drive to a traffic violation or multiple violations would mean a significant loss of income and possibly lead to the loss of your job. If you are accused of any of the following violations, it is important that you contact a defense attorney who is knowledgeable about the ramifications and will fight for your ability to keep driving. 

Top CDL Convictions That Lead to a Disqualification

Here is a quick recap of some of the common ways in which your CDL might be suspended or revoked:

  • Driving while intoxicated - If you are convicted of a DWI, your CDL may be suspended for at least one year. If you were driving a hazardous materials vehicle, the suspension would be at least three years. A second offense would lead to a lifetime disqualification. 
  • Leaving the scene of an accident - The same punishments are enforced as a DWI. A first conviction means a one-year suspension, a three year suspension with a hazardous materials vehicle, and a lifetime disqualification for the second conviction. 
  • Serious traffic offenses - If you are convicted of two serious traffic offenses within three years, your CDL will be suspended for 60 days. Serious violations can include but are not limited to excessive speeding, improper or erratic land changes, reckless driving, and following other vehicles too closely. Three serious offenses within a three-year period will result in a 120-day CDL suspension. 
  • Railroad crossing violation - If you go around railroad gates when they are down or commit any other violation at a railroad-highway grade crossing, you face a 60-day CDL suspension for the first offense. A second offense within three years means a 120-day suspension, while a third offense within three years results in at least a one-year CDL disqualification. 
  • Vehicle is used in the commission of a felony - If you are convicted of using your commercial vehicle in the commission of a felony, you face at least a one-year CDL disqualification and will face a lifetime ban for a second offense. If the first felony involved the manufacture or distribution of a controlled substance you immediately face a lifetime disqualification from holding a CDL.

Contact a San Antonio CDL Violations Attorney

If you have a Commercial Driver License and have been accused of one of the violations above or any other type of moving violation, you need an attorney who will be your advocate and provide you with superior representation. Contact the San Antonio traffic violation lawyers at Law Offices of Sam H. Lock today. We will fight for you and your livelihood. Call us at 210-226-0965 for a free consultation. 

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San Antonio DWI defense lawyerYou are heading out for the night and one of the passengers in your car decides to crack open a beer or take a quick swig from a bottle of liquor. What is the risk to you, even if you have not been drinking? Under Texas law, the driver of a vehicle could be charged with a Class C misdemeanor if there is an open container of alcohol in your car, even if you have not been drinking. When an open container is combined with a Driving While Intoxicated (DWI) charge, the penalties can be even steeper.

Open Container Violations in Texas 

To avoid charges, there cannot be an open container of alcohol within the passenger area of the vehicle. Open contains means that the bottle or can that the alcoholic beverage is in has been opened, has a broken seal, or has contents that have been partially removed. The vehicle does not even need to be moving for you to be charged. If you do have to transport alcohol that has already been opened, it can legally be stored in a locked glove compartment, your trunk, or in the area behind the last row of seats if your car does not have a trunk. There are a few exceptions to the rule. Alcohol can be consumed in vehicles such as a bus, a taxi, or a limousine. They can also be enjoyed in the living quarters of a motor home or recreational vehicle.

For a police officer to lawfully stop your vehicle, they must have reasonable suspicion that you have broken the law or are a danger to yourself or others. The subsequent search must also be conducted lawfully. If you are caught with an open container, you may be charged with a Class C misdemeanor and subject to a fine of up to $500. If you are already being charged with a DWI, an open container gives the prosecution strong evidence that you had been drinking while or prior to driving. Your potential jail time also increases from 72 hours to six days.

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San Antonio weapons violations lawyerIf you are planning a fun-filled vacation or just picking up a friend, it is important to know your rights to carry firearms in and around a Texas airport. The Transportation Security Administration (TSA) reported that the number of firearms found at airports more than doubled last year. State and federal gun laws are both enforced at the airport, so it is best to know your rights and plan ahead for a lawful trip. At Law Offices of Sam H. Lock, we represent clients charged with all state and federal gun crimes.

Where Am I Allowed to Carry at a Texas Airport?

Under Texas law, you are allowed to open carry a handgun in a belt or shoulder holster or concealed on your person, as long as you are in an unsecured area of the airport. This includes the main airport lobby, pick-up and drop-off areas, parking facilities, and the baggage claim area. Once you attempt to enter a secured area, such as through airport security, federal law applies. If you are planning to fly with a firearm or otherwise enter a secured area, you should follow the following steps to avoid a serious fine and/or jail time. Firearms, both handguns and long guns, ammunition, and all firearm parts except for scopes must be declared at the luggage counter. They must be unloaded and secured in a locked, hard-sided container and placed in checked luggage. This includes replica firearms, including replicas that are toys. Only rifle scopes are allowed in carry-on baggage. To be safe, check with TSA Guidelines before packing.

What Are the Consequences?

If you are caught trying to enter a secured area with a firearm, you will be stopped by the TSA and turned over to local law enforcement officials for arrest and prosecution. If you are not a licensed gun owner, you will be arrested. If you have a License to Carry (LTC), you will not be arrested and you will likely be allowed to leave the airport, but may still face substantial federal fines. If you do enter a secured area, you risk federal imprisonment of up to 10 years and/or a fine up to $250,000. Any individual who is facing state or federal charges related to gun laws at the airport needs strong representation. A conviction in state or federal court of unlawful possession will have serious consequences.

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Texas white collar crime defense attorney White-collar crimes refer to various criminal behaviors typically committed by business professionals. One widespread example of a white-collar crime is mortgage fraud, which is any misstatement of information used by a lender when funding a property. Mortgage fraud is becoming increasingly prevalent in Texas and across the United States. It is essential to understand how mortgage fraud is committed, its penalties, and how to prevent prosecution in the event that you are accused.

Ways Mortgage Fraud is Committed

Individuals can commit mortgage fraud in a variety of ways. A homebuyer, seller, real estate agent, or lender can misrepresent information at any stage of the process of obtaining a mortgage. In the most common type of mortgage fraud, an entity involved in the mortgage process may choose to omit financial information, misrepresent costs, or falsify a buyer's ability to apply for a mortgage. Prosecutors can find fraudulent statements in:

  • The application for a mortgage loan
  • The property title
  • Tax or credit forms 
  • Income confirmation 
  • Opinions on the value of the property

Individuals may hide information or misrepresent financial statements to obtain a property they otherwise could not have afforded. This is not uncommon for homebuyers who inflate their income statements to get a home loan, but this behavior can occur for many different reasons. 

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b2ap3_thumbnail_shutterstock_227599924.jpgAfter being charged with a crime in Texas, some offenders will be released under a period of supervision called probation. Probation is used to ensure that a person previously sentenced for a crime is following the law. A probation officer is assigned to an individual to monitor his or her progress after incarceration or probation may be used as an alternative to incarceration for a crime. When that individual fails to maintain the probation order and breaks the law, the state of Texas can make a motion to revoke the probation. However, individuals who feel they had their probation revoked unjustly may have a case to defend themselves and maintain their probationary period. 

Reasons Probation May Be Revoked

If an individual violates their probation, the state of Texas will file to have the probation removed. The process is done by filing a formal document called the Motion to Revoke Probation, which includes the incident that led to the revocation. Typically, any law-breaking activity can result in a loss of probation. Some of the most common reasons probation is revoked include:

  • Failure to pass a drug test

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Office

Bexar County

In the historic King William District

1011 S. Alamo,
San Antonio, Texas 78210
210-226-0965
888-726-5625 Toll Free
210-226-7540