There are several aggravating factors in driving while intoxicated cases that can lead to harsher penalties if convicted. Child endangerment is one of the most serious factors because it involves your responsibility to protect the children in your vehicle. A DWI charge that is normally a misdemeanor becomes a felony when children are involved. Beyond criminal ramifications, your fitness as a parent will come into question. DWI with a child passenger is a serious offense that can disrupt your family if not successfully contested.
A passenger qualifies as a child in a DWI case if he or she is younger than 15. A child only needs to be present in the vehicle during your suspected DWI incident in order for a DWI with child passenger charge to be filed. If the child was injured during the incident, that may result in a separate charge of intoxication assault with serious bodily injury. When a child is involved in a DWI incident, Texas law states that the officer must take a blood or breath test to determine your blood alcohol content. DWI lawyers advise that you refuse the test because of the incriminating evidence it can provide. However, refusing the test may result in additional charges. An officer can legally compel you to submit to a test only if he or she first produces a warrant. A warrantless test is unconstitutional in most cases, and the result from the test may be dismissed in court.
As several states have eased up on punishments for marijuana possession and expanded its legal use, Texas lawmakers are proposing changes to its marijuana laws that could decrease the number of criminal drug charges. Texas is known for having strict marijuana laws:
Possessing any amount of marijuana weighing 2 oz. or less is a Class B misdemeanor, which can result in up to 180 days in prison and a $2,000 fine.
Texas passed a 2015 law that gives medical patients access to use low-THC cannabis, but physicians can only prescribe it to patients diagnosed with intractable epilepsy.
Lawmakers have presented more than a dozen marijuana-related bills in the Texas legislature, but two are getting the most attention. They are a long way from being voted on and will face opposition from conservatives in the legislature. However, advocates for marijuana law reform hope the bills will at least continue the conversation towards eventual changes.
It appears that America is caught in a new epidemic as the Centers for Disease Control and Prevention reports that on an average 78 Americans perish each day from a heroin or opioid-related overdose.
If you are still not convinced, you may want to tune into A&E’s Emmy® award-winning and critically-acclaimed documentary series, Intervention. Although the series does not discriminate against any one type of disorder, currently there has been an increase in showcasing those addicted to heroin.
The one thing that does remain constant is the participant’s decision to drive while under the influence (DUI). With alcohol addiction, law enforcement relies on the breathalyzer as well as known field sobriety tests but with the growing heroin and opiate epidemic what tests are law enforcement now utilizing?
A Chattanooga, Tennessee man has been arrested and charged with multiple counts of reckless endangerment and reckless driving resulting in the deaths of five elementary school children. Additionally, two dozen children were transported to local hospitals to assess injuries.
First responders worked for hours to free the children from the twisted wreckage while parents anxiously looked on.
The probable cause, speeding. It has been reported that the bus was excessively accelerating, lost control around a bend and nearly ripped in two as it hit a tree.
The Law Offices of Sam H. Lock, with offices in San Antonio and Seguin, Texas, provides criminal defense representation for people charged with state and federal crimes throughout Texas and the United States, including San Antonio, Austin, El Paso, Midland, Pecos, Waco, Hondo, New Braunfels, Laredo, Kerrville, San Marcos, Boerne, and Del Rio, Bexar County, Guadalupe County, Comal County, Wilson County, Gonzales County, Kendall County, Bandera County, Caldwell County, Hays County, Travis County, Medina County, Blanco County, Burnet County, Atascosa County, Live Oak County, Nueces County, Uvalde County.