Recent Blog Posts

Information on Texas No-Refusal Weekends

 Posted on October 29,2016 in DWI / DUI

texas no refusal, texas dwi attorneyOccurring several weekends throughout the year, Texas police officers make a valiant effort to lessen the numbers of fatalities and other accidents resulting from DUI and DWI. The most well-known efforts around the state are "No-Refusal Weekends." These events are named aptly in that refusal for testing becomes more difficult, however, it may be very misleading to unassuming drivers unfamiliar with their rights during these situations. As a United States citizen, you have certain constitutional rights on which even Texas officers cannot infringe.

How No-Refusal Weekends Work

No-Refusal Weekends occur around major holidays or sporting events, such as Thanksgiving Day, New Years, and the Super Bowl. With plenty of audio and visual advertisement alerting drivers the weekend is near, the intent is to crack down on the amount of drivers operating vehicles while intoxicated. However, the name is confusing to many who incorrectly assume you have to succumb to any requested testing.

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Denied Access to Travel Because of a DWI

 Posted on October 12,2016 in DWI / DUI

dwi attorney san antonioWhen you are charged and convicted of a DWI or DUI, there are certain limitations imposed by the state. One obvious alteration is the loss of unlimited driving privileges, in some cases. Did you also know that a DUI on your record can prevent you from traveling to other countries? For some, a travel ban puts a damper on their holiday travel dreams. For others, this can be a massive disruption to their work productivity.

Access Denied

Throughout the United States, if you have been convicted of a DUI and have taken care of it legally, you typically can travel across borders to other states. Although the United States is becoming increasingly progressive through its laws, not all countries feel the same way. Therefore, even if the law locally is a misdemeanor or you can retain certain privileges due to your circumstances, constituents can deny access. In some of these countries, if you have had one DUI for either alcohol or drugs, you are unable to enter the country for ten years. Frequently traveled countries follow these current guidelines:

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How a Texas DWI Can Result in Additional Child Endangerment Charges

 Posted on September 30,2016 in DWI / DUI

dwi and child endangerment, San Antonio criminal attorneyThe Texas Department of Transportation (TxDot) reports that every 20 minutes someone is either injured or killed in a motor vehicle accident involving driving while intoxicated (DWI). As impairment begins with the first drink and depends heavily on gender, body weight, number of drinks consumed and the amount of food ingested, some people may become legally intoxicated quite quickly.

Under Texas law, someone is legally intoxicated if a person reaches a blood or breath alcohol concentration (BAC) of .08. The state also reserves the right to prosecute for DWI for anyone who is visually impaired while driving under the influence of alcohol or illegal substances.

The state imposes fines, loss of driver's license, and jail time based on the number of offenses a driver has acquired. But, facing a DWI with a minor child as a passenger can be an even more sobering experience. Those arrested for DWI with a minor passenger can be facing the following:

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MADD Shares Its Vision By Enlisting the Support of the 2016 NFL Rookie Class

 Posted on September 15,2016 in DWI / DUI

MADD and NFL partnership, San Antonio DWI lawyerMothers Against Drunk Driving®, or better known as MADD, is currently the largest nonprofit in the United States dedicated to protecting families from the dangers of those choosing to drive while under the influence (DUI or DWI) of alcohol or an illegal substance. Founded by Candy Lightner on May 3, 1980, following the tragic death of her daughter at the hands of a drunk driver, MADD has solidified its position as one of the most influential nonprofits spreading the word of the dangers of impaired driving.

Drunk Driving Statistics

MADD reports that every 53 minutes someone is killed in an alcohol or substance abuse related accident, and every two minutes someone is injured under the same circumstances. Through outreach and education, MADD has made itself a formidable presence in American culture and with the beginning of football season the organization is expanding its affiliation with the National Football League (NFL) by enlisting the 2016 crop of NFL rookie players.

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A Historical Challenge During Challenging Times: How Well Do You Know the Bill of Rights?

 Posted on August 08,2016 in Criminal Law

San Antonio criminal defense attorneyAs the summer and political heat reaches its peak, perhaps evoking a history challenge may be a cooler diversion. If asked, what are the two most popular amendments of the United States Constitutional Bill of Rights, a gambling man (or woman) may answer, the First and Second Amendments. Of course, there are a number of others that are just as important to protecting the rights of Americans, especially those who have been accused of a crime.

Basic Civil Rights

As our forefathers provided futuristic insight as to the importance of each amendment, the First Amendment protects our fundamental rights of conscience allowing for the right of expression without public or governmental interference. While not unlimited, these rights represent the bedrock of American liberty.

Next on the popularity list and perhaps one of the most controversial amendments is the right “to bullets as well as ballots”. This amendment protects individual rights to bear arms to secure the path and pursuit of life, liberty, and happiness.

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Montgomery County Texas Judge Gets Tough on Habitual DWI Offender

 Posted on July 11,2016 in DWI / DUI

San Antonio DUI defense lawyerThe Centers for Disease Control (CDC) reports that every 53 minutes, someone is involved in a fatal car accident due to the actions or reactions of a driver operating a motor vehicle while under the influence. This startling number equates to the death of 28 people per day with an annual cost of over $44 billion. As the CDC remains hopeful that the implication of effective measures and awareness campaigns may help prevent injuries and fatalities from alcohol or drug impaired driving, what can be done to curtail the habitual offender?

Montgomery County Judge Kathleen Hamilton may have just set a fundamental precedent. For a Houston man arrested for the ninth time for driving under the influence and responsible for a non-fatal accident, Judge Hamilton handed down a life sentence. This DWI conviction will probably evoke an appeal, but is it time for all states to become more legally vigilant on habitual offenders?

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Texas Ranks Among States With Highest Traffic Violation Revenue

 Posted on June 13,2016 in Traffic Violations

San Antonio traffic violation lawyerTexas, with its vast landscape measuring 268,581 square miles, has often been associated with maxim that “everything is bigger in Texas.” The Lone Star State, however, is also known for its commitment to law enforcement and has been ranked as one of the top five states for traffic violations, tickets issued, and revenue collected.

With over 13,498,071 registered drivers, it is estimated that the Texas Highway Patrol collects  $200,000 per year, per officer due to ticketing for both major and minor traffic violations. The most common type of minor and major traffic violations and ticket prices include:

Minor Traffic Violation Fines

  • Failure to observe railroad crossing signs: $50 to $200;
  • Failure to stop for a school bus: $200 to $1,000;

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Attorney General Offers Suggestions for Decreasing Risk of Identity Theft

 Posted on May 09,2016 in Criminal Law

identity theft, Texas white collar crime, San Antonio criminal defense lawyerThe average American now spends more than 490 minutes or eight hours per day on the internet. It is projected that by 2017, personal internet usage will climb upwards to 506 minutes, increasing the current usage rate. As usage expands so does the risk for identity theft.

At the onset of popularity of the internet during the early to mid 2000s, Americans, as well as those having global access to the world wide web, have been progressively utilizing the internet to conduct countless business and leisure activities, including:

  • Communicating via email;
  • Networking via Social Media;
  • Navigating general and personal interest searches;
  • Gathering national and international news reports;
  • Streaming music and videos;

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Traffic Violations: What are Your Options?

 Posted on April 25,2016 in Traffic Violations

traffic violations, San Antonio traffic ticket lawyerNearly everyone has experienced some type of traffic violation at least once in their lifetime. Something as simple as a parking ticket can prove to be a nuisance and a financial burden, but it is typically the more serious traffic violations that lead to driving record convictions and hearings—and that can mean trouble for your wallet and your driving record.

I Received a Ticket. Now What?

Whatever the reason for your traffic violation, you will need to decide how and when to take action once you have received a ticket in order to prevent further penalties imposed by the state. Your options are dependent upon the type of citation you have been issued.

If you receive a traffic ticket, you can:

Operation Dry Water Combats Boating While Intoxicated Nationwide

 Posted on March 25,2016 in Boating While Intoxicated

boating while intoxicated, San Antonio criminal defense attorneyAs the summer solstice quickly approaches, set to reach the western hemisphere on June 21 at 12:24 a.m., those in temperate regions look forward to welcoming the warmth of sun-filled longer days. For boaters, in particular, it signifies yet another enjoyable season on the open water but perhaps not without consequences. At last count, more than 88 million U.S. adults participated in recreational boating but owning or operating a recreational watercraft comes with responsibilities. When a boat operator is under the influence of drugs or alcohol, serious personal injuries, fatalities and possible criminal charges can shorten the longest of summer days. 

The U.S. Coast Guard reports that, in 2014, there were 5.2 boating fatalities per 100,000 registered recreational vessels nationwide. Many of these deaths were attributed, at least to some degree, to operators choosing to boat while under the influence of alcohol or illegal substances. To combat these alarming statistics, the partners of Operation Dry Water (ODW) work diligently to promote awareness of the dangers of boating while under the influence or BWI.

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