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Texas traffic violations lawyerAll traffic violations in the state of Texas have the possibility of causing major headaches for drivers, and your trouble can literally double for speeding and other violations in a construction zone. To protect construction workers and prevent costly and dangerous accidents, traffic fines double in construction zones and other maintenance areas. Here is some basic information on construction zone traffic laws.

Rules to Follow Construction Zones in Texas

Given the challenges of driving through a construction zone, including narrow lanes, changing traffic patterns, heavy equipment, and the presence of construction workers, speed limits for all vehicles are reduced. The temporary speed limit signs for construction zones should be followed throughout the zone, even when workers, equipment, or construction markings like barrels are not present. It is only safe to resume the normal speed limit once signs clearly show you are allowed to do so.

Under Texas’s Move Over/Slow Down law drivers are required to move over one lane and slow their vehicle’s speed by 20 miles per hour below the posted legal speed limit for any police, fire, and emergency vehicles. The law now also includes utility service vehicles, TxDOT vehicles, and any other construction or maintenance vehicles with flashing lights, which are commonly found in construction zones. This includes vehicles in the roadway or on the shoulder. To follow the Move Over/Slow Down law in construction zones, you must further reduce your speed and move over if there is an additional lane.

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San Antonio DUI defense lawyer Driving while intoxicated by alcohol is a criminal offense in all fifty states, but states vary in terms of criminal penalties. In Texas, a first-time DWI offense is punishable by a maximum fine of $2,000, loss of driving privileges, and jail time. Texas is unique in that, unlike many other states, there is a minimum jail sentence for DWI even if the offender has never been arrested for drunk driving in the past. Penalties for second and third drunk driving convictions are punished more severely and penalties may include months or years in prison.  

If you were charged with drunk driving in Texas, contact a criminal defense lawyer for help. Your attorney can evaluate your situation and determine which defense strategies are most likely to yield favorable results in your case.  

Possible Defenses to Drunk Driving Charges in Texas

Each case is different and there is no foolproof way to defend against DWI charges. Some of the possible defense strategies a DWI defense attorney may have at their disposal include:

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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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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