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Month: April 2019

THE WALK AND TURN

FIELD SOBRIETY TEST: THE WALK AND TURN The second test is the Walk and Turn test. This is where you’re instructed to stand with your arms to your side with your left foot on an ‘imaginary’ line with your right foot directly in front, heel to toe while the officer gives you the instructions about […]

ONE LEG STAND

FIELD SOBRIETY TEST: ONE-LEG STAND The one-leg stand is one of the numerous field sobriety tests that police officers will force taxpayers to take if they suspect them of driving under the influence of drugs or alcohol. While the test has no scientific merit whatsoever, it can be used against you in court. You need […]

HORIZONTAL GAZE NYSTAGMUS

The Horizontal Gaze Nystagmus test is usually the first in a series of three field sobriety tests, the others being the Walk-and-Turn and the One-Leg-Stand. It is said that everyone has nystagmus, which is the unknown involuntary jerking of the eye. There are around 84 causes of nystagmus, caused by disabilities, illness, outside causes and other factors. We have […]

SR 22 INSURANCE

SR-22 INSURANCE REQUIREMENT FOR A SUSPENDED LICENSE Whenever your driver’s license is suspended the Texas Department of Public Safety requires an additional insurance policy, called an SR-22 insurance. Your own automobile insurance is not sufficient. In fact, if you purchase it from an agent who doesn’t fully understand SR-22s, the purchase could void your current policy according […]

COMMERCIAL DRIVER LICENSE SUSPENSION

CDL SUSPENSION Pursuant to Texas Transportation Code your commercial driving privilege will be disqualified for one year (three years if transporting hazardous material required to be placarded) if you refuse to submit to a test to determine your alcohol concentration or the presence in your body of a controlled substance or drug while operating a […]

LICENSE SUSPENSION PERIODS

GENERAL LICENSE SUSPENSION PERIODS ADULTS: Refusal of breath or blood test: 180 days for first offense. 2 years if previously suspended for last 10 years. Failure of breath or blood test: 90 days for first offense. 1 year if previously suspended for last 10 years. MINORS (Under 21 Years): Refusal of breath or blood test: 180 days for first […]

INTOXICATION ASSAULT

DWI LAWYER EXPLAINS INTOXICATION ASSAULT An Automatic Felony…Even the First DWI Texas law provides in Penal Code section 49.07 that: A person commits an offense if the person, by accident or mistake, while operating a motor vehicle, by reason of intoxication causes serious bodily injury to another. “Serious Bodily Injury” means injury that creates a substantial […]

INTOXICATION MANSLAUGHTER

DWI ATTORNEY EXPLAINS INTOXICATION MANSLAUGHTER This is by far the most tragic DWI classification. However, just as with Intoxication Assault, in defense of the criminally charged, even sober people unfortunately endure accidents which result in the death of one of the participants. This unfortunate event should not be a controlling issue in the DWI allegation. Texas […]

FLYING WHILE INTOXICATED

FLYING WHILE INTOXICATED DEFENSE LAWYER With the increase in population, more laws controlling our actions appear on the books. While a Flying While Intoxicated offense may seem ridiculous, laws have been enacted by the Texas Legislature to enforce safety on our airways. This case type is handled almost exactly the same as in an automobile. […]

PENALTY ENHANCEMENTS

INCREASED DWI PENALTIES If a person has been previously convicted of a DWI, the next unfortunate DWI is almost always advanced to the next penalty range. The first DWI is a Class B Misdemeanor. The next, a Class A Misdemeanor. The next is a third degree felony. The next is a second degree felony. Certain ‘criminal’ history allows for […]