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25 August
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Texas DWI ALR License Suspension, Revocation, and Disqualification

Posted by hoang nguyen
in Helpful Legal Information

There are a variety of drivers license suspensions that can impact a person's ability to apply for or renew their license. These include suspensions for actions that did not even occur in Texas! That's right, a suspension in another state can (but won't always) impact a person's ability to drive in Texas. Typically, for Texas DWI arrests, this comes in the form of an ALR suspension. But, DPS can also suspend a person's license for not completing a DWI education course while on probation, for example. For some of these suspensions, a person may need to petition for an ODL in...

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20 August
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Pretrial Torture: “I Feel Like I’m Already on Probation!”

Posted by hoang nguyen
in Helpful Legal Information

*WARNING* BOND VIOLATIONS CAN HURT A CASE. WE DO THE BEST WE CAN TO ADDRESS ANY VIOLATIONS. According to the United States and Texas Constitutions, the law presumes a person innocent until proven guilty. That presumption applies at every stage of a case, even at the arrest stage! In many cases, the worst part of a Texas DWI charge is the "pretrial torture" of oppressive bond conditions. Bond conditions in Texas criminal cases can include license suspensions, interlock ignition device requirements, ankle monitors, and other conditions. Some counties (especially Johnson and Parker County) will put people through hell before their case...

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11 August
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Texas ALR: Administrative License Suspension Injustice

Posted by hoang nguyen
in Helpful Legal Information

Here is some Texas ALR Administrative License Suspension Injustice: DPS can suspend a license for refusing to give breath or blood There is a grave injustice in punishing someone for exercising the right to refuse. This is what Texas calls its "implied consent" law for Texas ALR license suspensions. Under this law, Texas says a person is deemed to have consented to "the taking of one or more specimens of [their] breath or blood" after an arrest for DWI, DUI, or BWI. In other words, a refusal means absolutely nothing other than the length of suspension DPS issues. The statute does have...

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07 August
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Texas DWI & DUI: What’s The Difference?

Posted by hoang nguyen
in Helpful Legal Information

Many people tend to use the terms DUI and DWI interchangeably. However, in Texas, the two can be quite different in practice. Texas DUI vs. Texas DWI DUI is the term usually used when the arrest involves a minor (someone below 21 years old). Meanwhile, DWI is the term used for the more severe charge. Here's the kicker, though: The police can still charge a minor with a full-on Texas DWI. The Texas Alcoholic Beverage Code contains the statutes regarding DUI by a minor. Section 106.041 of that Code states: (a) a minor commits an offense if the minor operates a motor vehicle in...

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29 July
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Know Your Rights: “What About My Miranda Rights?”

Posted by hoang nguyen
in Helpful Legal Information

The police did not read my rights at the scene! Can they dismiss the case?! The answer is a confusing "yes and no". The Miranda warnings are somewhat popular due to inclusion in many television police dramas. What many may not know is that there is no specific language for the warnings. However, the warnings must, using whatever language convey 4 basic warnings: The right to remain silent; That anything the person says may be used against them; (Note that it "may", not "will" be. The rules of evidence prevent some statements from admission.) The right to an attorney before and...

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27 July
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Texas DWI Deportation Warning

Posted by hoang nguyen
in Helpful Legal Information

No more "three strikes" law for deportation Almost everyone knows one of the basic rules of baseball is "Three strikes, you're out"! For the longest time, Texas DWI deportation (and some other areas of the law) operated on the same premise. A person is not subject to deportation until their third "strike" (meaning their first felony DWI). Unknown to most of us, this has started changing in the shadows. Immigration has now started to deport people for a second DWI conviction instead of waiting for a third. There does not seem to be any clear rhyme or reason to this change....

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21 July
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Texas Firearm License to Carry WARNING

Posted by hoang nguyen
in Helpful Legal Information

THIS IS AN IMPORTANT WARNING for those who currently have a license to carry a handgun!! Many Texans need a license to carry so they can have some form of personal protection. This is especially true for those who need to travel extensively for work and want to prepare for unexpected situations. However, the law allows Texas DPS to take away (revoke) or suspend a license to carry in certain circumstances. Many LTC holders understand that a criminal conviction is one of those situations and will reluctantly agree to the suspension. There is one major problem. Texas DPS can suspend your License...

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24 June
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DWI Truths That Will Blow Your Mind

Posted by hoang nguyen
in Helpful Legal Information

Texas DPS DWI Truths An important DWI Truth: despite what many may think, the Texas Department of Public Safety is not directly related to the criminal case for a DWI. Texas DPS only handles the drivers license suspensions, including commercial drivers license suspensions. The main problem is that Texas DPS has specific rules regarding suspensions for both regular and commercial licenses. Mimi knows how crazy the Texas DPS rules are. Mimi has been fighting against these crazy rules throughout her 25 years as a DWI Defense lawyer. Some of the crazier rules are: Texas DPS can suspend your CDL for either a...

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12 June
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Texas Family Violence Charges: Enhancement for Family Violence

Posted by hoang nguyen
in Helpful Legal Information

Some people get their family violence charge reduced to a class C assault ticket. While the reduction probably felt good at the time, WATCH OUT! Even if the court orders deferred adjudication for the ticket, THEY CAN STILL USE IT TO ENHANCE A FUTURE CHARGE. Similar to the Fake DWI Deferred Adjudication, even placement on deferred adjudication for an assault counts as a “conviction” under the law.  That is why it important to know all your options before deciding what you want to do with your case.  While a plea may seem like a quicker and easier route, trial may be your...

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11 June
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Texas Expunctions & “Criminal Episodes”

Posted by hoang nguyen
in Helpful Legal Information

Expunction Getting an expunction in Texas is a way for people to legally eliminate information about their criminal records, including arrests. Obtaining an Expunction can be difficult. They become much more complex if you face multiple charges. To obtain an expunction, there are certain requirements that you must meet. However, you may be ineligible on a charge depending on the circumstances surrounding your arrest. If you are looking for an "expunction lawyer near me", contact our office. We will discuss your eligibility for an expunction. Texas Code of Criminal Procedure § 55.01 deals with expunctions. Specifically, subsection (c) states, in essence, that...

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