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04 September
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Texas DWI Superfine

Posted by Mimi Coffey
in Helpful Legal Information

As of September 2019, the "surcharge" program by Texas DPS no longer exists. While that may sound good, it has been replaced by a Texas DWI "superfine". Put another way, the "surcharge" for DWI convictions still exists, while the "points" system for things like tickets is history. Let's take a quick look at what is new, and what is not (at least in terms of DWI). Surcharge v. Superfine Old System - Surcharge The surcharge system issued a fine based on either "points" or convictions. Regardless, putting "points" on a person's license only happens after a conviction. The old system said that a...

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28 August
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Understanding Blood Draw Requirements in DWIs

Posted by Mimi Coffey
in Helpful Legal Information

Nobody wants to have their personal space invaded or their bodily integrity compromised. But police officers often order DWI blood tests from people during Driving While Intoxicated (DWI) investigations to determine that person's Blood Alcohol Concentration (BAC). BAC refers to the percent of alcohol in a person's bloodstream and is a factor when determining whether to file a DWI charge. Understanding blood draws in DWI cases can be confusing because the legal process of taking a blood sample is a complicated area of the law. As with other DWI laws, there are legal requirements that must be met for a...

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26 August
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DWI Accidents Involving Injury

Posted by Mimi Coffey
in Helpful Legal Information

*WARNING* THE PUNISHMENT FOR NOT STOPPING AT DWI ACCIDENTS INVOLVING INJURY IS A UNIQUE TYPE OF PUNISHMENT! Stress can cause a person to act differently. Hopefully, most people would agree that a car accident can be a very stressful event. Further, most people would hopefully agree that we should check for any injuries after an accident. And, hopefully most of us would agree that no one would intentionally want to be in an accident or injure another person in an accident. it is also possible that a person may seem intoxicated, but other factors such as a medical event, could appear...

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

Posted by Mimi Coffey
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 Mimi Coffey
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 Mimi Coffey
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 Mimi Coffey
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 Mimi Coffey
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 Mimi Coffey
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 Mimi Coffey
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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