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Helpful Legal Information

Heavy Winds and DWI

[caption id="attachment_7336" align="alignleft" width="252"] Be Careful! Heavy winds and DWI or BWI are often related.[/caption] Heavy winds and DWI sometimes go together because heavy winds can have a large effect on a person's ability to drive. A common reason for a DWI stop is "swerving," but there are many potential reasons for that aside from intoxication. Heavy wind is one of those potential reasons. This can often be more true for Commercial Truck Drivers. With Texas weather, there can sometimes be no telling when a storm will hit. But, almost anyone who has decided to drive during a storm will say that...

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5 Scary Facts About a DWI in Texas

[vc_row triangle_shape="no"][vc_column][vc_single_image image="7282" img_size="medium" alignment="center"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] 1. What? Why are police arresting me for a DWI in Texas even though I only take my prescription? The State often prosecutes cases when medications in a person's blood are in therapeutic range. Why? A state toxicologist, without any reference to a person's medication history (tolerance) will rely on the police report! This is not science. Mimi has won DWI in Texas cases on this. 2. What? Why are police arresting me for DWI responsibly sitting in my car calling an Uber? Asleep at the Wheel. The police will arrest a person in a parking lot (trying...

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Will You Parole Early? See TDCJ’s Consideration Chart

Convictions involving assaults, specifically family violence, carry a heavier price than many other convictions. Among the most important price is eligibility for parole early. The Texas Department of Criminal Justice has a "severity" chart that emphasizes offenses involving assault, even those you may not first think would count. For example, TDCJ considers Online Solicitation of a Minor an "assault" offense even though that offense does not involve physical contact. While not all of these offenses themselves are "3g" offenses for the purpose of parole eligibility, they are the offenses that very often contain a "deadly weapon" finding, which also impacts...

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Texas DWI License Suspensions for Minors

In many ways, Texas DWI is the same for both adults and minors. In other ways, a Texas DWI license suspensions for minors can be more favorable. DWI vs. DUI: What is the Difference? One thing to keep in mind, though, is that a DUI and a DWI are not the same. A DUI occurs when a minor has any detectable amount of alcohol in their system while driving, but might not be fully intoxicated. A DUI is a Class C Misdemeanor (same level as a traffic ticket). As an illustration, a DUI might occur when a parent lets a minor have...

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DWI Lawyer Straight Talk

DWI Lawyer Straight Talk The following questions are normal questions that most everyone thinks about when it comes to hiring a DWI lawyer or a criminal defense lawyer. Granted, not everyone is intoxicated but for those who are, this is a very embarrassing experience. Even when it comes to other types of offenses, it is natural to feel shame. I hope the following will help you. I am afraid that my DWI Lawyer will think that I am an idiot/stupid/wild/crazy… when the offense happened, and I don’t want to have to go over the evidence with her. Please know that what...

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DWI Eye Test: Unrelated to Driving Ability

The DWI Eye Test is very misleading. The reliance of the DWI Eye Test is now past a "common misconception" and has now become a major lie. Many officers and prosecutors claim that HGN is the "best DWI test" for finding out if a person is DWI. They claim that anyone who has HGN is unsafe to drive and try to put the test on a pedestal. However, the DWI Eye Test has absolutely nothing to do with a person's ability to drive safely. Even in the many (flawed) verification studies, the primary purpose of the eye test is to...

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Unlicensed Carry and LTCs

By now the phrase "Constitutional Carry" likely sounds familiar. The general idea is that individuals can now carry a handgun without a license. But, what exactly is going on between Unlicensed Carry and LTCs? When most people heard about Unlicensed Carry, they probably thought that the whole LTC system was scrapped. That is far from the truth. While the new law amended the LTC system slightly, LTCs still very much exist. Though a license is no longer necessary to carry, there are still benefits to obtaining a license. Put simply, the new law did not repeal the LTC program. Some Confusing Points...

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Fake Deferred on Licenses to Carry

Be wary about the effect of the Fake Deferred on Licenses to Carry. Do not let deferred adjudication fool you. While there are many benefits to deferred adjudication, such as somewhat easier requirements for a nondisclosure, there are also many nonsensical rules. As mention in another blog, sometimes deferred adjudication counts as a conviction for enhancement purposes. This occurs frequently for Deferred Adjudication DWI and Deferred Adjudication Family Violence. But, you may not know that deferred adjudication also affects your License to Carry. Despite the new 'Constitutional Carry' law, Licenses to Carry are still very relevant. In other words, the 'Constitutional...

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Parole: Who is Eligible?

Most of us who watch television or movies are likely familiar with the phrase "life without the possibility of parole". We might also be familiar with the "death sentence". But what exactly is parole? The easiest illustration, though not fully accurate, is that it is a type of probation. Upon a jail sentence, the court sentences a convict to spend X amount of time in jail. For example, giving a 5 year jail sentence on a felony DWI. The way parole works is that, after a certain amount of time, the convict might be given parole. On parole, the convict is...

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Early Release from Probation

Did you know that it is possible for the court to give you Early Release from Probation in most cases? As long as you keep up with all of the conditions, the law does allow probation to end early. There are two main opportunities for the judge to review your record for early release: Discretionary and "Mandatory". Discretionary Review for Early Release from Probation Texas Code of Criminal Procedure 42A.701(a) states: At any time after completing the lesser of one-third (1/3) or two years of probation, the judge MAY reduce or terminate probation. The word "may" in a statute like this means...

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