The Wright Firm's Weblog

Texas Graduated Driver's License: So when can I begin to drive in Texas?

In the State of Texas you are allowed to begin driving at the age of 15 years old with an instructional permit.  You must be in your car accompanied with a licensed driver who is at least 21 years of age and has at least one year of experience driving. (Texas Department of Public Safety)   Texas has also instituted a phase one and phase two of the Texas Graduated Driver’s License which was implemented by the Legislature in 2002.  These phases provide for different requirements in order for drivers between the ages of 15 and 18 years old to maintain and keep in good standing their current license as well as to finally receive a full license instead of the provisional license. The requirements begin when a child is 15 years old and reflect the number of months and types of classes that a child must have in order to reach phase 2 of the Graduated Driver’s License stage.  The Graduated License Phases are explained as follows and as stated in the Texas Driver’s Handbook, issued by the Texas Department of Public Safety, 2008 (pages1-2 and1-3).  If you have any questions or concerns regarding your license please contact the lawyers at the Wright Firm, www.thewrightlawyers.com.

 

 

GRADUATED DRIVER LICENSE: The Texas Graduated Driver License (GDL)

Program was implemented January 1, 2002.

Phase One: Applicants under age 18 must hold an instruction permit or

hardship license for a minimum of six months prior to issuance of a provisional

Class A, B, or C driver license. Under the GDL program, there is

no minimum time that a person must hold a restricted motorcycle or

moped license before they can apply for a Class M license. Phase one

does not apply to Class M or hardship license holders. The instruction

permit must remain valid during the mandatory six-month period to meet

this regulation.

Phase Two: Phase Two restricts the driving privileges of persons under

18 years of age during the six-month period following the issuance of an

original Class A, B, or C driver license (Provisional License). These persons

may not operate a motor vehicle with more than one passenger in

the vehicle under the age of 21 who is not a family member. In addition,

they may not operate a motor vehicle between midnight and 5:00 a.m.

unless the operation of the vehicle is necessary for the operator to attend

or participate in employment or a school-related activity or because of a

medical emergency. The license restriction will state, “TRC 545.424

applies until mm/dd/yy”.

Applicants 15 years of age presenting an out-of-state instruction permit

will be issued a Texas instruction permit which must be held for six

months from the date of issuance before becoming eligible for Phase

Two.

Applicants at least 16 years of age and less than 18 years old who present

a valid out-of-state instruction permit or out-of-state driver license will

be issued a Phase Two provisional GDL with passenger and time restrictions

for the first six months of operation of a motor vehicle in Texas.

 

If you have questions about Texas driving laws or any other Texas criminal law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.  

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Is Your Texas Divorce REALLY “Uncontested”?

We get a lot of calls from folks who claim that they have an uncontested divorce case, then upon further discussion we find out the case isn’t as “uncontested” as the caller thinks.  Here’s a quiz to see if YOUR divorce is really an uncontested divorce:

YES	NO	Question
		Do both you and your spouse agree that you WANT a divorce?
		Do both you and your spouse agreed on the GROUNDS of your divorce?  ( for example, “no-fault,” “adultery,” etc.)
		Do both you and your spouse KNOW what every single one of your assets and debts are?
		Do both you and your spouse AGREE who will pay each of your debts?
		Do both you and your spouse AGREE who will get what items of property, including the house?
		Do both you and your spouse AGREE on how to file your taxes for this year?
		If you have children:
		Do both you and your spouse AGREE which parent the children will live with?
		Do both you and your spouse AGREE who will make decisions regarding the children?
		Do both you and your spouse AGREE exactly what days and times each parent will have visits with the children INCLUDING HOLIDAYS?
		Do both you and your spouse agree WHO will pay child support?
		Do both you and your spouse agree on the AMOUNT of child support?
		Do both you and your spouse agree who will PAY for the children’s health insurance?
		Do both you and your spouse agree who will CARRY the children on a health insurance plan?
		Do both you and your spouse agree who will PAY medical expenses for the children that are NOT covered by health insurance?
		Do both you and your spouse AGREE who will claim the children as dependants on your income taxes?

                 If you answered “NO” to ANY of these questions, your divorce is NOT an uncontested divorce.  But that’s okay!  The vast majority of divorces are contested on at least a few issues.  Hopefully, this quiz will give you and your spouse some talking points so you can identify your issues, and maybe even start resolving them.

                If you need assistance with your divorce (contested or uncontested!) give The Wright Firm a call at (9720 353-4600 or check us out on the web at www.thewrightlawyers.com.   

This article is a public resource for general information about The Wright Firm, L.L.P. and Texas Law. Nothing in this article should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

Immigration and Adoption

Adopting Children from Foreign Countries

Do you wonder how celebrities get their foreign adopted children legal status in the U.S.? USCIS plays a key role in the intercountry adoption process. U.S. immigration law provides several different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process. Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

The Hague Process:  This process applies if the child is a resident in a country that is a party to the Hague Intercountry Adoption Convention.

1. First the person adopting must choose a Hague Accredited ASP.
2. Obtain a home study from someone authorized to complete a Hague adoption home study.
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the U.S. based on the proposed adoption.
6. Adopt the child, or obtain custody of the child in order to adopt the child in the U.S..
7. Obtain an immigrant visa for the child.
8. Bring the child to the U.S. for admission with the visa.

 

The Orphan Process:

• If you are a married U.S. citizen, your spouse must file the immigration petition with you and adopt the child too. If you are not married, you must be at least 25 years old when you file the petition.
• You must establish that the child whom you have adopted or plan to adopt is an “orphan” as defined in U.S. immigration law. Under U.S. immigration law, an orphan is a foreign-born child who: 1) does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. OR 2) Has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption.
• You must establish that either: You (and your spouse, if married) have adopted the child abroad, and that each of you saw the child in person before or during the adoption proceeding; OR You will adopt the child in the U.S. after the child arrives in the U.S.

You must file an orphan petition before the child’s 16th birthday. The adoption process alone can be very difficult, but when it involves a foreign child it becomes even more complicated. That’s why it’s important to obtain legal counsel to help you through the process. 

If you have questions on adoption or Texas family law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

 

Protection for Four-Legged Texans!

Texas’s Legislature is considering a flurry of new bills aimed at giving greater legal protections to animals.  Many feel these measures are long overdue – the Humane Society of the United States has ranked Texas 36^th in the nation for its animal protection laws.  However, opponents of the bills state that Texas does not need further regulations, and in fact, has strong penalties in place already for animal cruelty.

The various bills cover a wide range of animal rights issues, from regulations on large commercial dog and cat breeders to categorizing cockfighting as an organized criminal activity.  Under one bill, persons requesting a Protective Order for family violence could include their pets.  So, if you are concerned that your ex may try to hurt you by hurting your pet, you could get protection for Fido, too.  Fatal Attraction, anyone?

It is already becoming more and more common to include pets in family law orders.  In the past, our firm has even created something in the nature of a “visitation schedule” for divorcing pet owners.  The Wright Firm is here to help your family – even the furry and feathered family members.  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com! 

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

Too Much Fun on Greenville Avenue!

Dallas Police put out warnings to the public that there would be a crackdown on public drinking, including open container violators, at the annual Greenville Avenue St. Patrick’s Day Parade.  Turns out, they meant business:

As of 6 p.m. on Saturday, police had issued 21 open container citations and arrested 4 people for public intoxication as well as 2 more arrests for DWI!

We at the Wright Firm are not above raising a pint of green beer in honor of St. Paddy’s Day, but we do encourage everyone to drink responsibly.  If you got busted for having a bit too much fun, give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. Our Criminal Defense attorneys are ready to help!

 

Can the President Kill the Internet?

There is a bill pending before Congress that may give the U.S. President the power to effectively shut down the internet in the event of a “cyber attack”.  Coincidentally, this bill was introduced before the Legislature on the very day that the Egyptian government shut down internet access in that country.

The underlying idea of the “Cybersecurity and Internet Freedom Act of 2011” is to protect critical infrastructure from online attack.  The bill would give the President the power to Senator Joseph Lieberman, one of the bill’s proponents, stated that, “we need the capacity for the President to say, Internet Service Provider, we’ve got to disconnect the American Internet from all traffic coming in from another foreign country…”

The Department of Homeland Security, relying on the Communications Act of 1934, thinks the oval office already has the power to shut the ‘net down.  If there is a threat of war, that law gives the President the power to “cause the closing of any facility or station for wire communication” without advanced warning.  Is an ISP a “station for wire communication”?  Arguably it is.

Detractors of the current bill are calling it an “internet kill switch”.  Many argue that it would create a huge intrusion on privacy and personal autonomy – citing the premise that private industries are better suited for policing themselves from cyber attack.

What do you think?  Should the President be able to “kill” the internet in times of crisis?  Original article here:  http://techcrunch.com/2011/03/06/in-search-of-the-internet-kill-switch/?ncid=webmail

For information about Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.

 

This Site is a public resource for general information about The Wright Firm, L.L.P., Texas Law, and Federal Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Permission to Speak Freely

The United State Supreme Court ruled recently in the highly controversial case of Snyder v. Phelps; the case challenging the actions of Westboro Baptist Church protesters who picket at military funerals.  The Court held that the protesters’ speech was protected by the First Amendment, and that therefore Rev. Phelps and the rest of those who protested at Matthew Snyder’s funeral could not be held civilly liable for intentional infliction of emotional distress. 

Eight Justices agreed in the decision, with only Justice Samuel Alito dissenting.  Chief Justice John Roberts wrote the majority opinion, concluding that:

“Speech is powerful. It can stir people to action, move them to tears of both joy and sorrow, and—as it did here—inflict great pain. On the facts before us, we cannot react to that pain by punishing the speaker. As a Nation we have chosen a different course—to protect even hurtful speech on public issues to ensure that we do not stifle public debate. That choice requires that we shield Westboro from tort liability for its picketing in this case.”

However, Justice Alito disagreed stating that:

“Our profound national commitment to free and open debate is not a license for the vicious verbal assault that occurred in this case.”

The full text of the Court’s opinion (including Justice Alito’s dissent) can be found here: http://www.supremecourt.gov/opinions/10pdf/09-751.pdf

Original MSNBC article can be found here: http://www.msnbc.msn.com/id/41868004/ns/politics-more_politics/

For questions regarding Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

IS BORDERS’ BANKRUPTCY THE BEGINNING OF THE END FOR BOOKSTORES?

I generally limit my topics to consumer bankruptcy matters, but as a bankruptcy attorney who is also a booklover, I had to comment on this bankruptcy filing.  Borders bookstore has filed bankruptcy.  Is anyone really surprised?  The so-called experts have predicted the end of brick-and-mortar bookstores for years.  The first sign of the end of the modern bookstore may have been the creation of Amazon.com which allows consumers to buy books from the comfort of their couch at a discounted price.  Then came e-readers like the Kindle and the I Pad.  We readers no longer have the burden of turning a page, or carrying something as heavy as a hardcover book.  Barnes and Noble surely saw the writing on the wall when they introduced the Nook, their version of an e-reader.

 

You may have also heard that some schools are replacing textbooks with net books, laptops and tablets.  Should we be outraged or sad at this change?  For a moment, let us reminisce about the good ole days when books were paper.  Do you remember the smell of your books?  The feel of the pages between your fingers?  I think about these things sometimes when I sync my Kindle to my Blackberry to update my bookmarks.

 

About the Author:

Nathan Graham is an associate with the firm. He received his Bachelor of Arts in Interdisciplinary Studies from the University of Texas at Dallas. Nathan continued his education at Texas Wesleyan School of Law in Fort Worth, Texas where he received a law degree and was an active member of the Moot Court Honor Society.

Prior to joining the firm Nathan was an associate at a Fort Worth law firm specializing in representing debtors in consumer bankruptcy cases. While in that position he represented thousands of clients in Chapter 13 and Chapter 7 bankruptcy cases.

Nathan is admitted to practice law in the Northern and Eastern Districts of Texas,