The Wright Firm's Weblog

Texas “No Refusal” Weekend

The standard rule in Texas, when it comes to drinking and driving, is that anyone driving with a blood alcohol level of .08 or higher is considered legally impaired and will be issued a DWI. Typically, when a driver is pulled over and the police suspect the driver has been drinking, the driver will be asked to perform several tasks, known collectively as a field sobriety test. In addition, the driver will be asked to take a breathalyzer. Generally, the driver will be allowed to refuse the breathalyzer but will be penalized for the refusal with a 180-day automatic suspension of driving privileges.

But, this weekend the State of Texas has implemented a “no refusal” weekend for the Fourth of July holiday. While several cities across the United States have implemented “no refusal” weekends in the past, Texas is the first state to issue a state-wide policy. Police officers attribute the “no refusal” mandate based on evidence that the Fourth of July weekend is the number one holiday for alcohol-related fatal crashes. Last year’s Fourth of July weekend produced a total of 337,000 car crashes in Texas alone.

The “no refusal” weekend begins at 6 p.m. on Friday, July 1, and ends at 6 a.m. on Tuesday, July 5. Under this policy, anyone suspected of driving a car or boat while intoxicated and who refuses to take a breathalyzer will have a search warrant issued to them and their blood drawn. So a word to the wise – enjoy your holiday weekend but be smart, safe and don’t drink and drive.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

 

What Every Mavs Parade Goer Should Know!

The City of Dallas will host a championship parade in downtown Dallas on June 16, 2011 in honor of the Dallas Mavericks NBA Championship. Most of us remember the disaster of the 1993 victory parade honoring the Dallas Cowboys after they won the Super Bowl. Violence erupted on every street corner. However, there will be a significant difference between the 1993 parade and the 2011 parade in that the security will be enhanced. Dallas Police Chief David Brown says uniformed and undercover officers will be out in large numbers, including police from nearby cities, and sheriffs from Dallas. Chief Brown warns if people head downtown seeking trouble, they will be dealt with and removed. 

If you happen to have a legal mishap(s) at the parade please seek the advice of an experienced attorney to help you through your legal woes. For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

 

Mavs Parade: Be Careful of Public Intoxication!

Public Intoxication charges can happen to the best of us, just ask Deshawn Stevenson. Who is actually considered innocent until proven otherwise!  Simply put public intoxication in Texas means you are in a public place while intoxicated to the degree you may endanger yourself or someone else. Public Intoxication is punishable by a fine of up to $500 and usually requires 4-12 hours in jail at the time of the incident. While public intoxication is a Class C Misdemeanor it will have a significant impact on your record. A conviction could affect the way that police deal with you in the future. Every time you are pulled over police officers will see that you have a public intoxication conviction. A police officer will surely inspect you far more closely every time you are pulled over specifically to determine whether he/she thinks that you are driving while intoxicated. If you find yourself in this situation it is important that you hire an experienced attorney.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

 

 

KNOCK, LISTEN, THEN BREAK THE DOOR DOWN!

In an 8-1 vote the United States Supreme Court reversed a Kentucky ruling that excluded evidence gather after police officers entered Mr. Hollis King’s apartment without a search warrant. Police officers claimed they smelled marijuana coming from the apartment and “feared” that Mr. King was trying to get rid of incriminating evidence. Officers knocked on the door and thought they heard noises that indicated that whoever was inside was trying to get rid of incriminating evidence. The Supreme Court explained that Mr. King’s constitutional rights were not violated because the police acted reasonably and those that attempt to destroy evidence have only themselves to blame. In her dissenting opinion Justice Ginsburg said her colleagues were giving police an easy way to routinely avoid getting warrants in drug cases. She states: “police may now knock, listen then break the door down, never mind that they had ample time to obtain a warrant.”

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

 

Texas Social Host Liability: Don't Serve Alcohol to Minors!

Social Host Liability is the legal term for the criminal and civil responsibility of a person who furnishes alcohol to a guest. In most cases, social hosts in Texas are not responsible for guests who drink too much at their home. However, there are exceptions, a big one being when a host serves alcohol to minors.  If a homeowner provides alcohol to minors or allows minors to consume alcohol at their residence, they are liable for any injuries caused by the intoxicated minor. That is exactly what happened in Georgetown, Texas to Donna Crites. Mrs. Crites was sentenced to three years of probation and one week in jail for providing alcohol to her underage son and his friends to make about 200 gelatin shots. Five of teenagers who had been drinking at the Crites’ residence were seriously injured in a car accident. The driver told investigators that he consumed as many as 40 of the shots. Mrs. Crites plead guilty to five counts of purchasing or furnishing alcohol to minors over the incident.

For more information and/or a free initial consultation about social host responsibility and under-aged drunk driving contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.  Meet with one of our criminal defense attorneys in Dallas, Denton, Lewisville, Frisco, Plano, or Ft. Worth, Texas.

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.

 

 

“Sext” Ed

A new bill has passed the Texas Senate by a hefty 29-1 margin that would reduce the classification of a “sexting” offense from a felony to a Class C Misdemeanor.  This reduction would only apply to first-time offenders who are younger than age 18. 

The bill further gives a judge the discretion to order both the minor and the minor’s parents to participate in a sexting education course.  The Texas School Safety Center will be responsible for creating the curriculum for the course.  Parents, in case you didn’t have enough good reasons to monitor your teens’ texting habits, now you have one more.  Both you and your teen can get detention, so to speak.

While neither the teens nor parents in questions may be happy about being fined and forced to take the class, the punishments under existing laws are much harsher.  In fact as the law stands now, any person who sends a sexually explicit image of a minor can be charged with felony trafficking in child pornography.  That would look a bit worse on someone’s permanent record.

If you or your children are having problems with the law, The Wright Firm’s criminal defense attorneys are here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original Dallas Morning News article can be found here: http://trailblazersblog.dallasnews.com/archives/2011/04/senate-approves-measures-to-al.html

 

 

 

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.

 

 

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.

 

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!

 

Cookie Monster!

A Florida woman was recently charged with aggravated assault with a deadly weapon for chasing her roommate with scissors and then hitting said roommate with a board and a sign.  And what started the fight?  Girl Scout Cookies. 

Hersha Howard was none too pleased Sunday morning to find her Thin Mints eaten.  She allegedly woke her roommate up and accused her of the cookie theft, and a fight ensued. I can’t say as I have much sympathy for Ms. Howard.  I’m more of a “Tagalong” lover personally.

If your roommate annoys you (by eating your cookies or otherwise), try to avoid violence if possible.  For those of you who have already gotten punchy, Texas law says that intentionally, knowingly, or recklessly causing bodily injury to another person constitutes an assault.  The assault turns into aggravated assault if you use a deadly weapon (yes, scissors can kill).  Texas recognizes assault as a crime (meaning you could be punished by fines or possibly jail time) and also as a tort (meaning the person you injured could sue you for money damages).  Either version has the same elements that the State or the Plaintiff would have to prove.

 Of course, this is an over-simplified explanation and no substitute for an attorney’s advice.  Call The Wright Firm today at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com to find out how we can help you!  Original new story can be found here: http://www.newsobserver.com/2011/02/22/1007319/fla-sheriff-fight-over-cookies.html?story_link=email_msg

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

Sugar High!

Valentine’s Day is on the horizon.  A day of love, romance and best of all, extreme quantities of candy!  All those chocolates and candy hearts can give you quite a buzz, but what it can’t give you is a defense. The public heard about the supposed “Twinkie defense” during the murder trial of Dan White, a San Francisco man accused of murdering two city officials.  The general idea was that a person who committed a crime while hopped up on excessive amounts of sugary food (like Twinkies) could plead that the sugar rush diminished their ability to know right from wrong.

The problem with the defense is that, much like a Twinkie itself, there really isn’t anything to it but fluff.  Texas law does leave room for insanity as a defense to charges of criminal conduct, but it’s a pretty high bar.  Your defense attorney would have to show that you had a severe mental disease or defect which made you not know that your conduct was wrong.

Even in the trial that made it famous, the “twinkie defense” was not actually used by defense counsel.  There was evidence introduced that the defendant suffered from depression, and that eating high sugar foods was a symptom of his mental condition, not the cause of it.  But, since “twinkie defense” sounded much catchier than “diminished mental capacity,” the cutesier phrase was picked up by the press and public.

Bottom line:  No matter how many conversation hearts you gobble up on February 14^th, if you commit a Valentine’s crime of passion – don’t bother telling the Judge, “The sugar made me do it!”

If you need help defending yourself, give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com!