The Wright Firm's Weblog

Five Things That Can Go Wrong At The Super Bowl!

1. You think that carrying drugs will not get you in trouble until the bomb sniffing dog singles you out. Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug. If you find yourself in this type of situation call an experienced criminal attorney for advice.
2. Injury at a strip club. Much talk has been made regarding the stripper shortage the DFW is facing on Super Bowl weekend. Dallas-area strip clubs, expecting an increase in patrons, are scrambling for exotic dancers to meet the expected demand. The wide media coverage this issue has received has the potential to lead to problems. For example it can lead to couples getting a divorce because the wife signed up to be a stripper or the husband was one of the many expected patrons. Additionally, with so many individuals at strip clubs or bars injury is likely to occur, whether it be drinking and driving, slipping on a wet floor or getting an eye injury. We have all heard of the Florida man who won $650,000 in a settlement for injuries he suffered during a lap dance.  Fergie has a wardrobe malfunction during the half time show. We all remember Janet Jackson’s 2004 Super Bowl half-time show incident. This incident resulted in a record $550,000 fine imposed by the FCC against CBS. This year The Black Eyed Peas will be performing during the half time show. While it is very unlikely that there will be another “accidental wardrobe malfunction” during the half time show, individuals may have their own “wardrobe malfunction” in a public place.  If you have your own public wardrobe malfunction and get charged with indecent exposure or public lewdness call an experienced attorney for advice.Post-game celebration turns into a riot. Fans can either let their happiness or disappointment be known to the world via criminal property damage. Super Bowl rioters have overturned cars, uprooted street signs, and started fires among other things. Regardless of who wins the big game if you are charged with participating in a riot or similar activities call an experienced attorney for advice. Fox Network is blacked out during the game. Imagine you are hosting a Super Bowl Party and just as the game is scheduled to start you realize the channel is not working. You end up missing most of the game and your party is ruined. Can the cable or satellite provider be held liable? This past October a class action was filed against New York based Cablevision. The suit was primarily a response to the blacked out World Series games to Cablevision subscribers. If you face a situation such as this one call an experienced attorney for advice.

 

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

Reading this post does not create an attorney-client relationship.  Laws very by state and you should always consult with an attorney regarding the specific facts of your case.  This article is meant to provide general information and to entertain and should not be construed as legal advice. 

 

Public Intoxication: At the Super Bowl?

Super Bowl XLV: Green Bay Packers versus the Pittsburg Steelers. Are you ready for the big game? I know I am; go Packers! I just wish I could attend the game since it’s in my backyard but there are some advantages to watching the game at home. Of course, the biggest advantage is the money saved. Not just on the price of a ticket, which some people paid as much as $2,400 for the nosebleed seats, but on everything else that goes along with attending a football game at the Death Star, a.k.a. the House that Jerry Built. I don’t know about you but I can’t go to a game without eating or drinking something. So what does it cost to have a “snack” at the Cowboys Stadium? Let’s just say it’s not cheap. A bottle of water or a soda is $5. A souvenir cup with your pop will cost you an extra $1. If you are hungry, you can get some food on the cheap, like a Nathan’s hot dog for $5.50. Moving on up in price is a BBQ sandwich, a chicken sandwich, nachos, or even a hamburger for $8.50 each. If you have a little spare change, you can try the very popular Cowboys cheese steak sandwich which will run you $10. I recommend the cheese steak sandwich which should be accompanied by a cold beer which will run another $8. However, if you want more than one beer, it could end up costing you more than $500. Huh, $500? Is that a misprint? No, that is what you could end up paying if you drink more than one beer and get arrested for Public Intoxication.

Public Intoxication? At a football game? Yes, it happens more frequently than people realize. A sporting event is one of the best places for law enforcement officers to nab some innocent people and send them to jail causing them a series of nightmares and some real financial issues! So what is public intoxication? The legal definition says a person commits this crime if the person is in a “public place” while “intoxicated” to the “degree that the person may endanger themselves or another.  Public Intoxication is a Class C misdemeanor, a ticket, punishable by a maximum $500 fine.

Let’s break down the definition so you can understand how simple it is to be arrested for this crime. What is a public place? Anywhere where the public has access to and this includes a sporting event at Cowboys Stadium. What about intoxication, how can the State prove that you are intoxicated? That can be done one of three ways. First, an officer can claim that you have lost the normal use of your physical faculties, such as not being able to walk straight. Or, an officer can claim that you have lost the normal use of your mental faculties, such as having slurred speech or not being about to get your license out of your wallet/purse without difficulty. Finally, the last way an officer can say you are intoxicated is by measuring your blood alcohol concentration (BAC). If your BAC is over 0.08, then you are, by legal definition, presumed to be intoxicated.

Now here’s the catch. Nine (9) times out of ten (10), the officer will say that you have lost the normal use of either your physical or mental faculties and will avoid trying to get a breath sample from you. However, drinker beware! If an officer asks you to provide a breath sample on a Portable Breath Test (PBT) unit, DO NOT give a sample! I repeat, do not give a breath sample and I say this for two reasons. First, the PBT unit is very inaccurate and that is why the criminal courts do not accept the reading as proof of intoxication. The other reason is that if you give a sample, you are giving the officer the evidence he or she needs to put you in jail. Just say NO! If the officer really believes you are intoxicated, they will arrest you with or without the breath sample.

Finally, let’s take a look at the most important part of the public intoxication definition. The officer has to prove that you may be a danger to yourself or others. This is where 99% of officers fail to prove the case in court. However, you will never get a chance to go to court unless you decide to fight the ticket and that comes a long time after your trip to the jail. As a former police officer, I suggest you fight this charge if you believe you have been wrongfully arrested since your success rate will be high. Even after the legislature changed the definition to make it easier for officers and prosecutors, I still believe that everyone has a good chance at beating this charge. The old law used to read that you had to be an “immediate” danger to yourself or others and now it just states that the officer must prove that you “may” endanger yourself or others. All the same, this element of the crime is very difficult to prove, especially if you have an attorney that knows how to beat the officer at this little game they like to play.

Now I would like to share with you some other very important details about public intoxication. If an officer singles you out and ends up arresting you for public intoxication, most of the damage will be done before you ever get a chance to see a judge or you get to fight the charge in court. Like I said, public intoxication is a Class C misdemeanor which means the maximum punishment is a $500 fine. However, unlike other Class C crimes, this crime can include a little jail time. Officially, the officer can allow you to call someone to pick you up to take you home but that won’t happen. Instead, in most cases, the officer will take you to jail for a minimum of four (4) hours. This time period is to “help you” sober up. After you get out of the jail, you will still have to pay the fine or you could fight the ticket, which I suggest.

Why fight a $500 ticket if you have already been to jail and an attorney may cost you slightly more than the actual ticket? Because public intoxication is an alcohol-related crime which means it can affect your future. If you pay the ticket, regardless of whether you plead no contest or guilty, the conviction will remain on your criminal history. That means every time you deal with a police officer, they will see your public intoxication conviction and that will make the officer check you out even more closely. Hypothetically, you go to dinner and have a single beer and then you get stopped on the way home for speeding. If the officer can smell that beer on your breath, he or she will assume you had more than one beer you are claiming simply because you have the public intoxication on your record. Officers make judgment calls (assumptions) every day and those “educated guesses” will not be in your favor. Thus, a public intoxication conviction on your record can severely affect your future.

So, go out and enjoy the Super Bowl but if you are going to drink inside of the Cowboys Stadium, or anywhere else outside of your home, be very careful about getting arrested for Public Intoxication because it can have an adverse affect on your future and your checkbook. If you end up getting charged with this crime, don’t hesitate to call a former officer and trusted criminal defense attorney who will help you fight this madness.

If you have questions regarding criminal law contact Victor A. Rivera, with The Wright Firm, L.L.P., at 972-353-4600 (telephones answered 24 hours a day) or visit our web site at www.thewrightlawyers.com.

 

Reading this post does not create an attorney client relationship.  Law is specific to each state so consult with an attorney in the state where you live.  We are only licensed to practice law in the State of Texas.  This article is provided for general information and is meant as general information and to entertain. For your specific situation, be sure to consult with an attorney

 

Getting Caught with Your Pants Down at the Super Bowl

 
There will be an estimated 50- 100,000 prostitutes being brought in for this weekend’s Super Bowl.  Those traveling in for the big game this year face dilemmas from parking, traffic, getting a Super Bowl ticket, to public intoxication and even prostitution.  If you are one of the unlucky one’s to get caught in a less than appealing situation around the festivities of the big game this week. You need to know what to do.

Number one you are probably in a very vulnerable position, more than likely with your behind in the chill, literally.  Number 2,  the officers know this and Number 3 the person you’ve either solicited or paid for services has more than likely been through this before.  In other words, not his or her first time.  They will more than likely try to talk their way out of it and you will most likely be “sold out” in the process.  If you have been caught in an undercover sting , than there is likely going to be a tape or an audio recording to be used later to seal your fate.  The best thing for you to do is avoid the situation in its entirety. As tempting as it maybe with your buzz from the beer and the excitement from the game and the building anticipation of the win, avoid this trap. 

If some hot girl/guy comes up to you and attempts  to proposition you, you may want to keep walking it’s probably a trap.  An undercover officer will try to get a nod, a wink, a “how much”, maybe later, anything from you that would indicate that you “agreed to pay a fee”.  You maybe joking, showing off for your friends, or being completely sarcastic and this could land you in a lot of hot water.  Avoid people “hitting on you” outside of the stadium.  It’s not real, and they really aren’t in to you.  You’re not that hot! You’re not that guy! It’s a trap!

If you do get caught with your pants down, keep your mouth shut. Say nothing. You can’t talk your way out of it and the prostitute is probably going to end up selling you out anyway. Get your buddies to get you a bond set up right away. A bail bondsman will be close by. You can kiss the Super Bowl good by!

For questions regarding criminal law 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 .

 

Reading this blog post does not create an attorney client relationship.  You should always consult with a Texas attorney regarding the facts of your case if in Texas or an attorney in your own state where you live. This blog post is for general information and to entertain.