Criminal Defense

Up until now, of all the crimes you hypothesized you could commit and get arrested for, we are certain one has never streamed into your mind. That thought is whether or not you could get arrested for Boating While Intoxicated as you paddle a canoe. Under the strictest interpretation of Texas Penal Code, Chapter 49, it looks like you can get arrested. Let’s assume you’ve had a very nice picnic downstream, and it’s time to head upriver. Somehow, during this picnic you became intoxicated, which means  you have lost the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or by having an alcohol concentration of 0.08 or more. No problem, you think, this canoe doesn’t have a motor, and you’re going to take a nice easy trip upriver, and nap it off under the old oak tree by the launch site. You have a life preserver on even. This seems like a perfectly reasonable thing to do. Well, here is some bad news, a canoe which is being paddled is […]

The State of Texas has a proud history of racing; such greats as Shelby and Bondurant have graced this state’s register of residents. However, our racing prowess will not stop the Texas Commission on Environmental Quality’s (TCEQ) from interpreting their automotive emission rules quite strictly. So strictly in fact, that your custom, mandrel bent, stainless steel, 3″ diameter, chrome tipped, all out, dual cat, dual exhaust system (or any aftermarket system…really) may very well be violating the rules and regulations of Texas. So, when can you have a dual exhaust system you ask? Well, you can have a dual exhaust on your car when “the vehicle’s manufacturer certified an identical engine-chassis configuration for that model year of vehicle or newer that includes such an exhaust configuration.” Wait, what? Here’s an example. Let’s say you purchased a 2003 truck with a V6, and for that year the manufacturer only made that truck with a single exhaust. If, over the coming model years for that generation truck, the manufacturer never put a dual exhaust on that vehicle, you can’t either. However, if the manufacturer put a dual exhaust on the 2004 truck with a V6, then you are free to bifurcate the […]

The 9th Court of Appeals released 1 opinion today, a memorandum opinion concerning a Montgomery County criminal case: CHAD ERIC MINER, v. THE STATE OF TEXAS – Affirmed The 9th Court of Criminal Appeals affirmed the Montgomery County Court at Law #5’s denial of the defendant’s motion to suppress evidence prior to trial for DWI. At the suppression hearing the arresting officer testified that appellant did not maintain a single lane of driving and swerved/drifted onto the shoulder without indicating and without apparent purpose. The trooper testified that appellant was not a danger to any other persons on the seven lane road. The Court found, on the only issue, that the Trooper did have reasonable suspicion to stop the vehicle since the state met its burden of proof that a violation had or was about to occur under 545.058 of the Transportation Code. Since the Trooper had reasonable suspicion to stop the vehicle, the evidence from the stop cannot be suppressed. The Appellant argued that the section of the Transportation Code he allegedly violated, crossing a “fog line” onto an improved median, has several exceptions if a necessity arises (an example exception: “(5) to allow another vehicle traveling faster to […]

The short answer is yes. While your vehicle may be modified in an entirely safe and responsible manner, the police have the right to complete safety inspections on a vehicle. If the officer looks at your vehicle, and has reason to believe that your car may violate a state law concerning equipment or safety – such as headlights, taillights, noise or ‘general safety’, they may pull you over and inspect your vehicle. If, while they have you pulled over, they notice something out of place – such as the odor of marijuana, evasive attitude or signs of intoxication – they may begin to investigate those items of interest. Thus, if it’s modified, be careful. g@c

If you have very driven on the busy highways within Houston, you have probably witness that the roads are swarming with semi-trucks. Unfortunately this often means that tuck crashes occur throughout the Houston area, you may have even witness one yourself. With the sheer size of these trucks, these accidents often mean serious collisions and injury for those involved, sometimes even death. Many of these truck accidents are the result of the driver being tired or fatigued on their long journeys. New regulations have recently been set by the Federal Motor Carrier Safety Administration in order to reduce the number of accidents. Truck drivers are generally paid by the size of their load or the distance they cover on a trip. This results in drivers pushing themselves to cover as much distance as possible. The new regulations mandate that drivers must take a minimum of 30 minutes break within their first 8 hours. They must also have a minimum of 34 hours off each week. Drivers are not supposed to drive more than 70 hours in a week. Much research has been done and shows that when drivers experience fatigue and drowsiness, their alertness and reflexes are not up to […]

In national DWI news this week, a Buffalo, NY, seat belt stop led to a DWI arrest. Just a reminder that you can be pulled over for any traffic offense and end up with a DWI. You do not need a DWI lawyer if you are never pulled over. Buckle that seat belt, stay within the speed limit, make sure your vehicle has all equipment in working condition, and so on. Better to stay out from the watchful eye of law enforcement altogether, because even when actually sober, a stop can lead to an arrest under the wrong circumstances. g@c

Attorney’s Fees. You paid your lawyer and now you want your ex-spouse to repay you. There are times when a court can and may give you such an award. On top of that, the court may even deem the attorney’s fees as necessary expenses for a child or children involved in the suit. The result of such a finding is that the award of attorney’s fees may be awarded as additional child support, and enforcement of that award much easier than a mere judgment. However, in December the Texas Supreme Court ruled that in a non-enforcement modification action, no “necessaries” finding or additional child support order of attorney’s fees may be made. What does that mean for your case? Well, if you are seeking enforcement of the court’s prior order, this ruling doesn’t apply. Your ex-spouse preventing you from seeing your children, or violating an injunction such as allowing a specific person to babysit? Attorney’s fees may still be awarded. These kinds of scenarios are exactly what the term “necessary expended for the child’s benefit” is talking about. However, is the visitation schedule no longer working because of a change in your work schedule? Is child support no longer anywhere […]

In April the United States Supreme Court handed down its decision in Missouri v. McNeely and held that, when a person is unwilling to give a blood sample, a warrant is necessary. The Court ruled that the Fourth Amendment requires that a court issue a warrant if law enforcement wish to draw a person’s blood because in run-of-the-mill DWI/DUI cases the exigency exception to the warrant requirement does not apple. Missouri had argued that the fact that blood alcohol levels dissipate as time passes created such an exigency, however 5 justices, including Justice Sotomayor disagreed. Previous case law has influence the typical procedure. When they suspect a driver of DWI/DUI, law enforcement will often try to extract their blood to show intoxication. To do so, they generally take the driver to a medical facility where a phlebotomist or other medical professional will conduct the blood draw. From the viewpoint of the state, the obvious and unavoidable delay in time creates a per se exigency which should allow the state to bypass the Fourth Amendment’s warrant requirement where a search or seizure (here, a search) is conducted by law enforcement. The Court, in disagreeing with Missouri, instead held that a totality […]

The 9th Court of Appeals released 1 opinion today: 1. YVONNE COMO v. CITY OF BEAUMONT – Modified and Affirmed This opinion concerns an action brought by Appellant one year after the City of Beaumont condemned and demolished a commercial structure on land owned Appellant. The Court found that, among other things, Appellant’s suit was a collateral attack on a final judgment, and the decision to affirm stems from that finding. The Court further found that Appellant’s Public Information Act claim was moot because Appellant received the information sought, even though she did no receive it in a timely manner. g@c