Posted on July 11, 2016 in DWI / DUI

The Centers for Disease Control (CDC) reports that every 53 minutes, someone is involved in a fatal car accident due to the actions or reactions of a driver operating a motor vehicle while under the influence. This startling number equates to the death of 28 people per day with an annual cost of over $44 billion. As the CDC remains hopeful that the implication of effective measures and awareness campaigns may help prevent injuries and fatalities from alcohol or drug impaired driving, what can be done to curtail the habitual offender?

Montgomery County Judge Kathleen Hamilton may have just set a fundamental precedent. For a Houston man arrested for the ninth time for driving under the influence and responsible for a non-fatal accident, Judge Hamilton handed down a life sentence. This DWI conviction will probably evoke an appeal, but is it time for all states to become more legally vigilant on habitual offenders?

Currently Texas enforces the following punitive measures for adult offenders:

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 Posted on June 13, 2016 in Traffic Violations

Texas, with its vast landscape measuring 268,581 square miles, has often been associated with maxim that “everything is bigger in Texas.” The Lone Star State, however, is also known for its commitment to law enforcement and has been ranked as one of the top five states for traffic violations, tickets issued, and revenue collected.

With over 13,498,071 registered drivers, it is estimated that the Texas Highway Patrol collects $200,000 per year, per officer due to ticketing for both major and minor traffic violations. The most common type of minor and major traffic violations and ticket prices include:

Minor Traffic Violation Fines

• Failure to observe railroad crossing signs: $50 to $200;
• Failure to stop for a school bus: $200 to $1,000;
• Failure to wear a seatbelt: $50 to $200;
• Parking in handicap zone: up to $500; and
• Speeding: $150.

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 Posted on May 09, 2016 in Criminal Law

The average American now spends more than 490 minutes or eight hours per day on the internet. It is projected that by 2017, personal internet usage will climb upwards to 506 minutes, increasing the current usage rate. As usage expands so does the risk for identity theft.

At the onset of popularity of the internet during the early to mid 2000s, Americans, as well as those having global access to the world wide web, have been progressively utilizing the internet to conduct countless business and leisure activities, including:

• Communicating via email;
• Networking via Social Media;
• Navigating general and personal interest searches;
• Gathering national and international news reports;
• Streaming music and videos;
• Gaming;
• Shopping;
• Personal banking; and
• Conducting employment searches.

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 Posted on April 25, 2016 in Traffic Violations

Nearly everyone has experienced some type of traffic violation at least once in their lifetime. Something as simple as a parking ticket can prove to be a nuisance and a financial burden, but it is typically the more serious traffic violations that lead to driving record convictions and hearings—and that can mean trouble for your wallet and your driving record.

I Received a Ticket. Now What?

Whatever the reason for your traffic violation, you will need to decide how and when to take action once you have received a ticket in order to prevent further penalties imposed by the state. Your options are dependent upon the type of citation you have been issued.

If you receive a traffic ticket, you can:

• Plead guilty, and pay the fine; or
• Plead not guilty, and appear before a judge in municipal court.

If you receive a parking ticket, you can:

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 Posted on March 25, 2016 in Boating While Intoxicated

As the summer solstice quickly approaches, set to reach the western hemisphere on June 21 at 12:24 a.m., those in temperate regions look forward to welcoming the warmth of sun-filled longer days. For boaters, in particular, it signifies yet another enjoyable season on the open water but perhaps not without consequences. At last count, more than 88 million U.S. adults participated in recreational boating but owning or operating a recreational watercraft comes with responsibilities. When a boat operator is under the influence of drugs or alcohol, serious personal injuries, fatalities and possible criminal charges can shorten the longest of summer days.

The U.S. Coast Guard reports that, in 2014, there were 5.2 boating fatalities per 100,000 registered recreational vessels nationwide. Many of these deaths were attributed, at least to some degree, to operators choosing to boat while under the influence of alcohol or illegal substances. To combat these alarming statistics, the partners of Operation Dry Water (ODW) work diligently to promote awareness of the dangers of boating while under the influence or BWI.

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 Posted on February 26, 2016 in Expunctions

Expungement can be considered such a strange word, but it is one that could make all the difference when facing your future without the stigma of a juvenile criminal conviction, unjust arrest, DUI charge, or criminal prosecution acquittal. From Arizona to Washington, 20 states in all, including Texas, offer some form of expungement (also known as expunction) and nondisclosure of records procedures for both misdemeanor and felony relatable charges.

If you reside in Texas and want to learn more about the expunction of criminal records, under Texas Title 1, Code of Criminal Procedure, Chapter 55 Expunction of Criminal Records, the following summary may provide insight as to how you and your expungement attorney can legally safeguard your future.

Defining Expungement

The law may recognize that a first offense is not entirely indicative of a person’s character or if the defendant was unjustly arrested and later acquitted of all charges. Texas courts may also warrant nondisclosure or the expungement of all related records. A judge can do so by either sealing the records or by destroying all records held by penal institutions, law enforcement agencies, and court records, leaving the former defendant free of all criminal charges.

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