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While one tends to think of increased DUI risks during the traditional holiday season encompassing Thanksgiving, Christmas, and New Year’s Eve, the fact is that any holiday involving big parties can carry the same risk. Halloween is traditionally a night where kids roam free to trick-or-treat, or, in the case of teenagers, to commit mischievous acts.
In the state of Texas, like many states, there is a zero tolerance policy for underage drinking and driving. As a result, if a person under the age of 21 operates a motor vehicle or watercraft in a public place with any detectable amount of alcohol in their system, he or she is violating the law.
For those who have never gotten one, a DWI may sound like nothing serious – certainly nothing to ruin a weekend. Those who have been unfortunate enough to be charged with driving while intoxicated know better. Being arrested for drunk driving – or worse, for causing an accident or injury while driving drunk – can ruin not only your weekend, but several weekends to come.
While some may find it counterintuitive, the crime of attempt has been on the books in Texas for almost 50 years now. In theory, an attempted crime is not a completed crime, and yet Texas (and many other states) chooses to punish attempts, because the conduct involved in making an attempt to commit a crime is inherently dangerous, not unlike the completed crime.
Driving while intoxicated (DWI) is one of the most serious nonviolent crimes one can commit. Because of the potential risk to life and property, incidences of DWI are strictly penalized, including consequences that will follow you for many years after the original offense. Many, however, are unaware of just how far the aftereffects may reach.
A few times per week we get phone calls to our Houston office from people interested in finding out if there is a way to find out if they have a warrant in Harris County, without having to visit the Harris County Sheriff’s Office for obvious reasons. To get more information about how to find out if you have a warrant in Houston, click one of the links below.
Only in Texas: Intoxication Manslaughter If you or a loved one wound up taking the life of another person in an automobile collision, you will probable be charged with an offense known as “intoxication manslaughter.” The Texas legislature created a special category of homicide applying exclusively to when an intoxicated driver kills another person in a collision.
It’s 2:00 a.m. and you get a phone call informing you that your child has been charged with driving under the influence. Most likely, your heart starts to race and your mind is inundated with questions – is my child ok, will the police hurt my child, and then you get to some future concerns like what will this do to my child’s college prospects? Will they have to serve jail tim ...
Colleen Sheehy-Church, the president of MADD (Mothers Against Drunk Driving), recently spoke at a conference sponsored by SmartStart, an ignition interlock company, requesting the use of ignition locks for vehicles of drivers who have been convicted of driving while intoxicated (DWI). MADD believes that Texas should change its DWI laws and require that first-time DWI offende ...
Sobriety checkpoints are controversial for a variety of reasons. On one side of the coin, civil liberty activists and lawyers view sobriety checkpoints as an infringement of constitutional rights. And on the other side, sobriety checkpoints are understood to be effective deterrents to intoxicated drivers.
The Galveston County Criminal District Attorney’s Office announced that its office will be working with law enforcement in Galveston County in sponsoring a “no-refusal” operation during the weekends of Mardi Gras. In Texas, anyone driving with a blood alcohol content (BAC) of .08 grams per deciliter or higher is considered legally impaired under DWI statutes.
Horizontal gaze nystagmus, or HGN, is a medical term for involuntary jerking of the eye. The human eye normally moves smoothly like a marble on glass, however nystagmus would look like a marble on sand paper. Of course, because it is involuntary, the subject exhibiting the nystagmus is unaware that it is happening and it does not affect vision.
After being convicted for his 10th Texas DWI, a Montgomery County man has received a Double-Life sentence. He was also charged with threatening a public servant (retaliation). Is Double-Life Sentencing a bit Much? Depends on who you ask. No one was killed in this case and it appears that this man needs counseling & treatment rather than a double life sentence.
The past 40 years have seen DWIs move from being a fairly minor violation, little more than a speeding ticket, to a serious crime in many states. With such severe penalties it can often be helpful to look at what has happened to people after they have had to deal with a DWI. Of course, some of the most easily accessible DWIs to examine are those of celebrities in the public eye.
The state considers driving a privilege, not a right. One of the rules on the books that really encompasses this thought is the state’s implied consent law. This law states in relevant part that a person who operates a vehicle impliedly consents to submit to the chemical test provisions of this chapter as a condition of operating a motor vehicle.
Criminal laws in Texas are showing no signs of letting up on the accused. We at the Law Offices of Tad Nelson & Associates want to share a few key tips to help you learn more about your rights as a motorist. The Right To Refuse Road-Side Interrogation You don’t have to answer questions from the law enforcement civilian about your destination or origination points, what ...
The main element of any accusation of a DWI offense by law enforcement is that the person accused of such an offense is, in fact, intoxicated during the time of their arrest. In many cases, when a person is arrested for DWI offense in the state of Texas, they don’t undergo any chemical testing to prove the arresting officer’s allegation of DWI until sometime after the arrest has been made.
Where DWI Laws are Heading in the Next Five Years by Houston DWI Attorney Tad Nelson | Nov 17, 2014 | DWI, Predictions, Texas Law | When it comes to new DWI laws across the country, there are two prevailing schools of thought. One says we need more laws while the other says we don’t, we need to enforce the ones we’ve got. Guess which school is winning.
1st Time DWI Offender Reoffends, Kills NM Man by Houston DWI Attorney Tad Nelson | Oct 31, 2014 | DWI In The News, Vehicular Assault or Homicide | Always take care to think wisely about your next action, especially when you know you like to enjoy alcoholic beverages and prefer to use your own vehicle for transportation.
We at the The Law Offices of Tad Nelson and Associates would like to send our deepest regards and best wishes to the family of Deputy Jesse Valdez III, 32, an 11 year veteran with the Harris County Sheriff’s Office who was the victim of a head on collision with an SUV on E. Wallisville Road in the east Houston, Harris County town of Highlands, TX.