Blog Posts in 2012

  • Intoxication Manslaughter

    || 17-Dec-2012

    Because of the recent event concerning two Dallas Cowboys, I thought I would take the time to explain the offense of Intoxication Manslaughter. Intoxication Manslaughter is found in section 49.08 of the Texas Penal Code. The statute reads: (a) A person commits an offense if the person: (1) Operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or ...
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  • You've Been Arrested for a DWI. Now What? Continued.

    || 5-Dec-2012

    As we discussed last week, after being arrested for a DWI you become subject to both administrative and criminal penalties. I gave you the run down concerning the administrative side, and this week I will give you some insight into the criminal process. Unlike the ALR Hearing, the criminal aspect of your DWI case is concerned with your guilt or innocence proven beyond a reasonable doubt. We will ...
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  • You've Been Arrested for a DWI. Now What?

    || 28-Nov-2012

    So you've been arrested. Arrested for a DWI. You and roughly 95,000 other adults around the nation. In 2007, 17% of Tarrant County's population was charged with a new DWI. So, it is safe to say that you are not alone. But, despite the overwhelming numbers of new DWI charges, if it happens to you, the experience can be confusing, complicated, and simply – frightening. I'm here to ...
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  • Common Mistakes When Arrested for a DWI

    || 15-Nov-2012

    Driving while intoxicated is an act that is taken very seriously by the United States government, and local law enforcement officials are willing to do whatever it takes to catch and arrest those who are breaking these laws. While no person would choose to be arrested for a DWI, it happens; and what you do at the time of your arrest and following will make the world of a difference. Here we will ...
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  • World BAC Limits and the 50 States

    || 6-Nov-2012

    As of 2004, all 50 states have established an "illegal per se" BAC of.08 for the offense of DWI. Delaware, being the last and final state to pass the.08 BAC law, previously had in place a.1 BAC statute. In 2000, Congress and President Clinton signed a law requiring all states to enact a.08 BAC statute by 2003 without losing a percent of highway funding. Before this, only 19 states had ...
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  • Criminal Law Common Misconceptions

    || 3-Oct-2012

    With television shows like Law & Order and CSI, the entire nation now knows everything that there is to know about criminal law. Right? Wrong. Shows such as these, as well as some music artists on the radio, seem to enjoy spreading their criminal law knowledge to the public. Interestingly enough, the information isn't quite accurate, and we owe it to you to straighten things out. There are ...
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  • The Man Who Killed John Lennon and the Insanity Defense

    || 19-Sep-2012

    Everyone knows of the English rock band that hit America by storm in the 1960's. This so-called "Beatlemania" made The Beatles the best selling band in history. And, with that came four new superstars; John, Paul, George, and Ringo were greeted by screaming crowds and adoring fans. But, one adoring fan in particular made headlines. Mark David Chapman was 25 years old on December 8, ...
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  • Built in Breathalyzers

    || 4-Sep-2012

    With frightening statistics such as: Every 90 seconds, a person is injured in a drunk driving crash; In 2010, 10,228 people died in drunk driving crashes – one every 52 minutes – and 345,000 were injured in drunk driving crashes; Drunk driving costs each adult in this country almost $500 per year; and One in three people will be involved in an alcohol-related crash in their lifetime, ...
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  • Batman and the Texas Code of Criminal Procedure

    || 15-Aug-2012

    Here in the great state of Texas, we prefer our arrests to come hand in hand with warrants. Warrants mean that a neutral and detached magistrate has determined that there is probable cause to arrest the individual. But, despite our preferences, warrantless arrests happen every day, and they're justified! Warrantless arrests in Texas are governed by statutory exceptions to the warrant ...
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  • Strip Searches - Embarrassing AND Constitutional

    || 18-May-2012

    Recently the United States Supreme Court interpreted the 4 th Amendment of the constitution as allowing suspicionless strip searches for all individuals entering a jail -- including minor offenders. As we've discussed before, the 4 th Amendment protects individuals from unreasonable searches and seizures. Thus, the Supreme Court decided that a strip search, for any reason, is reasonable upon ...
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  • Marijuana and the Government

    || 3-May-2012

    In honor of the recent month of April, I thought I would discuss the continuous and ever growing relationship between marijuana and the government. Starting as early as 1913, states began passing anti-marijuana laws. Ironically, California was the first state to pioneer this path. And, now, while seventeen states possess medical marijuana statutes, Texas holds firm in its strict ban against the ...
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  • The Hunger Games and the Texas Penal Code

    || 26-Apr-2012

    The story of a young girl protecting her sister and defying her government has swept the nation. The audience undeniably roots for the main character to survive the grueling conditions of the game and return to her family. But, in rooting for her to survive, the audience must endure the deaths of others because in the Hunger Games, it is a fight to death. There is no doubt that the raved about ...
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  • Charles Manson and How He Cheats Death

    || 20-Apr-2012

    It was over 40 years ago when a jury in California returned guilty verdicts on all eight charges for the infamous Charles Manson. Seven murder charges and one conspiracy charge gave Manson a punishment of death. But, four decades later, Manson still lives. Aprill 11, 2012 the parole board in California again, for the dozenth time since 1978, decided Manson was too great a danger to be released ...
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  • Coercion in the Intoxilyzer Room

    || 12-Apr-2012

    Let's talk about a DWI breath test. The dreaded breath test. Everyone thinks of a breath test as being the end-all be-all in a DWI case. And in a way, it can be. It definitely gives the police, the prosecutors, the judge, and the jury and pretty-good indication of your blood alcohol concentration. Something a jury can hang their hat on rather than a step off the line or slur that may or may ...
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