| Criminal Defense |
We represent clients facing different criminal charges that range from Class C misdemeanor to Capital Murder. Our goal is to always fight aggressively and thoroughly and to be on the offensive. We investigate all surrounding evidence and circumstances to be in the superior position to advise my clients whether to go to trial or not. If the case is not likely to result in Not Guilty verdict, we do all possible pre-trial motions and a proper investigation to know exactly when signing a plea will obtain far more favorable results. We also represent clients that already been incarcerated and in jail, after either a bad trial or unfavorable plea agreement that provides for some jail time. In addition, in appropriate scenarios, we may file for shock probation ninety (90) days after the judgment. When the stakes are high, clients facing serious criminal charges deserve the very best defense possible. We have a successful record in criminal defense, and put that experience to work for our clients. FAQs Do you have to be "drunk" to be guilty of drunk driving?
No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand the word - intoxicated. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years public outcry against the toll of injury and death which drinking drivers inflict has changed the laws against drunk driving radically and made them much more severe. So the criminal laws against drinking and driving now mean operating a vehicle with considerably less alcohol in your system than what we customarily recognize as being enough to make a person drunk.
Legally, just what is "drunk driving?"
You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the purpose of every other situation except driving, you may not even be considered drunk. But your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law. And if you are convicted, you will suffer some very harsh penalties. A drunk driving offense, sometimes called driving while intoxicated DWI or driving under the influence DUI, really has three general meanings:
What amount of alcohol do I need to drink to have a blood alcohol content of .08 or higher?
Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To calculate your blood alcohol content based upon having normal drinks such as a 12 oz. beer, a 4 ounce glass of wine, or a single mixed drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration:
What kind of reason does a police officer or highway patrolman need to have in order to stop me to investigate whether or not I am driving under the influence?
The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence. In addition, during holiday seasons, police officers typically set up field sobriety checkpoints where they routinely stop every driver who passes through the checkpoint. These checkpoints do not require the officer to observe anything suspicious about a person before stopping and investigating someone.
What happens to me if I am pulled over by the police or the highway patrol for investigation of drunk driving?
If you are stopped, always be courteous and cooperative with the officer even if you are 100% clean of any type of alcohol or drugs, and even if you are certain that your driving did not show anything unusual. Never argue with the officer. Law enforcement is a tough, often nerve wracking job and the "attitude" you show to the officer can often make all the difference as to whether or not the encounter will be an unpleasant one for you.
What will happen if the officer who pulls me over suspects that I have been driving under the influence?
The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures. In addition to these tests, some officers typically have certain field sobriety testing devices which they use. One such device is a breath meter which you blow into. Another is a light to shine in your eyes in order to test your pupil reaction. It is very important that if you suffer from any chronic physical problems, such as difficulty with your balance, problems walking or with your legs or feet, that you inform the officer of these things before you go through the field sobriety tests.
What happens if the officer believes that I have not performed the field sobriety tests satisfactorily?
At that point you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will also be booked and held there until you post bail or until a judge releases you on your own recognizance without bail. Once again, as upsetting and as stressful as being arrested is, it is essential that you continue to act courteously and cooperatively with the officer. Do not argue, threaten or become belligerent in any way. This type of behavior will only make the experience even more unpleasant for you.
What is a blood alcohol test?
This is a physical procedure to determine how much alcohol you actually have in your system. There are three ways of doing this test:
What is an ALR hearing?
You have the choice of which one of these three tests you will take. The only time your ability to choose which test you take can legally be restricted is if you are in a locality that simply does not have a breathalyzer. The officer is required to tell you that the option as to which test you take is up to you. But quite often officers will try to pressure or browbeat a person into taking the blood test because this is the most effective procedure for the prosecution to use against a person in court. You do not have the right to refuse to take any test; if you refuse to take a test, your driver's license is automatically suspended for one year. However, if no test is taken, no concrete evidence of your intoxication will be available. This program is the administrative process by which the Department suspends the driver licenses of individuals who are arrested for the offense of driving while intoxicated (DWI). The ALR hearing is conducted at a location designated by SOAH in either the county of arrest or within 75 miles of the county seat of the county of arrest. Alternatively, both parties may agree to hold the hearing by teleconference. The hearing is conducted by an Administrative Law Judge (ALJ) employed by SOAH and the DPS has the burden of proof by a preponderance of the evidence. If the judge makes an affirmative finding on all the relevant issues, the license is suspended.
What is an occupational license?
An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses (other than medical reasons or delinquent child support). An occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes or in the performance of essential household duties. Requests for such licenses are made to the county or district court in the county of the licensee’s residence or to the court of original jurisdiction where the offense occurred.
Is the court order the occupational license?
No, this is the order granting the occupational license. The court order and all other required items need to be submitted to the Texas Department of Public Safety (DPS) so an occupational license can be issued. The court order may be used as a license for 30 days from the date of the judge’s signature while DPS processes the occupational license.
Can you drive a commercial motor vehicle with an occupational license?
No, if a person's driver license or privilege is suspended, revoked, cancelled, or denied under any law in this state, the person may not be granted an occupational or essential need license to operate a commercial motor vehicle. Texas Transportation Code 522.086, Texas Transportation Code 522.089.
What are the requirements for the occupational license?
The certified copy of the petition and a certified copy of the court order granting the occupational license.
An original pink SR-22 certificate of insurance. This is the only proof of insurance acceptable. An occupational license fee for a one-year license or less. The maximum length of issuance is a 2-year license, provided that the court order grants this length of time. A statutory reinstatement fee for the Safety Responsibility suspension, if required. A statutory reinstatement fee for the Driver Improvement suspension, if required. A statutory reinstatement fee for the Administrative License Revocation (ALR), if required. |
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