In Texas, regardless of what your BAC is, an officer can stop and arrest you if they believe you are impaired. The penalties get stronger for each offense. Not only are police officers cracking down, prosecutors are seeking lock-up for offenders whether that be in prison or at a treatment facility.
]]> For a first offense, those convicted can face a $2,000 fine, up to six months in prison and license suspension for up to a year. First-time offenders may also face a annual $1,000 fine for three years to keep their licenses. For a second conviction, drivers can face a $4,000 fine, up to a year in prison, the loss of their license for two years and a $1,500 annual fine to keep their licenses. For subsequent convictions, the fine goes up to $10,000, with prison time between two and ten years. Those convicted can also lose their licenses for up to two years and pay a $1,500 annual fine to keep their licenses.In order to supplement this crackdown, the state is implementing a special DWI court to help with deterrence and treatment. The court is specifically geared at repeat offenders.
Because of Texas' crackdown and enhanced punishments, for not only repeat offenders, but also for all those suspected or convicted of drunk driving, retaining a criminal defense attorney can be crucial for individuals to build a strong defense and protect their rights.
Source: My San Antonio, "Cracking Down on Repeat DWI offenders," Eva Ruth Moravec and Craig Kapitan, 4/25/12.
]]>Medical officials performed an autopsy in an attempt to determine her cause of death. Autopsy results ruled Megan died of natural causes. Tests show that Megan suffered from a heart condition, which was the cause of her death. However, Megan's parents filed a wrongful death suit just two days prior to the tolling of the statute of limitations, naming the Sigma Chi Fraternity organization, the group's chapter at Baylor University and the owners of the bar where Megan was served alcohol.
]]> Documents filed in the case point to negligence on the part of the bar owners as the cause of Megan's death. Megan's parents, as plaintiffs in the matter, assert that the owners of the bar were negligent for serving Megan alcohol even though she was a minor, and for continuing to serve her alcohol even when she was obviously intoxicated.In order to prove a claim for negligence, Megan's parents may have to show that the bar owners had a duty, and that serving Megan alcohol was a breach of that duty. But just proving the bar owners had a duty to not serve Megan or continue to serve her after she was intoxicated is not enough. Plaintiffs have the burden of showing that the breach of this duty, not the heart condition, was the cause of Megan's death.
Source: The Huffington Post, "Megan Helal's Parents File Lawsuit For Baylor Fraternity Wrongful Death," Tyler KingKade, 3/20/12.
]]>A recent article in the Fort Worth Weekly showed the extent to which local law enforcement has been going to investigate a local smoke shop and tattoo parlor. Police recently served a search warrant on The Dragons Breath in Bedford, then spent hours going through company files and breaching the store's safes before seizing computer equipment and confiscating cash.
]]> The officers also collected as evidence potpourri products that they claimed contained the chemicals that are criminalized under the synthetic marijuana law. Store assistant manager Charles Clark, a former police chief, called the search a "witch hunt" designed to shut down a business that does not have broad public support. Clark also claims that police have been harassing him due to his activism in support of marijuana legalization.The store's management claims that it removed all illegal products after the ban went into effect, and contends that the seized potpourri contains no synthetic cannabis. But the stakes are high, because the penalties associated with synthetic marijuana in Texas can be harsh:
Any person suspected of a drug crime should understand the importance of consulting with a criminal defense attorney, whether or not they have been charged. A drug crimes lawyer can review the circumstance of arrest or an ongoing investigation and act aggressively to protect a client's rights and criminal record.
Source: Fort Worth Weekly, "Breathing Down Their Necks," Jeff Prince, 2/8/2012.
]]>But what if that simple act does not provide the protection you or a family member expected before a car accident? The troubling reality: safety restraints are sometimes a tragic example of a defective product that leads to a personal injury or wrongful death for which negligent vehicle manufacturers can be held liable.
]]> Seat belts can fail or malfunction in a variety of ways, jeopardizing the safety of car and truck occupants:One of the primary reasons for working closely with a Texas car or truck accident lawyer is the importance of looking at all potential sources of liability, including auto defects that either cause harm or make an accident much worse. Just last year, the U.S. Supreme Court affirmed the rights of plaintiffs to sue manufacturers for seat belt defects.
A full examination of vehicle wreckage can help an injury victim or family survivors of a fatal wreck identify all parties that should be held accountable.
Source: Seat Belt Failure
]]>According to FMCSA, the delay in issuing the final rules followed exhaustive scientific review and an extensive period for public comment. The administration stated that the new rules are based on the best science and research available. The intent behind the regulations is to ensure drivers receive the rest necessary to operate their vehicles safely on U.S. roadways and reduce the number of trucking accidents.
]]> The rules became a topic of debate following a legal dispute between safety advocates and the Department of Transportation. Citing safety and health concerns, safety groups sought changes to the old rules, while industry insiders such as the American Trucking Association opposed the introduction of new restrictions.The new rules introduced a number of changes, while keeping a few high-profile rules intact. The most controversial decision made by the administration was to not reduce the 11-hour daily driving limit for commercial drivers. Although the administration kept the 11-hour limit, it did reduce the weekly limit by 12 hours.
Under the previous rule, truck drivers were allowed to work 82 hours a week. The new rule limits weekly driving time to 70 hours per week. This does not include non-driving time, which is a more complicated calculation. Drivers are also now required to take a 30-minute break at least once every eight hours.
The rule also introduces changes to the mandatory "re-start" rule. Previously the HOS rules mandated a 34-hour restart period without stating when the rest period must occur. The new rule, however, adds a provision requiring at least two nights' rest between 1 and 5 a.m.
While the new rules certainly come with their fair share of changes, not all of the changes were as aggressive as advocates had hoped. The "re-start" for instance is not nearly as restrictive as those proposed by safety advocates, who sought to take drivers off the road between the hours of 12 and 6 a.m.
Source: Truckinginfo.com, "Final HOS Rule Retains 11 Hour Driving Limit,"12/22/2011.
]]>Piloted in Syracuse, NY, and Hartford, CT, the program used increased police enforcement of distracted driving laws joined with public education campaigns at four different times - April, July and October 2010, and March - April 2011. Results of the program show every indication of it being successful; including, drops of 32 percent in both cell phone use and texting in Syracuse, and drops of 57 percent for cell phone use and 72 percent for texting in Hartford.
]]> The NHTSA notes that all forms of distracted driving are dangerous, but texting while driving is the "most alarming" form of distraction because all three main types of distraction are engaged in while texting:According to NHTSA statistics, that of all car accidents resulting in injuries in 2009, 20 percent involved distracted driving. Further, cell phones accounted for 18 percent of all distracted-driving fatalities in 2009.
USA Today reports that studies from the Insurance Institute for Highway Safety (IIHS) have shown that texting and handheld phone bans alone do not reduce the number of accidents; but, NHTSA's program shows promise that bans along with increased enforcement and educational campaigns may keep people safe.
]]>The first change involves first time DWI offenders with a blood alcohol content of 0.15 or higher. Formerly, all first time DWI offenders -, which included all drivers with a BAC of 0.08 or higher - were charged with a Class B misdemeanor and subject to a $2,000 fine and 180 days in jail. Subsequent DWI charges for the same driver led to more stringent charges and steeper punishments.
Since passage of the new law, first time DWI offenders will now be placed into two categories: Those with a BAC between 0.08 and 0.14, and those with a BAC of 0.15 or higher.
Those with a BAC between 0.08 and 0.14 will still be charged with a Class B misdemeanor. But now first time offenders with a BAC of 0.15 or higher will be charged with a Class A misdemeanor and subject to stiffer penalties: A fine of up to $4,000 and up to one year in jail.
]]> The second major change to the DWI law pertains to enhanced DWI charges associated with intoxication assault and DWI that results in serious brain damage to the victim. Previously, enhanced DWI charges were applicable only when certain people were affected - specifically police officers, firefighters and emergency workers. When these specific victims were injured by an intoxication assault, the enhanced charges allowed for a charge of a second-degree felony versus a third-degree felony. Now, however, the law has been expanded to include enhanced DWI charges for an offender who causes severe or permanent brain damage to any victim. A second-degree felony is punishable in Texas by a fine of up to $10,000 and up to 20 years in prison. A third-degree felony is punishable by a fine of up to $10,000 and 2-10 years in prison.Source: Two important changes to intoxication offenses in Texas
]]>Authorities indicated that the neither the driver nor the passenger were wearing seat belts at the time. Both were thrown from the vehicle as it rolled. The driver died on the way to the hospital, and the passenger was left in critical condition at Del Sol medical center.
10,000 people die in rollover accidents each year. According to the National Highway Transportation Safety Administration (NHTSA) the number of serious injuries increases 36 percent when a car rolls over in a crash. When this happens, tremendous pressure is forced on passengers' heads and necks, thereby causing debilitating injuries. These are also known as "roof crush" injuries.
]]> Rollover accidents are most common in sport utility vehicles and other vehicles having a high center of gravity and a narrow wheelbase. Nearly 60 percent of all rollover accident deaths occur in SUVs. As such, the NHTSA regulations require SUVs roofs to withstand 2.5 times the vehicle's weight in order to protect passengers in a rollover accident.Nevertheless, roof strength is immaterial if passengers are not wearing seatbelts. Passengers thrown from a vehicle will be seriously injured by hard, unforgiving surfaces; usually asphalt, concrete, or another vehicle. People ejected from vehicles are less likely to survive an accident than those wearing seatbelts that keep them inside the vehicle. However, faulty seatbelts that tear or come apart during a rollover may lead to casualties.
Rollover accidents require a great deal of investigative work to determine the cause and responsible parties. If you or a loved one has been injured in an accident, an experienced attorney can advise you of your rights and options.
Source: Rollover Crash In Socorro Leaves One Man Dead, Another Injured
]]>In 2009, the most recent year statistics are available for Texas, 347 pedestrian were killed. Texas ranked among the top four states in pedestrian fatalities. Nationwide during the same year 4,092 lives were lost in pedestrian/motor vehicle car crashes. While this was a decrease from prior years, it still leaves some wondering how to reduce the number of pedestrian killed by automobiles.
The Insurance Institute for Highway Safety noted several trends. The majority of pedestrian fatalities take place in urban areas. Nearly one-half of the fatalities occurred over the weekend or at night (4:00 p.m. - 4:00 a.m.).
]]> How to stay safeThe University of North Carolina Highway Safety Research Center has tips for pedestrians:
As a pedestrian, you need to pay close attention to traffic around you and be aware that drivers of vehicles may not see you.
Source: Fatal Auto-Pedestrian Accident
]]>Lawmakers did send the Abdallah Khader Act to Gov. Perry's desk for him to sign into law. The Act is named for a two-year-old boy who is in a vegetative state after an alleged repeat-offender drunk driver hit his parents' car. The new Act would make intoxication assault a second degree felony if the victim is left in a vegetative state, increasing the possible prison time from 10 years to 20. Additionally, the Act increases driving while intoxicated (DWI) with a B.A.C. above .15 percent to a class A misdemeanor, making the maximum penalty one year in prison, as opposed to the previous six-month maximum jail term.
]]> The bills that legislators did not pass covered a variety of aspects involved with drunk driving and the penalties for the offense. Some lawmakers wanted to crack down on penalties for first time offenders, with one bill that would have required first-time DWI offenders to have ignition interlock devices in their cars and another bill that would have required first-time DWI offenders to wear alcohol-monitoring devices for 60 days. A third bill would have revoked the driver's license of anyone convicted of a second DWI offense.Legislators also proposed a bill allowing police to establish temporary sobriety checkpoints to help find those driving drunk. Lawmakers were particularly concerned with allowing police to stop boaters to check that the drivers were sober, as the accidents on lakes tend to have severe repercussions.
Finally, some lawmakers wanted to institute a deferred adjudication program for first-time offenders, wherein the court would not issue a final judgment for the defendant if the defendant agreed to abide by the terms of probation. At the end of the probation period, the defendant would not have a DWI charge on his or her record. However, the program would have allowed for a judge to enhance a sentence based on participation in the deferred adjudication program should the defendant re-offend.
Even though only one of the proposed bills passed, the sheer number of laws that lawmakers discussed during the legislative session reveals that authorities are focusing on drunk driving and looking to increase the penalties for the offense. In light of the new attitude of intolerance for those suspected of drunk driving, it is important for those facing drunk driving charges to seek legal representation to ensure that their rights do not get steamrolled by over-zealous law enforcement personnel.
Source: Talk was tough, but Texas DWI legislation largely went nowhere
]]>Police have taken steps to decrease the number of drunk driving accidents. After eight deaths from drunk driving in January 2011 alone, chief of El Paso police Greg Allen added more officers to the El Paso DWI task force. Police have arrested 1,600 people for DWI in 2011 as of July. People can log on to the El Paso Police Department's website and view the pictures of people arrested on suspicion of DWI.
Dangers of Drunk Driving
Driving under the influence of alcohol poses significant risks. As the amount of alcohol in a person's system increases, the chances of that person getting into an auto accident multiplies. The likelihood of a driver with a blood alcohol concentration (BAC) of 0.10 getting into a fatal car accident is seven times higher than the likelihood of driver who has not been drinking getting into such an accident. The statistics jump to 25 times higher for a driver with a BAC of 0.15 or higher. Even a person with a BAC as low as 0.04 - well below the legal limit of 0.08 - is 1.4 more times likely to be involved in an accident than a person who had no alcohol. Driving while intoxicated not only risks the driver's health and safety, but also poses a grave hazard to all of the other drivers out on the road.
Additionally, if a driver who is intoxicated is involved in an accident, he or she faces stiff criminal charges and fines in addition to the responsibility of paying for the damage from the accident.
El Paso police are taking action in the face of the disturbing trend of the rise in drunk driving accidents in the area. However, they know that DWI arrests alone will not curb the problem and that people need to make the choice not to get behind the wheel after drinking.
]]>This fact may be especially true for Texans. Texas State Police reported four fatalities related to this past Memorial Day crashes. Two car accidents occurred on I-95. Jose Nuñez died after his car lost control and collided with a concrete barrier, guardrail, tractor-trailer and a light pole. Twenty-seven year old Laura Kavazanjian lost her life when she was thrown from the vehicle in which she was a passenger. Teen Eric Mohamed was killed when his car went off the road and crashed into a tree. Motorcyclist Christopher Corona died when his bike crashed head-on with another vehicle.
Law enforcement responded to 260 traffic accidents during the weekend, many of which resulted in injuries. In one accident, five people were injured when a driver fell asleep at the wheel and slammed into stopped traffic.
]]> Accidents happen for a variety of reasons. Some can be related to driver fatigue, while others involve distractions, impairments, faulty equipment or driver inexperience. Regardless, many accidents are preventable.During the holiday, Texas police issued a number of tickets for riders and drivers in violation of the state's seat belt law. As part of the national Click It or Ticket campaign, officers issued nearly 1,000 tickets for seat belt violations. More than 2,000 tickets were issued for speeding, and 70 drunk-driving arrests were made.
Crash-related deaths cost Americans $41 billion in a year. More than half of these costs are concentrated in only 10 states. Ranked in the elite 10, Texas shoulders $3.5 billion, which is almost 9 percent, of the nation's medical and work-loss costs associated with traffic accidents.
Memorial Day marks the beginning of vacation and accident season. For drivers and their passengers to enjoy safe holiday weekends, each should recognize that wearing seat belts and avoiding driving impaired by either substances or fatigue actually can save lives.
]]>Five chemicals that create effects similar to THC, the high-causing chemical in marijuana, are often sprayed on herbs and sold as incense in gas stations and smoke shops. But, they are rarely used as incense and instead are ingested to replicate the effects of marijuana. These synthetic marijuana products' popularity has grown exponentially, increasing business at smoke shops and eventually catching the attention of law enforcement agencies.
]]> The federal Drug Enforcement Administration banned five chemical varieties found in synthetic marijuana products in November 2010. Under state law, the Texas Department of State Health Services is required to consider banning any substance the DEA has banned, and the DSHS decided to follow suit. The banned chemicals are JWH-018; JWH-073; JWH-200; CP-47,497; and cannabicyclohexanol.The DSHS placed these chemicals on Schedule I of the Texas Schedule of Controlled Substances, which also lists marijuana, cocaine and heroin. It is illegal to possess, sell, distribute or manufacture Schedule I substances in Texas.
Possession of a synthetic marijuana product with one of the five banned chemicals is a Class B misdemeanor, and a conviction could result in jail time of up to 180 days and a fine of up to $2,000. If convicted of selling one of the forbidden chemicals - a Class A misdemeanor - a person could be sentenced to one year in jail and a fine of up to $4,000.
The military has made possession of these substances a court-martial offense, and both the U.S. and Texas legislatures are considering bills that would increase the number of banned chemicals as well as the penalties for possession or sale of them.
If you have been caught with a synthetic marijuana product or face drug charges over these chemicals, promptly contact an experienced criminal defense attorney in your area.
]]>For his protection, Abdullah, like all two-year-old children, was buckled into his car seat while riding in his family's vehicle. His car seat, however, wasn't able to protect him from the suspected drunk driver that slammed into family vehicle at a red light. The accident left little Abdullah severely brain-damaged.
The alleged drunk driver is a seven time offender whose blood alcohol content (BAC) was triple the legal limit at the time of the accident. The criminal process isn't the only way that the alleged drunk driver may have to account for his actions; he may have to answer to Abdullah's family in a personal injury lawsuit.
]]> Civil PenaltiesWhen a drunk driver injures or kills someone, he or she may face more than just criminal penalties. The drunk driver may also have to answer to the injured or the family of the injured or killed in a personal injury or wrongful death lawsuit.
A personal injury or wrongful death lawsuit allows the injured or the family of the injured to seek to recover money for damage done by recovering compensation for medical bills, life-long rehabilitation or care, repair bills, lost wages, and pain and suffering. Depending on the circumstances of the accident, a personal injury or wrongful death lawsuit can be brought against many different parties, including the driver and/or insurance company.
In response to the accident, Abdullah's family has been asking the Texas legislature to pass "Abdullah's Law." This law would increase penalties on repeat drunk drivers who injure others.
If you or a loved one has been injured by a drunk driver, speak with an experienced personal injury attorney about your situation.
]]>May and a coworker, Mariano Pruneda, had been moving a piece of pipe when it fell on top of Pruneda. May was reportedly crushed by another piece of pipe while trying to help Pruneda, who was pinned. Both were taken to Midland Memorial Hospital where May was pronounced dead due to his crush injuries that afternoon and Pruneda's injuries were announced as non-life threatening.
A Helmrich & Payne spokesperson commented that the accident is under investigation by the company. A representative from the Occupational Safety and Health Administration (OSHA) arrived at the drilling rig the day of the accident to begin an investigation on behalf of the Labor Department.
]]> Possible Legal Claims Available to the Victim's FamilyWhen a worker is fatally injured on the job, both civil and criminal lawsuits can be filed against the responsible party. The investigation by the Labor Department acts as the criminal case in this situation, and May's family may file a civil wrongful death lawsuit against the drilling company if they wish to seek compensation for their loss.
This type of suit carries a higher burden of proof than that is required for criminal cases. A valid claim must prove causation and liability concerning the defendant. The plaintiff, in this situation the deceased worker's family, will have to prove that the company had a duty to take certain safety measures to protect workers, that this duty was breached and the breach caused Mr. May's injuries and ultimately his death.
If the family files a wrongful death suit and proves the claim, they may be entitled to receive compensation for loss of their loved one's past and future wages, the deceased's pain and suffering, their mental anguish and loss of companionship. If you have recently lost a loved one and are thinking about filing a wrongful death suit, contact an experienced attorney to help guide you through the complex process.
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