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Losing a loved one is an indescribable pain, made even more overwhelming when the loss is sudden and unexpected. If your spouse or parent has been killed in an 18-wheeler accident in San Antonio or El Paso, you may be feeling lost, confused, and unsure of what steps to take next. One important consideration is whether a wrongful death lawsuit is appropriate, and understanding this process can help you make informed decisions during this difficult time. What Is a Wrongful Death Lawsuit? A wrongful death lawsuit is a civil legal action brought by the family members of someone who has died due to the negligence, recklessness, or intentional actions of another party. These lawsuits aim to provide financial compensation for the losses and suffering endured by the deceased's family. Generally, to bring a wrongful death suit, you need to prove that another party's negligence or recklessness caused your loved one’s death. This often involves showing that: The at-fault party owed a duty of care to your loved one. The at-fault party breached that duty through negligence or reckless actions. This breach directly caused your loved one's death. You have suffered damages as a result of your loved one's death. Wrongful Death in Context with Texas' Modified Comparative Negligence Laws In Texas, the modified comparative negligence doctrine allows a party to recover damages as long as they are not more than 50% at fault for the accident. This means that if you are considering bringing a wrongful death suit after losing a family member in an 18-wheeler or other trucking accident, your compensation could be reduced by the percentage of fault attributed to your deceased loved one. You may not be eligible for any damages if they are found to be more than 50% responsible for the accident. Who Are Potentially Liable Parties? Identifying legal liability is critical to determining against whom you can file a wrongful death suit. In the case of trucking accidents, this can be complicated as it is not always the driver who is solely at fault; there are situations in which multiple parties, such as the trucking company, manufacturer, or maintenance provider, may share responsibility. In 18-wheeler accidents, multiple parties may share legal liability for an accident, including: The truck driver: If the driver was tired, distracted, or under the influence of drugs/alcohol, they could be held responsible. The trucking company: Companies are often liable for failing to maintain vehicles properly, not adhering to safety regulations, or pressuring drivers to meet unrealistic deadlines. Manufacturers: If a mechanical failure or defective part, such as brake failure or tire blowout, contributed to the accident, the manufacturer might be held accountable. Loading Companies: Incorrectly loaded or overloaded trucks can cause accidents, making the loading company potentially liable. Governmental agencies or municipalities may also bear some responsibility. For example, if the accident was caused or worsened by poor road conditions, such as potholes or inadequate signage, the entity responsible for road maintenance could also bear responsibility for the incident. How Can an Attorney Help? If you've lost a loved one in an 18-wheeler accident in San Antonio or El Paso, consulting an attorney is a crucial step to understand your options and seek justice for your loss. An experienced attorney can help you determine if another party's negligence caused your loved one's death and guide you through the process of seeking compensation. In a wrongful death lawsuit, you may seek several types of compensation, including: Medical expenses Funeral and burial costs Loss of income Loss of companionship Pain and suffering Don't hesitate to reach out to a legal professional like Law Offices of Ruben Ortiz for support during this challenging time. We understand that dealing with the loss of a family member is overwhelming. We are here to help you understand your legal rights and options so that you can focus on your family. Contact us online today to schedule a consultation with one of our attorneys serving San Antonio or El Paso.

Car accidents can have devastating consequences, leaving victims with physical injuries and emotional trauma. Understanding the common injuries that can result from a car accident is crucial for both victims and their loved ones. In this blog post, we will explore the most informative and applicable information about common car accident injuries. Whiplash Whiplash is one of the most prevalent injuries resulting from car accidents, especially in rear-end collisions. This injury occurs when the neck suddenly jerks forward and then backward, causing damage to the soft tissues in the neck. Symptoms may include neck pain, stiffness, headaches, and even cognitive issues. Whiplash can take days or weeks to fully manifest, so it's essential to seek medical attention after any accident. Broken Bones Fractured bones are another common consequence of car accidents, often due to the impact of the collision or the body's attempt to brace against it. Bones commonly broken in accidents include the wrists, arms, legs, and ribs. These injuries require prompt medical attention, as untreated fractures can lead to complications. Traumatic Brain Injuries (TBIs) Head injuries can range from mild concussions to severe traumatic brain injuries. Even seemingly minor accidents can result in TBIs, which may not manifest symptoms immediately. Symptoms include confusion, memory problems, mood swings, and headaches. Seeking immediate medical evaluation is crucial to prevent long-term damage. Soft Tissue Injuries Aside from whiplash, car accidents can cause various soft tissue injuries, including contusions, strains, and sprains. These injuries can lead to significant pain and discomfort, and they may take time to heal fully. Back Injuries The force of a collision can also lead to back injuries, such as herniated discs or spinal cord injuries. Symptoms may range from localized pain to numbness and tingling in the extremities. These injuries can have lasting consequences, affecting a person's mobility and quality of life. Post-Traumatic Stress Disorder (PTSD) Physical injuries are not the only fallout from car accidents. Many survivors experience emotional trauma, including PTSD. Flashbacks, nightmares, anxiety, and depression are common symptoms. It's essential to seek therapy and support to address these emotional scars. Internal Injuries Internal injuries can be life-threatening and may not be immediately apparent after an accident. They can include damage to organs like the liver, spleen, or kidneys. Signs of internal injuries may include abdominal pain, bruising, or bleeding. Seeking medical help promptly is vital to prevent complications. Burns and Lacerations In cases where a car catches fire or there is significant impact, burns and lacerations can occur. These injuries can lead to long-term scarring and may require extensive medical treatment and rehabilitation. Seat Belt Injuries While seat belts save lives, they can also cause injuries. In a severe collision, the force of the seat belt can result in bruising, chest injuries, or abdominal trauma. These injuries are generally less severe than the alternative—ejection from the vehicle. Airbag Injuries Airbags deploy rapidly to protect passengers, but they can cause injuries like burns, abrasions, or even broken bones upon impact. Seeking Justice and Support Car accidents can cause a wide range of injuries, both visible and invisible. Understanding these common injuries and their implications is essential for victims to seek the necessary medical care, rehabilitation, and legal support. If you or a loved one has been injured in a car accident, the Law Offices of Ruben Ortiz, PLLC are here to help. Our experienced team will fight for your rights, ensuring you receive the compensation you deserve. Contact us today to schedule a consultation.

Truck accidents can have devastating consequences, often resulting in severe injuries, property damage, and even fatalities. While car accidents are undoubtedly dangerous, the unique characteristics of truck accidents make them even more hazardous. Understanding these differences is crucial for anyone involved in a truck accident, as it can help protect their rights and ensure they receive the compensation they deserve. In this blog post, we will explore the factors that make truck accidents more dangerous than car accidents. 1. Size: Let's start with the most apparent factor: size. Trucks are massive, towering over cars with their colossal frames. A typical tractor-trailer can weigh up to 80,000 pounds, while a standard car usually weighs around 3,000 pounds. When these two collide, it's easy to see why the consequences can be catastrophic. The sheer mass of a truck translates into greater force upon impact, resulting in severe damage to smaller vehicles and their occupants. 2. Longer Stopping Distances: Another crucial factor contributing to the danger of truck accidents is their longer stopping distance. Due to their immense weight, trucks require more time and distance to come to a complete stop. This means that when a truck driver needs to hit the brakes suddenly, they may not be able to avoid a collision with a smaller vehicle. The outcome can be devastating, often leading to multi-vehicle pileups. 3. Limited Maneuverability: Trucks are not as nimble as cars. They have limited maneuverability due to their size and weight, making it challenging for truck drivers to navigate through traffic, especially in tight spaces or during sudden lane changes. This reduced agility increases the risk of accidents, particularly in congested urban areas. 4. Blind Spots: Trucks have significant blind spots, which are areas around the vehicle that the driver cannot see in their mirrors. These blind spots, also known as "no-zones," pose a serious threat to smaller vehicles. If a car is traveling in a truck's blind spot, the truck driver might not be aware of their presence, leading to potentially deadly accidents when the truck changes lanes or makes a turn. 5. Fatigue and Long Hours: Truck drivers often work long hours, covering vast distances to meet tight delivery schedules. This extended time behind the wheel can lead to driver fatigue, impairing a truck driver's ability to react quickly and make sound decisions. Fatigue-related accidents can be particularly dangerous because they often result in high-speed collisions. 6. Cargo Hazards: Trucks often carry hazardous cargo, such as chemicals or flammable materials. In the event of an accident, the cargo can spill or ignite, causing additional dangers and complications for both the occupants of the vehicles involved and nearby bystanders. 7. Differential Speeds: Truck accidents are more dangerous than car accidents because of the significant speed differentials between trucks and other vehicles. Trucks, especially on highways, can travel at much higher speeds than the average car. When a collision occurs at high speeds, the energy involved in the crash is much greater, leading to more severe injuries and damage. 8. Inadequate Maintenance: Truck maintenance is crucial for safe operation, but not all trucking companies prioritize it. When trucks are not adequately maintained, mechanical failures can occur on the road, increasing the likelihood of accidents. Brake failures, tire blowouts, and engine malfunctions can all contribute to hazardous situations. Truck accidents pose unique dangers that require a comprehensive understanding of the risks involved. If you or a loved one have been involved in a truck accident, it is crucial to seek legal representation from experienced professionals who specialize in truck accident cases. At Law Offices of Ruben Ortiz, PLLC, we have a proven track record of successfully representing clients in truck accident cases, ensuring their rights are protected and they receive the compensation they deserve. If you need assistance or have any questions regarding truck accidents, please contact us. Our team is ready to provide you with the guidance and support you need during this challenging time.

At the Law Offices of Ruben Ortiz, we understand the devastating impact that 18-wheeler accidents can have on individuals and their families. These accidents often result in serious injuries, property damage, and emotional trauma. If you or a loved one have been involved in such an accident, it is crucial to take immediate action to protect your legal rights. This blog post will outline the essential steps you should take after an 18-wheeler accident in Texas. Ensure Your Safety and Seek Medical Attention Your safety should always be your top priority. If you can, move safely away from traffic and potential hazards. Call emergency services for medical assistance if you or anyone involved in the accident has sustained injuries. Even if you believe your injuries are minor, it is essential to seek medical attention. Some injuries may not be immediately apparent, and a medical professional can adequately assess your condition. Report the Accident Contact the local law enforcement authorities to report the accident. This step is essential, as an official accident report can provide crucial documentation for your insurance claim and any potential legal action. Cooperate with the police and provide accurate and detailed information about the accident to the best of your ability. Gather Evidence Preserving evidence is vital in establishing liability and proving the extent of damages. If you can physically document the accident scene by taking photographs or videos of the vehicles involved, any visible injuries, skid marks, road conditions, and traffic signs. Collect the contact information of any witnesses who saw the accident. Also, note the truck's license plate number, company name, and driver's information. Seek Legal Representation Contact an experienced personal injury attorney specializing in 18-wheeler accidents as soon as possible. The legal process surrounding truck accidents can be complex, and having a knowledgeable attorney can significantly improve your chances of obtaining fair compensation. At the Law Offices of Ruben Ortiz, our dedicated team has extensive experience handling these cases and will work tirelessly to protect your rights and pursue the compensation you deserve. Notify Your Insurance Company Notify your insurance company about the accident as soon as possible. Cooperate with their investigation, but be cautious when providing statements or signing documents without legal counsel. Insurance companies may try to minimize liability and offer settlements that do not adequately cover your damages. Having an attorney by your side can help protect your rights during this process. Document Damages and Expenses Keep detailed records of all accident-related expenses, including medical bills, vehicle repair costs, prescription medications, physical therapy sessions, and other out-of-pocket expenses. This documentation will help establish the full extent of your damages and support your compensation claim. Avoid Discussing the Accident on Social Media In today's digital age, being cautious about what you post on social media platforms is crucial. Insurance companies and defense attorneys often scour social media accounts for any information that can be used against you. Refrain from discussing the accident or posting any details, pictures, or videos related to the accident until your case is resolved. Being involved in an 18-wheeler accident can be a life-altering event. However, taking the proper steps after the incident can protect your legal rights and increase your chances of obtaining fair compensation. You can navigate the complex legal process more effectively by ensuring your safety, seeking medical attention, preserving evidence, seeking legal representation, notifying your insurance company, documenting damages and expenses, and avoiding social media discussions. At the Law Offices of Ruben Ortiz, we are dedicated to helping accident victims in Texas secure the justice and compensation they deserve. Contact the Law Offices of Ruben Ortiz firm today to discuss your case and learn more about your legal options!

At the Law Offices of Ruben Ortiz, personal injury cases can be complex and challenging. One of the crucial aspects of pursuing a successful personal injury claim is proving negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm or injury to another person. This blog post will explore the key elements to consider when proving negligence in personal injury cases. Duty of Care The first element in establishing negligence is demonstrating that the defendant owed a duty of care to the plaintiff. Duty of care refers to the legal obligation to act reasonably and prevent harm to others. For example, drivers must follow traffic laws and operate their vehicles safely. Doctors have to provide a standard level of care to their patients. By establishing a duty of care, we can show that the defendant was responsible for acting in a certain manner. Breach of Duty Once the duty of care is established, the next step is to prove that the defendant breached that duty. Breach of duty occurs when the defendant fails to meet the standard of care expected in a particular situation. This can involve reckless driving, medical malpractice, or failure to maintain safe premises. We gather evidence, review expert opinions, and consult relevant laws and regulations to demonstrate that the defendant's conduct fell below the acceptable standard. Causation Causation is a critical element in proving negligence. It requires establishing a direct link between the defendant's breach of duty and the plaintiff's injuries. There are two types of causation: actual cause and proximate cause. The actual cause, also known as "but-for" causation, means that the injury would not have occurred without the defendant's actions. Proximate cause refers to the foreseeability of the harm caused by the defendant's breach of duty. Our team diligently investigates the facts and works with expert witnesses to establish a strong causal connection between the defendant's actions and the injuries sustained by our clients. Damages To successfully prove negligence, it is essential to demonstrate that the plaintiff suffered actual damages due to the defendant's breach of duty. Damages can include physical injuries, emotional distress, medical expenses, lost wages, and other losses. Our experienced attorneys work closely with medical professionals, economists, and other experts to assess the full extent of our client's damages. We compile comprehensive documentation and evidence to support our client's claims for compensation. Comparative Negligence In some personal injury cases, the defense may argue that the plaintiff contributed to their injuries through negligence. This is known as comparative negligence or contributory negligence. Depending on the jurisdiction, comparative negligence laws may reduce the compensation the plaintiff can receive based on their percentage of fault. Our firm is well-versed in handling cases involving comparative negligence and employs effective strategies to minimize the impact of such arguments on our client's claims. Proving negligence in personal injury cases requires a thorough understanding of the legal principles and a meticulous approach to gathering evidence and presenting a compelling case. The Law Offices of Ruben Ortiz has a proven track record of successfully representing clients in personal injury cases and fighting for their rights. Contact the Law Offices of Ruben Ortiz today if you or a loved one has been injured due to someone else's negligence!

Boating is a popular recreational activity in El Paso, Texas, and across the United States. However, accidents can and do happen, and when they do, it's essential to know your rights and the steps to take to pursue compensation for boating injuries. In this comprehensive guide, we will discuss the legal process of seeking compensation for boating injuries, from gathering evidence to negotiating with insurance companies and, if necessary, taking your case to court. 1. Understand the Legal Basis for Your Claim Boating accidents can result from various factors, including operator negligence, equipment failure, or hazardous water conditions. To pursue compensation for your injuries, you must first establish the legal basis for your claim. This typically involves proving that another party's negligence or recklessness caused the accident and your injuries. Some common examples of negligence in boating accidents include: Operating a boat while under the influence of alcohol or drugs Failure to follow boating safety regulations Speeding or reckless operation of the vessel Failure to maintain the boat or its equipment properly It's crucial to familiarize yourself with the boating laws and regulations in your area to understand your rights and the potential liability of other parties involved in the accident. 2. Gather Evidence to Support Your Claim After determining the legal basis for your claim, you'll need to gather evidence to prove negligence and the extent of your injuries. This may include: Photographs or videos of the accident scene and any damage to the boat(s) involved Witness statements from other boaters or passengers who saw the accident Medical records and bills documenting your injuries and treatment Records of any lost wages due to your injuries The more evidence you have, the stronger your case will be when negotiating with insurance companies or presenting your case in court. 3. File a Claim with the Appropriate Insurance Company Once you have gathered evidence to support your claim, you'll need to file a claim with the appropriate insurance company. This may be the at-fault party's insurance provider or your own, depending on the circumstances of the accident. It's essential to understand your insurance policy and any applicable coverage limits, as this will affect the amount of compensation you may be able to recover. 4. Negotiate with the Insurance Company After filing a claim, the insurance company will likely make an initial settlement offer. It's crucial to remember that insurance companies are in the business of making money and will often try to settle for less than your claim is worth. To ensure you receive fair compensation, it's essential to work with an experienced boating injury attorney who can negotiate on your behalf and fight for the compensation you deserve. 5. Take Your Case to Court, If Necessary In some cases, it may be necessary to take your boating injury case to court to recover fair compensation. This can be a complex and time-consuming process, but with the help of a skilled attorney, you can present a strong case and increase your chances of success. At the Law Offices of Ruben Ortiz, we understand the challenges and complexities of pursuing compensation for boating injuries. Our team of experienced attorneys is dedicated to helping you navigate the legal waters and fighting for the compensation you deserve. If you or a loved one has been injured in a boating accident, don't hesitate to contact us today for a free consultation.

Driving under the influence (DUI) is a serious offense in Texas, and those charged with this crime face severe penalties. If you or a loved one has been charged with a DUI, it is crucial to understand the potential consequences and legal options available to you. In this comprehensive guide, we will explore common DUI penalties in Texas, as well as provide tangible tips and resources to help navigate the legal process. 1. Understanding the DUI Penalties in Texas In Texas, DUI penalties are determined by several factors, including the driver's blood alcohol concentration (BAC), previous DUI convictions, and whether the incident resulted in injury or death. Some common DUI penalties in Texas include: Fines: Ranging from $2,000 for a first-time offense up to $10,000 for a third or subsequent offense. Jail time: From 72 hours to 180 days for a first-time offense, and up to 10 years for a third or subsequent offense. License suspension: From 90 days to 2 years, depending on the number of previous convictions. Ignition interlock device (IID) installation: Required for repeat offenders and those with a BAC of 0.15% or higher. Community service: Ranging from 24 to 100 hours, depending on the offense. Alcohol education or treatment programs: Mandatory for all DUI offenders. It is important to note that these penalties can be enhanced if the DUI occurred in a construction or maintenance zone, if the driver had a child passenger, or if the incident resulted in serious bodily injury or death. 2. Legal Options for DUI Offenders If you have been charged with a DUI in Texas, it is essential to seek legal representation as soon as possible. A skilled criminal defense attorney can help you navigate the complex legal process and explore potential defenses, such as: Challenging the accuracy of field sobriety tests or breathalyzer results. Questioning the legality of the traffic stop or arrest. Arguing that your rights were violated during the arrest process. Negotiating for reduced charges or alternative sentencing options. By working with a knowledgeable attorney, you can increase your chances of achieving a favorable outcome in your case. 3. Resources for DUI Offenders in Texas Several resources are available to help DUI offenders in Texas understand their rights and navigate the legal process. Some helpful resources include: Texas Department of Transportation (TxDOT): Provides information on DUI laws, penalties, and prevention efforts in Texas. State Bar of Texas: Offers a search tool to help you find a qualified criminal defense attorney in your area. Texas Department of State Health Services (DSHS): Provides information on alcohol education and treatment programs for DUI offenders. Utilizing these resources can help you better understand your legal options and make informed decisions about your case. 4. Seek Legal Representation from the Law Offices of Ruben Ortiz If you or a loved one has been charged with a DUI in Texas, it is crucial to seek legal representation as soon as possible. The experienced criminal defense attorneys at the Law Offices of Ruben Ortiz can help you understand the potential penalties and navigate the complex legal process. Our team is dedicated to providing aggressive representation and achieving the best possible outcome for our clients. Contact us today to schedule a consultation and discuss your legal options.

Field Sobriety Tests (FSTs) are a common tool used by law enforcement officers to determine if a driver is under the influence of alcohol or drugs. However, these tests have been criticized for their lack of accuracy and reliability. In this blog post, we will explore the limitations of FSTs and provide tips on how to challenge their results in your DUI defense. Understanding the Limitations of Field Sobriety Tests Field Sobriety Tests are designed to assess a person's physical and cognitive abilities, which can be impaired by alcohol or drugs. There are three standardized FSTs: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. However, these tests have several limitations: Subjectivity: The results of FSTs are often based on the officer's subjective interpretation of the driver's performance. This can lead to inconsistencies and potential bias. Accuracy: According to the National Highway Traffic Safety Administration (NHTSA), FSTs have an accuracy rate of only 65-77%. This means that a significant number of drivers may be falsely identified as impaired. Medical Conditions: Certain medical conditions, such as neurological disorders, can cause a person to fail an FST even if they are not under the influence of alcohol or drugs. Environmental Factors: Poor weather conditions, uneven surfaces, and inadequate lighting can all affect a person's performance on an FST. Challenging Field Sobriety Test Results in Your DUI Defense If you have been charged with a DUI and believe that the results of your FST were inaccurate or improperly administered, there are several ways to challenge the evidence in court: Question the Officer's Training and Experience: In order to administer FSTs properly, officers must undergo specific training. You can question the officer's qualifications and experience in administering the tests, and if they followed the proper procedures. Present Evidence of Medical Conditions: If you have a medical condition that could have affected your performance on the FST, you can present this evidence in court to challenge the results. This may include medical records, expert testimony, or even a demonstration of the condition. Highlight Environmental Factors: If your FST took place in poor conditions, you can argue that these factors contributed to your poor performance. For example, if the test was conducted on an uneven surface or in heavy rain, this could have affected your balance and coordination. Request a Suppression Hearing: If you believe that the officer did not have reasonable suspicion to conduct the FST, you can request a suppression hearing to have the evidence excluded from your case. This may involve arguing that the officer did not follow proper protocol or that the initial traffic stop was unjustified. Seek Legal Representation from a Criminal Defense Attorney Challenging the results of a field sobriety test can be a complex and difficult process. It is essential to have an experienced criminal defense attorney on your side who understands the limitations of FSTs and can effectively argue on your behalf. At the Law Offices of Ruben Ortiz, we specialize in understanding the limitations of field sobriety tests and can help you build a strong DUI defense. Contact us today to schedule a consultation and discuss your case. Our team of skilled attorneys is dedicated to protecting your rights and ensuring that you receive the best possible outcome in your DUI case.

Relationships can take turns, and when they do misunderstandings, disagreements, or worse, can lead to domestic violence with the need for restraining orders. Whether you must file an order or follow one, the situation requires professional help. A supportive, competent attorney is a priceless asset for court proceedings and more. Filing An Order Sometimes, people try to work out differences or manage difficult relationships, but their efforts fall short. Protective orders (restraining orders in some states) empower a violence victim to keep an abuser at a distance and call the police if the abuser violates that demand. Emergency Protection Orders are short-term rulings for special cases, such as when police must remove an aggressor from an establishment. Common grounds for restraining orders include: Domestic violence and spousal abuse Threats of abuse and stalking behaviors Repeated violence or abuse leading to an arrest Medical treatment and hospitalizations for assorted injuries An attorney is useful in court to represent victims who are naturally shaken and possibly injured. It is best for all parties to have attorneys coordinate legal paperwork, submit evidence, and argue on their clients' behalves. Following An Order When mistakes and poor judgment lead you to receive a restraining order, you must overcome regret and confusion to protect your rights. You also need to manage the risks of losing access to your children if they are in the middle of the matter. Refusing to follow the order's terms could lead you to arrest, jail time, and loss of credibility. Don’t Speak to the Plaintiff Unfortunately, police do make mistakes, and alleged victims can lie. Police have walked head-on into a domestic dispute and, in the heat of the moment, determined the incorrect aggressor. Although it may not happen often, disgruntled spouses and partners have retaliated with false accusations of abuse. You Deserve Justice An experienced litigator who is informed on Texas family law statutes will build your case, present appropriate evidence, and clear up false criminal allegations. Fair criminal defense attorneys also help clients manage particulars the order affects. These include: Access to your home, vehicle, and belongings if shared with the plaintiff Firearm, ammunition, and weapons removals or reclamation Visitation, custody and financial support for children Employment negotiations, if you work with the plaintiff Contact the El Paso Law Offices of Ruben Ortiz at (915) 308-8850 for expert family law and protective order attorneys. A free consultation begins your fresh start to protecting yourself, your freedoms, and your future.

If a person is pulled over by a police officer and found to be impaired while driving, they may be required to submit to sobriety tests. Driving while under the influence of alcohol and drugs can result in a driving while intoxicated, or DWI, charge and possible conviction. In Texas, this includes individuals who are impaired due to marijuana use. What Penalties Can You Face for a Marijuana DWI? Law enforcement has found that there are more people who are testing positive for marijuana while behind the wheel. At the same time, the rules set in place for determining that a person has committed a marijuana DWI are not as definitive as those for an alcohol DWI. Unfortunately, this means there may be charges against a person that are unwarranted, and a savvy defense attorney can contest them. It’s important to understand the consequences of a marijuana DWI. There are specific penalties for drivers who are found to be intoxicated while behind the wheel, which include the following: A minimum of three days to a maximum of 180 days in prison and a fine of up to $2,000 for a first offense Thirty days to one year of a prison term and a fine of a maximum of $4,000 for a second offense Two to 10 years in prison and a fine of up to $10,000 for a third offense Unreliable Testing Generally speaking, there are various types of testing law enforcement officers can administer to calculate a person’s blood alcohol concentration, or BAC. If their BAC is 0.08 percent or higher, the individual is considered intoxicated and breaking the law if they are driving. With marijuana in play, THC is measured instead, but there are certain issues with this type of testing, including the following: There is no official breath test to calculate THC levels, so blood or urine tests are required instead If a test is positive, it doesn’t necessarily mean the person recently used marijuana, as THC can remain for weeks in the blood There is no specific level of THC that determines a person is impaired What Law Enforcement Looks For As a result of the inaccuracy of marijuana tests for DWI, the prosecutor tends to trust the word of the law enforcement officer instead. While officers don’t have training on how to identify impairment from marijuana as they do with alcohol, there are certain things they look for. They include the following: Bloodshot eyes Dilated pupils Delayed reaction Increased heart rate In spite of these factors, it’s not uncommon for these cases to be thrown out due to these symptoms matching with other conditions that have nothing to do with impairment. The truth is that many law enforcement officers simply cannot absolutely determine whether someone is truly under the influence of marijuana. If you have been arrested for a marijuana DWI, contact the Law Offices of Ruben Ortiz at your earliest convenience.

Domestic violence is a global epidemic. In fact, according to 2018 statistics, roughly 10 million men and women in the US alone are victims of domestic violence annually. Abusive relationship dynamics are a detriment to both the victims and society as the numbers continue to grow. However, just as there are many legitimate domestic violence cases, there are also many false claims filed each year. This is why it’s important to understand how to properly gather evidence to protect your rights in the event that you find yourself wrongly accused. Defining Domestic Violence Domestic violence typically involves abuse between people in an intimate relationship but also can be violence towards a child or among siblings. Domestic disputes impact every demographic and can be charged as either a misdemeanor or a felony. What Counts as Domestic Abuse Evidence? Domestic violence is an umbrella term with subcategories, including verbal, sexual, emotional, and physical abuse. If the victim works, withholding finances can also be considered domestic abuse. Domestic violence can be committed by both parties, which is known as common couple violence. Violence resistance, also known as “self-defense,” is a common case that also requires proof in court. Gathering Necessary Evidence Proper documentation determines if there’s a solid case or opinion-based testimony. Without proper evidence, a domestic violence case may never come to fruition. This also means that if you’ve been wrongfully accused of domestic violence, the victim must present proper evidence to support their claims. Standard evidence includes: Harassment via email/text message Incriminating Facebook posts Pictures of bruises or broken items Domestic related medical records Police reports The Law Offices of Reuben Ortiz Can Help For countless years, our team of experienced El Paso criminal defense attorneys has been helping those who have been wrongfully accused protect their rights. At the Law Offices of Ruben Ortiz, we know how to build a strong case to help protect your freedom. If you’ve been wrongfully accused of domestic violence, time is of the essence. Give our team a call today (915) 308-8850 to learn more about how we can help with your situation over a free consultation.

Domestic violence can create emotional and legal chaos for families. If you have been the victim of domestic violence or are the accused, the criminal defense attorneys at the Law Offices of Ruben Ortiz are available to help. Why You Need an Attorney in a Domestic Violence Case It is always a good policy to have legal representation whenever you have to be involved with the police or court system. Whether you have been the victim of domestic violence or are the accused, having an attorney during police questioning can help you navigate the system. Virtually anyone who encounters police questioning can benefit from the protection of an experienced lawyer at their side. Remember, it is best to contact a defense attorney as soon as possible so that you are represented throughout the process. Victims and the Accused Benefit from Criminal Defense Representation When you have been accused of domestic violence with or without sexual assault, you often will face police questioning. An experienced defense attorney can help protect you at this point from insensitive or abusive interrogation. If charges are brought against the abuser, an experienced lawyer in your corner can be a buffer between you and an aggressive district attorney. As a victim, skilled criminal defense attorneys have your best interest at heart and know how to work with determined prosecutors. From initial questioning to seeking restraining orders, veteran defense lawyers are necessary to ensure that your rights as the victim are honored. On the other hand, if you have been accused and arrested for domestic violence, you also need strong legal representation. When you are arrested, it is vital to remember that anything you say in answer to police questions can be used against you during court procedures. As the accused, before you answer any questions, it is your right to be represented by an attorney. A qualified, experienced criminal defense lawyer can push to have charges dropped, present your case in court, and try to prevent restraining orders from being implemented. The Benefits of an Experienced Criminal Attorney Veteran criminal defense lawyers are knowledgeable about state law pertaining to domestic violence. They also are familiar with local courts and have experience working with local prosecutors. All these factors are to your advantage when you need legal representation. To protect your rights and receive the justice you deserve, contact the Law Offices of Ruben Ortiz at (915) 308-8850 for a free consultation.