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Recent Blog Posts
Negligent Hiring Practices Can Lead to Preventable Truck Accidents
Being a commercial truck driver is not an easy job. Drivers are required to operate massive vehicles in all different types of weather and road conditions. They are asked to work unpredictable schedules, and often drive for very long stretches of time. Commercial trucking companies have a duty to ensure that their drivers are capable of safely doing this demanding job.
Negligent hiring and training practices can lead to unqualified drivers behind the wheel of 18-wheelers and other large trucks. In some cases, the consequences of this negligence lead to catastrophic truck accidents.
Examples of Negligence When Hiring and Training Commercial Truck Drivers
When hiring and training drivers, trucking companies should exercise due diligence and make sure they are only hiring qualified individuals. Unfortunately, this does not always happen. Some common examples of negligent hiring and training practices include:
How Can Blood Test Chain of Custody Issues Affect Your DWI Case?
Blood alcohol concentration (BAC) is the measure of alcohol in a person's bloodstream. The two most common ways of measuring BAC in a Texas drunk driving case are breath tests and blood tests. However, for a chemical BAC test to be reliable, there must be an accurate chain of custody.
Chain of custody is the careful tracking and recording of evidence from its collection to its presentation in court. It must be proven that a blood sample was not contaminated or tampered with in any way between the time it was taken and when it arrived at the laboratory for testing. If there are any gaps in this chain of custody, then the evidence may be considered inadmissible.
If you or someone close to you has been accused of driving while intoxicated (DWI), make sure you understand how chain of custody issues can influence your case. It may be possible to get the charges dropped or secure an acquittal if a blood alcohol test was not handled correctly.
5 Steps to Immediately Take if You Were Accused of Sexual Assault in Texas
If you or a loved one have been accused of sexual assault or another sex crime, you may understandably be anxious and unsure how to handle the situation. Sex-related criminal offenses often carry especially harsh criminal penalties, not to mention the substantial damage such an accusation can do to one's personal and professional reputation.
Sexual assault is a felony criminal offense in Texas, and those convicted of sexual assault can face up to twenty years in prison. To increase your chances of avoiding conviction and the life-changing consequences that come with a conviction, take the following steps immediately.
Remain Silent and Do Not Talk to the Police
When you are questioned by police or other law enforcement officers, you have the right to remain silent and refuse to answer any questions without a lawyer present. You should politely decline to answer any questions until you have had an opportunity to consult with an experienced criminal defense attorney.
Who Pays for Damages in a Multi-Vehicle Crash or Pileup?
Multi-vehicle collisions or pileups are often especially complex from a legal perspective. For example, if a vehicle is rear-ended by another vehicle and the force of the impact causes that vehicle to strike a third vehicle, who is at fault? Does the driver of the second vehicle have to pay for the third vehicle's repairs? Is the driver of the first vehicle responsible for all of the damages? Is there some way of sorting out the responsibility among multiple parties?
If you or a loved one were injured in a crash involving multiple vehicles, consider reaching out to a car crash injury lawyer for help. You may have a legal claim against one or more of the involved parties. Your lawyer can explain the law and help you determine who is responsible for your medical bills, vehicle repairs, and other costs related to your accident. In some cases, you may be able to file a lawsuit if negotiations with other parties fail.
What You Should Know About Stalking Charges in Texas
Have you been charged with stalking in Texas? If so, it is important to understand the charges and how to navigate the legal process. In this blog post, we will discuss what constitutes stalking in Texas, the potential penalties for a stalking conviction, and the steps you should take if you are arrested for stalking.
What is Considered Stalking in Texas?
In Texas, a person can be charged with stalking if they commit two or more of certain acts (including following someone in public or online) with intent to harass or intimidate another person. Additionally, these acts must cause substantial emotional distress to the other person. It is important to note that it does not matter whether the stalker intended to cause distress; only that they did cause the other person distress.
The Potential Penalties for a Conviction
If convicted of stalking, a defendant may face serious consequences including fines of up to $10,000 and a jail sentence of two to ten years. Additionally, a defendant may be required to attend counseling or anger management classes and may also be placed on probation for an extended period of time. A second conviction for stalking is punished even more harshly and has a maximum prison sentence of 20 years.
What Happens if You Are Caught with Marijuana Cartridges in Texas?
Marijuana or cannabis may be consumed in several different ways. Marijuana vaporizers or “vapes” have become increasingly popular in states that allow medical or recreational use of THC products.
In Texas, cannabis, marijuana, and THC remain illegal. Penalties for possession of cannabis products can be significant – especially if the product contains THC concentrate. If you or a loved one are facing criminal charges for marijuana possession, cultivation, or distribution, make sure to work with an experienced drug crime defense lawyer.
THC Vapes and Cartridges Can Lead to Felony Charges
With so many states changing drug laws, it can be hard to keep up to date about what is legal. Texas has some of the most restrictive laws regarding marijuana use. Texas law also classifies marijuana “flower” or plant material differently than it classifies products containing THC concentrate. Possession of THC oil cartridges or “carts” that are used in vaporizers carries especially harsh penalties.
Gathering and Preserving Evidence in an 18-Wheeler Accident
Auto accidents involving 18-wheelers often lead to catastrophic injuries and substantial financial loss. Individuals who are injured in commercial truck accidents may be able to recover financial compensation for their losses, but building a successful claim is not easy. The trucking company and its insurer will do everything possible to avoid a large payout. Gathering and preserving supportive evidence is crucial to developing a robust case for compensation.
Demonstrating Negligence, Liability, Causation, and Damages
The main elements of a truck accident claim include duty, breach of duty, causation, and damages. Truck drivers have a duty to follow FMCSA regulations and traffic laws and to drive in a safe, responsible manner. Similarly, trucking companies have a duty to follow the law, properly vet employees, and maintain safe vehicles. In order to prove negligence, a truck accident attorney must establish that the truck driver or company breached their duty of care and that breach caused the accident and resulting injuries.
Can I Get My License Back After a DWI?
In Texas, driving while intoxicated (DWI) charges can lead to criminal penalties, including fines, community service, or even jail time. However, for many people, these are not the worst of the consequences. A DWI arrest is also punishable by driver's license suspension. Once someone's license is suspended, driving any vehicle is against the law. Considering many people rely on their driving ability to get to and from work, fulfill everyday responsibilities, and care for family members, a suspended license can have a devastating effect on their lives. Fortunately, it may be possible to get your license back after a DWI in Texas.
Driver's License Suspensions in Texas
Many people do not realize that they can lose their license even if they are not convicted of drunk driving. The mere act of failing a breathalyzer can lead to a 90-day license suspension. If the police ask you to take a breath test but you refuse, the penalty is a 180-day license suspension.
What Should I Do If There is a Warrant Out for My Arrest?
Few circumstances produce the anxiety associated with being wanted by the police on suspicion of criminal activity. An arrest warrant allows the police to arrest you at any time and you have no way of knowing when it will happen. You could be pulled over for a minor infraction like speeding when the police realize there is a warrant for your arrest and promptly place you in handcuffs. Or, you could visit the courthouse for a completely unrelated reason and then find yourself being arrested in front of everyone. An unexpected arrest like this can feel like an ambush. It is usually inconvenient, upsetting, and embarrassing to be arrested without any forewarning.
A jail walk-through is an alternative option for individuals with a warrant out for their arrest. The defendant essentially turns himself or herself in to the police before the police find and arrest him or her. If there is a warrant out for your arrest, you may want to consider a jail walk-through.
How Can I Get My Driver’s License Back After a DWI?
In Texas, drunk driving is punishable by both criminal penalties and administrative consequences. If you were convicted of driving while intoxicated (DWI), the state can take your driver’s license away. Once your license is suspended, you are not allowed to drive. Diving any vehicle with a suspended driver’s license could lead to further criminal charges. If you lost your license because of a DWI, you may be able to reinstate your license and regain your legal ability to drive.
Steps to Take to Reinstate Driving Privileges After a Suspension
Each DWI case is different and the exact steps you must take to get your license back depend on the circumstances of your DWI offense, criminal history, and other factors. If you were convicted of DWI, you must pay reinstatement fees and submit paperwork to the Texas Department of Public Safety proving that they have taken the required steps. Many people accused of drunk driving or driving under the influence of drugs must complete an alcohol and drug education program. They may also be required to install an ignition interlock device on their vehicle. This device is like the breathalyzer or breath test used during a traffic stop. The driver blows into the device and the device measures the amount of alcohol on the driver’s breath. If the device detects alcohol, the vehicle will not start. If the device does not detect any alcohol on the driver’s breath, the car will start up normally.
