Archive for January, 2016

Texas DWI Defense Attorney Discusses a Rare Medical Cause of Elevated Blood Alcohol

Saturday, January 30th, 2016

Sometimes, the facts of a DWI case indicate that something out of the ordinary is going on. Fortunately, attorneys who dedicate a substantial portion of their practice to DWI defense have enough experience with the types of things that often occur before, during, and after a DWI arrest, so they are often able to spot unusual circumstances quickly and investigate them further.

For example, a woman in New York was admitted to the hospital after taking a breathalyzer test that registered her blood alcohol at four times the legal limit. However, the hospital wanted to release the woman soon after she was admitted because she was not exhibiting any symptoms that required medical attention. Ordinarily, a person with a blood alcohol level that high would be rather ill.

Fortunately, the attorney who represented the woman noticed that the facts of her case did not seem to make sense. He investigated possible causes of high blood alcohol levels without accompanying symptoms, and he found that a rare medical condition called auto brewery syndrome or gut fermentation syndrome does just that.

The woman’s unusual blood alcohol level was closely examined, thanks to to the efforts of her husband, who urged doctors to do additional testing, and her attorney, who hired medical professionals to monitor her and test her blood alcohol level at regular intervals for a period of twelve hours. Instead of decreasing as time passed since the woman had had her last drink of the evening, her blood alcohol increased over time. That pattern of increasing blood alcohol over time is consistent with what happens when an individual with auto brewery syndrome consumes food or drink, because abnormal amounts of gastrointestinal yeast convert the carbohydrates from the things that they ate or drank into ethanol, which is alcohol.

Since something unusual was going on in the woman’s DWI case, her attorney had to build a defense case that would explain what auto brewery syndrome is, and, even more importantly, that that was the reason why his client’s blood alcohol level was as high as it was at the time that she was arrested. The attorney brought a pharmacologist to court, and the pharmacologist explained how alcohol would be metabolized by a woman of the same size and weight as the defendant. That information was presented along with the information that had been gathered from the defendant’s blood tests, which showed that the drinks that she had consumed were not metabolized in a normal way. The end result is that the evidence of what happened with the woman’s blood alcohol, along with the explanation for why it had happened, which is because she suffers from a rare medical condition, led to dismissal of her DWI charges.

Texas DWI Defense Attorney Alex Tyra – Your Source For Comprehensive Defense

If you have been charged with DWI in Texas, you do not have to navigate the road ahead of you alone. A seasoned defense attorney can build the strongest possible case on your behalf. Texas DWI Defense Attorney Alex Tyra has helped DWI defendants in many different types of circumstances. If you have questions about your DWI, call us today, at (903) 753-7499.


Texas Criminal Defense Attorney Explains the Crime of Human Trafficking

Wednesday, January 20th, 2016

Texas has recently dedicated a team of ten professionals to the task of investigating and prosecuting human trafficking. It has been said that Texas has the second biggest human trafficking problem in the United States. Only California is reputed to have more incidents of human trafficking per year. The crime of human trafficking gets a lot of attention as it relates to sex crimes, but forced labor is also part of the problem. Some industries, such as mining, construction, agriculture, and seafood, are implicated in many incidents of human trafficking each year.

Human trafficking is a crime in Texas, as set forth in Sec. 20A.02. and Sec. 20A.03. of the Texas Penal Code. A person can commit the offense of trafficking of persons in one of a number of ways. One way that the offense can be committed is when a person knowingly transports, entices, recruits, harbors, provides, or otherwise obtains another person with the intent that that other person engage in forced labor or services including, but not limited to, forced labor or services, child labor, or prostitution. Other ways that people engage in human trafficking are by receiving a benefit from participating in a venture that involves any sort of activity involving a person who has been trafficked, or by engaging in sexual activity with a person who is being trafficked.

The continuous trafficking of persons is a separate offense, and it is described under Section 20A.03 of the Texas Penal Code. This offense requires a person to have engaged in two or more incidents of any of the types of conduct that are described in 20A.02., against one or more victims during a period of thirty days or more.  In Texas, human trafficking is often a felony of the second degree. It can constitute a felony of the first degree if a child is involved, or if death results. The statute further provides that if conduct that is considered an offense under Sec. 20A.02. is also considered an offense under another section of the Texas Penal Code, it is possible for the person who is alleged to have committed the offense to be prosecuted under either section or even under both sections.

Texas Criminal Defense Attorney Alex Tyra – Helping Texans Resolve Criminal Matters

Accusations of human trafficking can be intimidating, but you do not have to face those accusations alone. An experienced Texas Criminal Defense Attorney can protect your rights, and they can help you sort through the details of your human trafficking case and build a strong defense on your behalf. Skilled defense attorneys know what to look for, and they can analyze every aspect of your case to find the areas that are likely to be problematic for the prosecution. Perhaps you did not have the required intent to have committed the act that you are alleged to have committed, or you have been wrongfully charged with a crime due to a mistaken identity. So many things could happen that could result in criminal charges being brought against parties who are not in fact guilty of the crimes they are alleged to have committed. If you have questions about a human trafficking case or any other Texas criminal matter, please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether we can help you.




Texas Family Law Attorney Discusses How Rushing Your Divorce Could Cost You

Sunday, January 10th, 2016

One of the most pressing concerns that divorce clients have is the length of time that their divorce case is likely to take. This is completely natural, given the nature of divorce. By the time divorce clients meet with a family law attorney to begin the process of divorce, they have decided to end their marriage and they want to move forward in their lives. As strong as that desire may be, it is essential that you not rush your divorce case.

The primary reason that patience is important during a divorce is that being impatient could cost you lots of money. Some individuals file for divorce without an attorney, or they choose an attorney who offers a very low price for divorce services without fully understanding what their fee covers and what it does not. When mistakes are made, these individuals must seek experienced counsel to address them, which often costs more than they would have paid if they had retained knowledgeable counsel at the outset of their divorce case.

Another important reason to take your time with your divorce is to avoid rushing to decisions. The divorce process involves a lot of negotiation, and it is often a good idea to sit with proposals made by your soon to be former spouse for a while before deciding whether or not to accept them. Hasty decision making does not work out well in many situations, and this is especially true for divorce cases. For example, if you quickly skim through a parent child contact schedule that your soon to be former spouse has proposed and sign it without taking a close look at it and thinking carefully about how you would likely feel living with it, you might agree to something that does not work well for you, or that gives you much less parenting time than you believe is fair. It is much better to read it carefully, think about it, and then decide whether it will work for you or whether you will propose something different.

While the legal process associated with divorce may take some time, it is important that people who are getting divorced understand that the legal aspects of your divorce are just part of the picture. This realization can be quite empowering, because there are many ways that you can move forward in your life even as you navigate the divorce process. For example, working with your feelings about the end of your marriage, either on your own or with the aid of a therapist, can be done at any time. You could also focus on strengthening relationships with yourself, your children, and other people who are close to you. There are so many ways that divorcing individuals can move forward as they work through the divorce process. The key to doing so successfully is to remember to make choices that will not detract from your divorce proceedings. Fortunately, you do not have to make these decisions all on your own. If you have a question about whether a specific course of action would likely affect your divorce case, your Texas divorce attorney is likely to be able to help you find the answer.

Texas Family Law Attorney Alex Tyra – Your Source for Texas Divorce Law Expertise

Divorce cases can take some time, but that time is well spent as an investment in your future. If you have questions about divorce in Texas, Texas Family Law Attorney Alex Tyra can help you. Call our office today, at (903) 753-7499.