Archive for March, 2016

Texas DWI Defense Attorney Says Some Texas Police Departments Have New Breath-Testing Machines

Monday, March 28th, 2016

A breath test is standard procedure in a DWI investigation in Texas, as it is elsewhere. For a long time, the standard equipment that has been used all over Texas to administer breath tests has been the Intoxilyzer 5000. Law enforcement officials have become very familiar with using the breath testing devices over the time that they have been using them. DWI defense attorneys have also become familiar with the Intoxilyzer 5000, and they have become adept at exposing its weaknesses and understanding how its use or misuse can affect their clients’ cases.

As all of us know, older models of electronic devices get replaced by newer models from time to time. It seems as though the time for replacing the Intoxilyzer 5000 machines that are currently in use across the state of Texas is coming soon. The newer breath testing machine is called the Intoxilyzer 9000, and it is supposed to be easier for law enforcement officers to use than the older machines are. The technology that the machine uses for detecting alcohol in breath samples is the same as in the older machines, although it is wrapped in a nicer, newer looking package.

The Intoxilyzer 9000 features an automated voice that tells the person taking the test when they are to exhale into the machine. It also enables officers to scan drivers’ license information instead of having to type it all in. The new machines are able to transmit test results to DPS headquarters, in addition to displaying them on a screen.

Since the Intoxilyzer 9000 is a newer instrument than the Intoxilyzer 5000, one might surmise that it provides more accurate results. While that is possible, it is not necessarily true. Unfortunately, attorneys are not being allowed to inspect the Intoxilyzer 9000, and outside toxicology experts are not being permitted to take classes where they could learn about the machine and its proper operation. While these things, on their own, do not render the machine inaccurate, it is troubling that the machine and its operation are not open to investigation by people who have an interest in knowing how the technology works and how it should be used.

Bexar County already has several of the new machines in use, with others scheduled to be implemented soon. Other counties are likely to begin bringing the new machines into use throughout the year, and phasing out the older devices.

Texas DWI Defense Attorney Alex Tyra – Strong Advocacy for Texas DWI Defendants

Texas DWI defendants have a lot at stake, and experienced DWI defense attorneys know how to protect it. Whatever the most important things in your life are, a skillful Texas DWI Defense Attorney can help you seek a resolution of your DWI case that is in line with your priorities. Texas DWI Defense Attorney Alex Tyra may be able to help you resolve your DWI case. To find out more, call us today, at (903) 753-7499.


Texas Family Law Attorney Talks about Preparing for Divorce Court

Monday, March 21st, 2016

While many Texas divorce cases settle out of court, there are many others that involve one or more court dates. If you are like many Texans, you have never seen the inside of a courtroom, and you may not know what to expect if your attorney informs you that you have a court date. Fortunately, divorcing Texans who work with Texas family law attorneys do not go into the courtroom alone or unprepared. If you are working with an attorney, your attorney will help you prepare yourself for your court date and represent you during the proceedings.

Each client’s divorce case is unique, and, depending upon what has been happening in your case, you may be going to court for any one of a number of reasons. Work closely with your attorney so that you are absolutely clear on what your upcoming court appearance is about. As your attorney prepares for your court date, they may need various types of information from you. Provide any requested information to your attorney as soon as possible, because prompt delivery of necessary information helps your attorney do his or her best work in preparing for your court date.

Even though you will likely be accompanied by your attorney when you go to court, it is helpful to prepare yourself on your own, in advance of your court date. Each court and, for that matter, each courtroom is slightly different. Your experience in court will go more smoothly if you take time to familiarize yourself with the rules and the layout of the courtroom before your court appearance. When in doubt about what to do, remain calm, ask your attorney, and always be respectful. Of course, this may be easier said than done, because divorce cases do often involve many emotions. Be sure to get the support that you need in working through your emotions throughout the divorce process, whether that means taking time to talk to trusted friends, family members or a therapist, or taking time for yourself to do things that help you relax and feel balanced, like running, hiking, or spending time outdoors. If you take time to clear you head before you go to court, you will be more likely to remain focused on the business at hand and less likely to be sucked into courtroom drama.

In the spirit of keeping your court appearance as simple and as businesslike as possible, be sure to check with your attorney in regards to having other people attend court with you. Friends and family may want to show their support. There is certainly a time and a place for that, but it may not be in the courthouse at the time of you court appearance. Your attorney can answer any questions that you may have in this regard.

Texas Family Law Attorney Alex Tyra – Your Ally in Texas Divorce

Going to court can be an intimidating experience, but it does not have to be that way. When you work with a Texas family law attorney, you will be well prepared and well represented at any court appearances that may occur during the course of your Texas divorce. To learn more, call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499.

Texas Criminal Defense Attorney Discusses the Constitutionality of Gang Injunctions

Tuesday, March 8th, 2016

Sometimes, individuals are prohibited from going certain places because there is a compelling reason to restrict their freedom to move about. For example, if a person has been found to be threatening to harm someone, the person who is being threatened may obtain a restraining order that prohibits the person who has been doing the threatening from being present within certain areas, such as the targeted person’s home, school, and workplace. Individual arrangements like restraining orders and probation agreements are tools that can be used to protect safety while providing some freedom for the individuals that are affected by them.

Unfortunately, not all orders restricting access to certain places are created equally. A recent gang injunction lawsuit in Harris County involves a proposed injunction that would ban ninety two individuals from a 1,326-acre area in south Houston. An injunction that would prohibit that many individuals from an area that large is a rather restrictive measure. It is so restrictive, in fact, that a number of criminal defense lawyers believe that it is unconstitutional.

The Texas Constitution forbids the banishment or transportation of citizens from the state. While the injunction would not ban the people from the entire state of Texas, the defense attorneys are certain that the purpose that the injunction would serve could be achieved through narrower measures. The reason that an injunction has been proposed is that there is a long-standing crime problem in area apartment complexes which is reportedly connected to gang activity. It is possible that the problem could be addressed by individual orders for each person, more specific restrictions for a smaller geographic area, or other measures, some of which may not even require the involvement of law enforcement or the court system. The attorneys argue that the proposed injunction, which is a form of civil relief, would unduly restrict the liberty of the individuals affected by it. The injunction would also infringe upon the individuals’ constitutionally protected activities by prohibiting them from working, living, visiting family, and assembling for religious purposes within the area covered by the injunction.

Texas Criminal Defense Attorney Alex Tyra – Protecting the Rights of Texans in the Criminal Justice System

Whether you are facing misdemeanor or felony charges, it is likely that you are aware of the impact that a criminal conviction could have on many areas of your life. An experienced Texas criminal defense attorney can explain the nature of the charges that you are now facing, and they will use the unique facts of your situation to make a solid plan for your defense. Your attorney is able to explain all of the various solutions that may be available to you in your criminal matter by describing how those options could affect various aspects of your life, especially those things in your life that matter most to you. If you would like to speak with us about whether we might be able to help you with your Texas criminal case, call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499.