How to Defend Against a DWI Charge in Texas

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Driving while intoxicated (DWI) is a serious offense in the state of Texas. If you have been charged with a DWI, it is important to take the matter seriously and seek the advice of an experienced criminal defense attorney. With the right defense strategy, it is possible to successfully defend against DWI charges in Texas.

Here are some tips for defending against DWI charges in Texas:

Understand the Charges Against You

The first step in defending against DWI charges in Texas is to understand the charges against you. In Texas, a person can be charged with a DWI if they are operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A person can also be charged with a DWI if their blood alcohol concentration (BAC) is 0.08 or higher.

Hire an Experienced DWI Defense Attorney

One of the most important steps you can take to defend against DWI charges in Texas is to hire an experienced DWI defense attorney. A skilled attorney can examine the evidence against you, identify weaknesses in the prosecution’s case, and develop a defense strategy that is tailored to your specific situation.

Challenge the Traffic Stop

In many DWI cases, the initial traffic stop is the key issue. If the police officer did not have a valid reason to stop you, any evidence obtained as a result of the stop may be suppressed. Your attorney can review the circumstances surrounding the traffic stop and determine if there were any violations of your constitutional rights.

Challenge the Field Sobriety Tests

Field sobriety tests are often used to determine if a person is under the influence of alcohol or drugs. However, these tests are not always accurate and can be affected by various factors, such as the person’s physical condition or the environment in which the tests were administered. Your attorney can challenge the results of the field sobriety tests and argue that they are not reliable indicators of intoxication.

Challenge the BAC Results

If you took a breathalyzer or blood test and the results showed that your BAC was over the legal limit, your attorney can challenge the accuracy of the test. Breathalyzers and blood tests can be affected by a number of factors, such as improper calibration or contamination of the sample.

Negotiate a Plea Bargain

In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. This could involve pleading guilty to a lesser offense, such as reckless driving, in exchange for a reduced sentence. Your attorney can help you determine if this is a viable option in your case.

Prepare for Trial

If your case goes to trial, it is important to be prepared. Your attorney can help you understand the trial process, prepare you for testimony, and develop a strong defense strategy.

Defending against DWI charges in Texas requires a comprehensive approach that takes into account all of the relevant facts and circumstances of your case. With the help of an experienced DWI defense attorney, it is possible to challenge the evidence against you and achieve a favorable outcome. If you have been charged with a DWI in Texas, don’t wait to seek legal advice. Contact an attorney as soon as possible to discuss your options for defending against the charges.

Understanding the State of Texas’ DWI Penalties if Convicted of a First-Time DWI Offense

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Most states have much more severe DWI punishments than Texas. However, the penalties for driving while intoxicated (DWI) convictions have lasting consequences. Like most states, the penalties for a DWI conviction in Texas vary from case to case. For example, repeat-offense DWI cases have much more severe consequences than a first-time DWI conviction.

In Texas, first- and second-offense DWIs are classified as misdemeanor criminal offenses. The Texas Penal Code lists legal fines, jail time, revocation of a driver’s license, and fees to reinstate a driver’s license for driving while intoxicated convictions. As in all criminal cases, not all first-offense DWI defendants pay a fine, not all defendants receive a jail sentence, and not all defendants receive the standard driver’s license suspension.

The differences in outcomes in DWI cases illustrate that every crime is a unique situation, and each defendant is unique. In Texas, criminal cases are not decided uniformly. Defense counsel can argue the facts of each DWI criminal case in a way that supports the outcome desired. In other words, DWI defendants can work with their DWI defense lawyers to pursue workable results in their Texas DWI cases.

If you or a loved one have been charged with DWI in Texas, the thought of facing those criminal charges in court can be intimidating. However, it is important to understand that you don’t have to face your DWI case alone, and working with our Texas DWI Defense Attorney can help you achieve the best possible outcome. The consequences of a DWI conviction are serious and will affect every area of your life, including your freedom, driver’s license, job, relationships, and future. If you have been charged with DWI, take the crucial first step of protecting your rights and call our experienced Texas DWI Defense Attorney. If you have questions about DWI in Texas, please call DWI Defense Attorney Alex Tyra at (903) 753-7499.

Are DWI Checkpoints Legal in the State of Texas?

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Driving while intoxicated (DWI) is a grave criminal offense in the state of Texas. The state has some of the strictest DWI laws in the country, and the penalties for violating them can be severe. One of the methods law enforcement agencies use to enforce DWI laws is the use of DWI checkpoints or roadblocks. DWI checkpoints are locations on public roads where law enforcement officers stop drivers to check for signs of impairment. While DWI checkpoints are a common law enforcement tool in many states, their legality has been the subject of much debate and controversy in Texas.

In this article, we will explore the legality of DWI checkpoints in Texas, including the constitutional issues surrounding them, the procedures law enforcement officers must follow, and the potential consequences of violating DWI checkpoint laws.

DWI Checkpoints in Texas

DWI checkpoints, also known as sobriety checkpoints or roadblocks, are a type of enforcement strategy used by law enforcement officers to identify and apprehend impaired drivers. These checkpoints involve stopping vehicles at a specific location and checking the driver for signs of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol on the breath.

The use of DWI checkpoints has been a controversial issue in Texas for many years. Some individuals believe that DWI checkpoints are a valuable tool in keeping impaired drivers off the road, while others argue that they violate the Fourth Amendment rights of citizens.

Fourth Amendment Issues

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. The Supreme Court has held that random stops and searches by law enforcement officers are generally considered unreasonable and thus, violate the Fourth Amendment.

However, in the landmark case of Michigan v. Sitz, the Supreme Court upheld the constitutionality of DWI checkpoints, ruling that the state’s interest in preventing drunk driving outweighed the minimal intrusion on individual privacy. The Court also held that the use of DWI checkpoints must meet certain guidelines to avoid violating the Fourth Amendment.

DWI Checkpoint Procedures

The Supreme Court has established guidelines for the use of DWI checkpoints to ensure that they are conducted in a constitutional manner. These guidelines require that checkpoints be conducted in a non-discriminatory manner, that drivers are stopped for only a brief period of time, and that officers have reasonable suspicion to believe that the driver is impaired before conducting a more thorough investigation.

In Texas, DWI checkpoints must also adhere to state-specific guidelines. Under Texas law, DWI checkpoints must be conducted in a neutral and non-discriminatory manner, and drivers must be stopped for only a brief period of time. Law enforcement officers are required to inform drivers of the purpose of the checkpoint and the length of the delay.

Consequences of Violating DWI Checkpoint Laws

If a law enforcement officer violates the guidelines for conducting a DWI checkpoint, any evidence obtained as a result of the checkpoint may be suppressed in Court. This means that any charges based on evidence obtained at the checkpoint could be dismissed. In addition, law enforcement officers who violate the guidelines may be subject to disciplinary action or civil liability.

In Texas, the penalties for driving while intoxicated can be severe. A first-time offender can face fines of up to $2,000, up to six months in jail, and a one-year suspension of their driver’s license. The penalties increase for repeat offenders or for those who cause injury or death while driving while intoxicated.

DWI checkpoints are a controversial issue in Texas, with some individuals arguing that they are an effective tool in preventing drunk driving, while others believe they violate the Fourth Amendment rights of citizens. While the Supreme Court has upheld the constitutionality of DWI checkpoints, they must be conducted in a manner that adheres to specific guidelines to avoid violating citizens’ rights.

If you are stopped at a DWI checkpoint in Texas, it is important to know your rights and to cooperate with law enforcement officers. However, you should also be aware that any evidence obtained as a result of an unconstitutional checkpoint may be suppressed in Court, potentially leading to the dismissal of any charges based on that evidence.

If you are facing charges for driving while intoxicated in Texas, it is crucial to seek the advice of an experienced criminal defense attorney. A skilled attorney can review the circumstances of your case, determine whether any constitutional violations occurred, and help you develop an effective defense strategy.

While DWI checkpoints are legal in Texas, they must be conducted in a constitutional manner that adheres to specific guidelines. Suppose you are stopped at a DWI checkpoint. In that case, it is essential to understand your rights, cooperate with law enforcement officers, and seek the advice of a skilled criminal defense attorney if you are facing charges related to driving while intoxicated.

Top 5 DWI Defense Strategies in Texas

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Driving While Intoxicated (DWI) is a serious charge in Texas that carries severe penalties, including fines, jail time, and the potential suspension of driving privileges. However, a DWI charge does not necessarily result in a conviction. There are various defense strategies that experienced attorneys can employ to challenge the prosecution’s case. This article explores the top five DWI defenses in Texas.

Challenge the Legality of the Traffic Stop

The first step in many DWI defenses is questioning the legality of the initial traffic stop. Law enforcement officers must have reasonable suspicion of a crime or traffic violation before pulling over a motorist. If the defense attorney can demonstrate that the officer lacked valid grounds for the traffic stop, then any evidence obtained during the stop (including field sobriety test results, breathalyzer results, and the officer’s observations) may be suppressed, potentially leading to a dismissal of the charges.

Contest the Accuracy of Field Sobriety Tests

Field Sobriety Tests (FSTs) are designed to assess a person’s balance, coordination, and cognitive function. However, FSTs are not foolproof, and their accuracy can be challenged in several ways. Factors such as the individual’s physical health, nervousness, poor lighting, uneven surfaces, or even inappropriate instructions from the officer can all lead to poor performance on these tests. A skilled attorney can question the reliability of FSTs and their administration, thereby challenging their validity as evidence of intoxication.

Dispute the Breathalyzer or Blood Test Results

Chemical tests, such as breath or blood tests, are used to determine the driver’s blood alcohol content (BAC). However, these tests can sometimes give inaccurate results due to improper calibration of testing equipment, improper administration, or inherent limitations of the test. Additionally, some medical conditions or medications can influence test results. By introducing doubts about the accuracy and reliability of these tests, a defense attorney can undermine the prosecution’s key evidence.

Assert a Rising Blood Alcohol Defense

The “Rising Blood Alcohol Defense” is based on the premise that alcohol takes some time to absorb into the bloodstream and reach the brain. A person’s BAC can continue to rise even after they’ve stopped drinking, meaning their BAC could have been below the legal limit while driving but increased by the time the test was administered. If the time between the alleged offense and the BAC test is significant, this defense could be a viable strategy.

Prove a Failure to Follow Proper Procedure

Law enforcement officers must adhere to specific protocols during a DWI arrest, from the administration of FSTs to the reading of Miranda rights. If an officer fails to follow these procedures, it can form the basis of a robust defense. For instance, if an officer did not properly observe the suspect for the required period before administering a breath test, the test results might be excluded from evidence.

Every DWI case is unique, and the best defense strategy depends on the specifics of the case. A successful defense often hinges on an experienced attorney who can scrutinize the prosecution’s case for weaknesses and introduce reasonable doubt. While these defenses can be effective, they require meticulous preparation, understanding of the law, and knowledge of the science behind DWI testing. Anyone facing DWI charges in Texas should seek expert legal advice to evaluate the potential defenses available in their case.

Defense Strategies Involving Medical Issues in a DWI Case in Texas

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Driving While Intoxicated (DWI) charges in Texas are serious offenses, carrying substantial penalties and a lasting impact on an individual’s personal and professional life. However, not every DWI charge is as clear-cut as it seems, and certain circumstances—particularly medical conditions—can lead to wrongful accusations. In such cases, defense strategies involving these medical conditions can play a significant role. This article explores such strategies and provides insights on the intersection between medical issues and Texas DWI laws.

Auto-Brewery Syndrome – Auto-Brewery Syndrome (ABS), also known as gut fermentation syndrome, is a rare medical condition where an individual’s digestive system produces alcohol due to an overgrowth of yeast in the gut. This internal alcohol production can sometimes cause a falsely high blood alcohol content (BAC), leading to wrongful DWI charges. If a defendant can provide medical proof of this condition, it can be a viable defense strategy.Diabetes

Individuals with diabetes may exhibit symptoms that mimic intoxication, such as disorientation, confusion, and even the smell of alcohol on their breath due to ketoacidosis—a complication of diabetes. A diabetic episode can potentially skew a field sobriety test, leading to a wrongful arrest. With proper medical documentation and expert witness testimony, a defense attorney can argue that the symptoms were due to a diabetic episode and not alcohol-induced.

GERD (Gastroesophageal Reflux Disease) – GERD can potentially interfere with breathalyzer tests. In people with GERD, stomach contents reflux back up into the esophagus, which can result in a falsely high BAC reading. If an individual can demonstrate that they have been diagnosed with this condition, it can be utilized as a defense strategy to challenge the breathalyzer results

Hypoglycemia – Hypoglycemia, or low blood sugar, is a condition that can mimic signs of intoxication, including confusion, dizziness, and problems with coordination. Hypoglycemia is often linked with diabetes but can occur independently as well. Evidence of this condition, corroborated with medical records and expert witness testimony, can be a valid defense against DWI charges.

The Role of Expert Witnesses

In DWI defense cases involving medical conditions, expert witnesses often play a crucial role. They provide specialized knowledge and understanding of how these conditions can mimic intoxication or interfere with DWI testing. Medical practitioners, psychologists, forensic toxicologists, and other experts can provide credible and persuasive testimony, helping to build a robust defense.

While Texas takes a hard line on DWI offenses, the law also acknowledges that medical issues can affect the results of sobriety tests and the symptoms of intoxication. Therefore, understanding these medical defense strategies is critical. However, it’s essential to remember that these defenses require careful presentation and robust supporting evidence, preferably with the assistance of an experienced DWI defense attorney. Using these strategies effectively can mean the difference between conviction and acquittal in a DWI case.

Understanding Texas Administrative Law Review Hearings

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Facing a criminal charge of DWI in Texas is a frightening experience, and there are some important actions to take after you have been arrested for DWI in Texas. Failing to take these actions can have a significant negative impact on your life. For example, a DWI defendant only has fifteen days from the date of the DWI arrest to maintain their right to fight for their driving privileges by requesting an Administrative Law Review hearing. By not fighting for your driving privileges, those driving privileges are automatically taken away.

In the State of Texas, an Administrative Law Review hearing, or ALR hearing, is a civil proceeding brought by the state DMV against a driver who either refused an alcohol chemical test after being arrested for suspicion of DWI or a driver failed an alcohol breath, urine, or blood test. Texas state law also includes a provision that states drivers in Texas who operate vehicles on public roads automatically give their implied consent to provide a breath or blood alcohol test once they have been arrested for DWI and after they have been advised of the consequences of refusing chemical testing.

The consequence of refusing an alcohol chemical test is the probability of receiving a driver’s license revocation. Occasionally, how law enforcement officers explain the license suspension process to defendants is hard to understand. This is true when trying to understand when and how a license suspension will take effect. For example, some officers explain to a DWI suspect that once they were arrested, their driver’s license was automatically suspended. Some state that their driver’s license was immediately suspended once they refused to submit to blood or breath chemical testing. Clearly, this is not accurate.

Although the arresting officer will physically take the driver’s license into their possession, the suspected drunk driver will be given a temporary driver’s permit that is valid for forty days. Once the forty days have passed, the suspected drunk driver will have their driver’s license automatically suspended unless they request an ALR hearing within fifteen days of the arrest. By requesting an ALR hearing, the defendant can contest the proposed suspension of their driver’s license. Also, the defendant’s DWI Attorney can review all of the evidence that will be used against the defendant in their criminal trial. ag and delays the imposition of any ALR sanctions until the hearing takes place.

At the ALR hearing, the Department of Public Safety will try to prove that your driver’s license should be suspended for producing a breath or blood test resulting in a reading of .08 or higher or for refusing to submit to chemical testing as required by law. The DPS must prove four different elements, including there was reasonable suspicion for the vehicle stop, the driver was driving or in control of a vehicle on a public road while intoxicated, the driver was ordered to voluntarily participate in testing and was given both oral and written notice of the consequences of chemical test refusal, and the driver refused to participate in testing after being ordered by the officer to do so. If the DPS does not prove their case, then a driver’s license suspension cannot be issued, and your driver’s license must be returned to you.

With something so important at stake, it is a good idea not to go it alone. Texas DUI Defense Attorneys are well-versed in the ALR process, and an experienced attorney can help you to present your best case against the proposed license suspension. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

How Prescription Drugs May Affect Your Texas DWI Case

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Millions of people throughout Texas are prescribed daily medication for the treatment of 1,000s of ailments. In some cases, patients have been prescribed medications that contain narcotic medication to treat pain. Of course, most people take their medications as directed by their doctors. When patients follow their doctor’s directions and take the medications as prescribed, they know that they are doing the right thing for their health. Tragically, most people do not understand that they could be committing the crime of driving while intoxicated while driving while “on” their medicine. This is especially true when the driver is taking Schedule I or Schedule II controlled substances, which are these regulated by law. These medications may include Adderall, Ambien, Ritalin, Percocet, Klonopin, and codeine. These medications are classified as Schedule I or Schedule II drugs.

In Texas, a patient taking a controlled substance for medicinal purposes can be criminally charged with DWI. In Texas, taking a Schedule I or II drug or any mind-altering drug is driving under the influence. Pain medications are some of the most commonly incriminated medications in prescription drug DWI cases. Other drugs that could lead to a DWI include sleeping pills, anti-seizure medications, antidepressants, and anti-anxiety medications. A driver who has been caught having one or more of these substances in their system at the time of their arrest may be subject to severe DWI punishments if they have been driving.

Any Texas motorist who drives while taking prescription medications and have been charged with a DWI must contact our Texas DWI Defense Attorney as soon as possible to protect their legal rights. Should you or a loved one be charged with a prescription drug-related DWI, an experienced attorney may be able to present evidence that you were taking a Schedule I or Schedule II medication as prescribed to you by your physician. Drivers should understand that a valid prescription, on its own, won’t always lead to a successful DWI defense. A prescription drug-related DWI defense requires providing evidence that your medication, at the dosage prescribed, does not impair your ability to operate your motor vehicle safely. This is because, unlike the well-known .08 BAC standard for alcohol, the Texas Penal Code does not specify levels of prescription drugs that would indicate impairment if they were present in a blood sample.

Texas DWI Defense Lawyer Alex Tyra – Protecting the Rights of Texas DWI Defendants

All Texas DWI cases are different, and each DWI defendant deserves to have a legal professional who works hard and pursues a carefully crafted DWI defense strategy. 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 DWI Laws Are Serious and Severe

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Many Texans travel all over the country to enjoy the wonderful sights and beauty of our country. People visit the natural wonders of each state, sightsee popular locations, and eat the unique cuisines of each city. However, most people do not always have the law on their minds. State laws vary from state to state, depending upon the legal issue. Several people make the mistake of not taking into account the laws of other states.

“Don’t Mess With Texas” is a popular phrase for people who live in the state of Texas. Texas DWI laws for public and commercial motorists are very severe. So, it is not smart to “Mess With Texas” DWI laws. Texas is one state where out-of-state drivers should avoid drinking and driving due to the severity of its DWI laws, which seem to increase in severity each year.

When a driver is pulled over due to an officer’s suspicion of DWI, Texas law enforcement officers will perform a routine examination which may include a field sobriety test is performed, a breathalyzer, and a possible urine and blood sample to determine the blood alcohol content (BAC) levels of the driver.

Regardless of the driver’s driving record or age, a driver that is being investigated for DWI can always count on the law to be carried out to its full extent. It is important to avoid driving any vehicle, bicycle, or scooter after consuming alcohol. Drivers should always consider having a designated driver or using ride-sharing services if they decide to drink alcohol or consume drugs.

Contact The Law Office of Alex Tyra, P.C. for your Free Consultation when you need assistance from an experienced DWI Attorney in Texas or if you need to better understand you legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week.

What is a Texas Occupational Driver’s License?

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If you have been arrested and charged with a DWI in Texas, you must request a driver’s license administrative hearing as quickly as possible to be able to protect your ability to drive. In Texas, a person loses their driver’s license when they decline blood or breath chemical testing during a DWI investigation or if the driver’s chemical testing shows their blood alcohol concentration is .08 or higher. The law enforcement officer is required to provide you with a Notice of Suspension. This Notice of Suspension is a 40-day temporary driver’s permit. However, driver’s charged with DWI only have 15 days from the date of their charge to request an Administrative License Revocation (ALR) hearing to fight for their driving privileges. Failure to do so will result in the automatic driver’s license suspension on day 40 after the date of the Notice of Suspension.

ALR hearings are very important for several reasons. First, you and your attorney can fight to get your driver’s license back. Also, this helps your DWI attorney to review the evidence against you and properly prepare for the DWI criminal proceeding. At an ALR hearing, your DWI attorney can request certain evidentiary items that will help them understand how the State Attorney will handle the DWI criminal trial.

In Texas, our attorney can help you fight for an occupational license. An occupational license is a restricted driver’s license issued to drivers who had their regular driver’s license suspended or revoked due to certain criminal offenses. An occupational license permits you to operate non-commercial motor vehicles to school, job, or to perform certain household duties such as grocery shopping. There are special requirements that you must meet to obtain an occupational license in Texas, including providing a pink SR-22 certificate of insurance, paying certain fees, and providing a certified copy of the petition.

Should you or a loved one be arrested and charged for DUI/DWI in Texas, you will want to know the answers to common questions.

  • If convicted, what penalties and punishments am I facing? 
  • Can I avoid a jail sentence? 
  • How will a DWI conviction on my record impact my future employment and current job?
  • Will other people find out that I have was arrested for DWI

It is vital that you speak with an experienced East Texas DWI defense attorney immediately for the answers that you can trust to those important questions. Call (903) 753-7499 or e-mail the firm to receive your free initial consultation.

Can You Defend Against Field Sobriety Test Faiures in a Texas DWI Criminal Trial?

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Absolutely. However, to beat the State’s case against you, our East Texas DWI Defense Attorney has to attack the validity of the prosecution’s field sobriety tests and other evidence.

When a driver is pulled over and the law enforcement officer begins a DWI investigation against the driver, it is very common for the officer to order the driver to submit to what is called a “Field Sobriety Test.” These tests are performed in front of the police cruiser’s camera and voice recorder and is used as evidence in a DWI criminal case.

However, that evidence could be suppressed weakening the State’s case against you. According to the National Highway Traffic Safety Administration (NHTSA) manuals, if the Field Sobriety Tests were not performed properly by the law enforcement officer, or if performed without following to the training protocols, the validity of those Field Sobriety Tests and subsequent evaluations could be compromised. In other words, our attorneys may be able to persuade the judge to throw out your Field Sobriety Tests. This could help us to either plea down your DWI charge or have your case dismissed all together.

Most Field Sobriety Tests have very low reliability ratings. Meaning, these tests are far from being 100% accurate. Moreover, experienced DWI defense attorneys understand that 98% or more of law enforcement officers conducting these Field Sobriety Tests conduct them in a way not approved by the SFST guidelines. Most officers also grade the evaluations incorrectly. When these tests are performed incorrectly, these evaluations have no predicted reliability.

The latest scientific research of Field Sobriety Test scoring and protocols have put the NHTSA “Standardized Field Sobriety Tests (“SFSTs”) into question. An increasing number of DWI courts are now declaring these tests as invalid.

If you, a friend, or a member of your family has been arrested and charged with DUI/DWI in Texas, speak with our experienced East Texas DWI defense lawyer immediately for the answers to your important questions.

Call (903) 753-7499 or e-mail the firm to schedule your free initial consultation.