News - Alex Tyra Law Office

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

January 30, 2016/in Texas DUI/by LS_admin

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

January 30, 2016/in Texas DUI/by LS_admin

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

January 20, 2016/in Firm News/by LS_admin

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

January 10, 2016/in Texas Divorce Cases/by LS_admin

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.

Texas Family Law Attorney Suggests Planning Ahead for Your 2016 Divorce

December 20, 2015/in Texas Divorce Cases/by LS_admin

Many people who file for divorce do so in January. The desire to improve one’s life is at its peak at the start of each year, so it is not surprising that there are approximately thirty percent more divorce cases filed in January than there are in any other month. If you plan to file for divorce in January of 2016, be sure to plan and prepare for your divorce in advance. There are some things that you can do to give yourself the best possible chance of obtaining an outcome in your divorce case that will work well for you.

One mistake that some people make is filing for divorce without first considering the legal, personal, and financial implications of ending their marriage. Divorce is a major life decision, and it is essential that you seek professional advice in three key areas so that you can obtain important information about what your life could look and feel like during and after your divorce.

An essential step in preparing for your divorce is consulting with a divorce attorney. Your divorce attorney can explain the process of divorce in your state, as well as what you might reasonably expect to occur during and after your divorce case. Since the rules regarding divorce are different from state to state, an understanding of what rules will apply during your divorce case is critical for being able to think about how your divorce case might play out. For example, when it comes to dividing marital assets, Texas is a community property state, but other states follow different methods of distributing property. If you have children, custody and visitation rules vary from state to state. Your divorce attorney can explain how your family life is likely to be different for you during and after your divorce.

Since there are so many emotions involved in divorce, seeking out a psychologist can help you to feel confident that you are making a clear decision that is in your best interest. It can also help you in determining whether you need additional support around issues like abuse or depression which could affect the way in which you navigate your divorce case. When you select a psychologist, understand that you may not feel comfortable with the first psychologist that you visit, or the second, or even the third. Interacting with a psychologist is an intensely personal experience and it is well worth the time and effort to find someone you can trust who can support you before, during, and after your divorce.

Your financial situation may change drastically during and after your divorce, so be sure to consult a certified financial planner before diving in. Your financial planner can help you understand what effects your divorce is likely to have on your finances. The financial implications of divorce range from matters that affect day to day survival like income and expenses to periodic and long-term considerations like taxes and retirement. Your financial planner can take what you know about your financial situation and help you understand what your options could be both during and after your divorce.

Texas Family Law Attorney Alex Tyra – Texas Divorce Law Expertise You can Trust

The arrival of a new year brings with it a powerful surge of energy that you may want to use to transform your personal life. If you are planning ahead for a 2016 divorce, Texas Family Law Attorney Alex Tyra could help you. Call our office today, at (903) 753-7499.

Texas Criminal Defense Attorney Talks about Lone Star Card Fraud

December 18, 2015/in Texas DWI Defense/by LS_admin

For some Texans, the Lone Star Card can make the difference between not having enough to eat and being able to feed themselves and their families. Over four hundred million dollars are distributed to families each month through the Lone Star Card program. Unfortunately, as is the case with food assistance card programs across America, Lone Star Cards are sometimes stolen or obtained fraudulently. Both using a Lone Star Card that belongs to someone else and obtaining Lone Star benefits by providing false or misleading information are crimes. If you have been charged with theft in relation to a Lone Star Card or with obtaining a Lone Star Card fraudulently, it is important that you speak with a Texas criminal defense attorney.

A story out of Lufkin describes one way in which Lone Star Card theft can play out. In September, a woman’s purse was stolen from her vehicle. After the purse was stolen, someone used the woman’s driver’s license and Social Security card, which were in the purse, to change the PIN number for her Lone Star Card, which was also in the purse. The Lone Star Card was then used at two grocery stores in Lufkin, and also at Wal-Mart.

Images of a woman using the stolen card to purchase approximately two hundred dollars’ worth of groceries at Wal-Mart were captured by security cameras in the store. The woman’s appearance is distinctive. She has black skin and curly platinum blonde hair (or she was wearing a platinum blonde wig). She was wearing white wireless headphones around her neck at the time the security camera captured her image. The woman’s unique appearance and the fact that a reward is being offered to aid authorities in locating her may eventually aid law enforcement in apprehending her.

Obtaining Lone Star Card benefits fraudulently is also a crime. It is estimated that a little over four million dollars in Lone Star benefits are obtained through the use of fraud each month. When an allegation of Lone Star Card fraud theft is filed, investigators from the Office of the Inspector General look into it. Investigators have seen people obtain Lone Star Card benefits that they did not qualify for in a variety of ways. Some individuals omit mention of their spouse’s work history and income. Others cross the border from Mexico and use a friend’s or relative’s address to apply for and receive benefits. Then, they purchase food and try to bring it back into Mexico. These individuals often end up being apprehended at the border, because Customs and Border Protection officers ask individuals who have groceries in their vehicles to show them their grocery receipt as well as their documentation. If the groceries were paid for with Lone Star benefits but the person is a resident of Mexico, the person loses their passport and is denied reentry into Mexico.

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

If you have been charged with stealing a Lone Star Card, Using a stolen Lone Star Card, or obtaining Lone Star benefits fraudulently, a knowledgeable criminal defense attorney can protect your rights and help you work on resolving your criminal matter. Please call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499 or contact us online to find out whether Attorney Alex Tyra can help you.

Texas DWI Defense Attorney Discusses Delays in DWI Cases

December 1, 2015/in Texas DWI Defense/by LS_admin

Being a DWI defendant is not easy. Throughout the DWI case process, DWI defendants are likely to feel a variety of emotions including fear, sorrow, anger, and frustration. Regardless of how any given DWI case ends, at the conclusion of a DWI case the defendant has certainty about its outcome. Unfortunately, some DWI defendants in Bexar County may be feeling additional fear, sorrow, and anger because they are waiting much longer than usual to experience the certainty that comes with resolution of their DWI cases.

A scandal involving the private laboratory that used to test the blood samples of Bexar County DWI suspects who refused to take the breath test has resulted in a huge backlog of samples that are currently awaiting testing at a laboratory at the Texas Department of Public Safety in Austin. The scandal involved possible mishandling of blood samples by the staff of the private laboratory, which no longer performs tests for the county.

Because of the delay, prosecutors have gone forward with some DWI cases without blood test evidence. Blood samples for certain DWI cases, such as those involving intoxication assault and intoxication manslaughter, have always been tested by the Bexar County medical examiner’s office, which continues to perform the tests for those types of cases. In cases where blood samples have not yet been tested, prosecutors have been proceeding with eyewitness testimony, field sobriety tests, and breathalyzer test results when available. The result appears to be an increase in DWI convictions, which is concerning for defendants whose samples are on hold. The unavailability of DWI blood test results is also concerning because it could harm DWI defendants whose results would show that they were innocent.

The increased rate of conviction is just one thing about the backlog of DWI cases that is causing frustration among DWI defendants and their attorneys. These defendants are being kept in limbo, unsure of when their case will proceed. Also, the no refusal policy that resulted in the samples being taken from drivers who refused breath testing is controversial. This adds to the sense of injustice that the defendants whose samples are awaiting testing are currently experiencing.

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

When you are facing DWI charges, you are likely to have many concerns. An experienced DWI defense attorney can help you understand the charges against you as well as the DWI case process. Each defendant has unique needs and priorities. Some defendants have prior DWI convictions, while it is the first time for others. Some have families to support, while others have concerns regarding immigration. Whatever your priorities are, it is essential that you get the legal support that a DWI defense attorney can provide. Texas DWI Defense Attorney Alex Tyra has helped all kinds of DWI defendants through the DWI case process towards resolution of their DWI cases. It is possible that he may be able to help you, too. Please call our office today, at (903) 753-7499, or contact us online to learn more.

Latest News

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

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

Texas Criminal Defense Attorney Explains the Crime of Human Trafficking

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

Texas Family Law Attorney Suggests Planning Ahead for Your 2016 Divorce

Texas Criminal Defense Attorney Talks about Lone Star Card Fraud

Texas DWI Defense Attorney Discusses Delays in DWI Cases

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