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Five Things Every Texas DWI Defendant Should Know

January 5, 2014/in Texas DWI Defense/by LS_admin

If you have been charged with driving under the influence of alcohol in Texas, there are a few things that you should know. From learning about the immediate and long term consequences of a DWI conviction, to learning about the variety of ways that an attorney can help you challenge some of the evidence in your DWI case, knowledge is a very powerful thing when it comes to making decisions regarding your Texas DWI case. Here are five things that can help every Texas DWI defendant understand their DWI case and make decisions that are truly in their best interest.

One of the first things that you should know about the drunk driving laws in Texas is that they are among the strictest in the nation. For your first DWI conviction, you could face fines of up to $2000.00, license suspension for up to a year, and up to one hundred and eighty days in jail. The penalties are even harsher for second-time offenders, and if you are convicted of DWI in Texas a third time, it is a felony. With penalties this severe, Texas DWI defendants have a lot to lose, if they do not take a proactive role in their defense.

A second important thing to know is that a DWI arrest in Texas gives rise to two different legal proceedings. As you might expect, one of the proceedings is a criminal case, and it is usually brought by a local district attorney. The other proceeding is of an administrative nature, and it involves the fate of your driver’s license. If you refused to submit to field sobriety tests or roadside breath testing, or if you took either or both of those tests and failed, your license will automatically be suspended, unless you file a request for a hearing on the matter within fifteen days of your arrest. It is essential that Texas DWI defendants remember to involve themselves in both proceedings, because each proceeding has something important at stake.

The third thing that Texas DWI defendants should know is that they have options. While a dismissal of your case or a reduction of the charges and penalties would be nice, these options are rarely available. If your case is one of the few that could qualify for one of these options, a knowledgeable Texas DWI defense attorney could help you pursue that outcome. Plea bargaining is also an option, and it involves a tradeoff of a conviction in exchange for more lenient consequences. Again, your attorney can help you weigh the positives and negatives of deciding to take your DWI case in this direction. You may also plead not guilty, and require the state to prove at a trial that you are guilty beyond a reasonable doubt. If you are considering this option, it is essential that you seek the assistance of an expert Texas DWI defense attorney.

A fourth thing that you must know, if you are a Texas DWI defendant, is that your attorney needs as much information about your DWI arrest as you can provide, in order to present your best possible defense. It can be difficult to remember the events leading up to such a traumatic event, but if you can remember things like how much you ate and drank at what times that day, which kinds of things you ate and drank, why you were pulled over, and whether you were advised of your right to remain silent, your attorney can figure out the best strategies for your defense.

The fifth and final thing that anyone accused of driving under the influence in Texas should know is that you don’t have to do this on your own. East Texas DWI defense attorney Alex Tyra is here to help you. To learn more, call our office at (903) 753-7499 to schedule a free consultation, or visit our law firm website to submit an online contact form.

When it Comes to Drugs, The Nose Does Not Always Know

January 1, 2014/in Criminal Defense/by LS_admin

If you are facing drug charges in a case where a drug sniffing dog or a police officer’s assertion that he or she smelled marijuana was the reason that you, your vehicle, or your property was searched, refuting the reliability of drug dogs and officer smell tests may play an important role in your defense. Even though both drug dogs and an officer’s sense of smell are permitted to serve as the basis for a search under Texas law, numerous studies have found both methods to be unreliable predictors of the presence of drugs.

For example, a pair of studies suggests that there are two fundamental flaws with relying on trained dogs to detect drugs. Both a study which was conducted by the Chicago Tribune and a study which was published in the Journal of Animal Cognition by Researchers from the University of California at Davis suggest that drug dogs often alert in areas where drugs are not present and have not been present. The frequency of false alerts is so high that the dogs are actually wrong more often than they are right.

The same two studies also pointed to something even more disturbing regarding drug dogs’ abilities to sniff out illegal substances. We all know that dogs are incredibly sensitive to even the most subtle feelings of the people that they have close relationships with. Drug dogs have strong bonds with their handlers, and when those handlers believe that drugs are present in a situation, the dogs are likely to alert even if there are no drugs in the area. Also, if a dog’s handler has any racial bias, the dog that they are handling will often alert on people of the race that the handler is biased against, whether or not drugs are present.

Police officers are allowed to stop or arrest and search people if they believe that they smell marijuana. As you can imagine, this results in quite a few searches. Two studies that were published in Law and Human Behavior examined the reliability of the officer smell test. One study found that officers who stand at a driver’s window and assert that they can smell marijuana that is supposedly in the trunk of the vehicle are not actually able to detect that odor from that position, because of other smells that are normally present during a roadside traffic stop, such as diesel fuel. The second study examined an even more improbable situation, where officers assert that they can smell marijuana in the chimney fumes from a marijuana growing facility. As one might expect, the study found that this simply does not happen.

Fortunately, Texas courts are becoming increasingly aware of the problems associated with relying on drug sniffing dogs and police officers’ noses to detect the presence of controlled substances. In 2010, the highest criminal court in Texas overturned a conviction based on identification of the suspect by a drug sniffing dog. Winfrey v. State, 323 S.W. 3^rd 875 (2010)

If the search that led to your drug charges occurred because a drug sniffing dog alerted near you or a police officer believed that they smelled marijuana near you, that search may have been invalid. A knowledgeable East Texas defense attorney can help you to present your best possible case to the court and help you to achieve the best possible results under the circumstances. To learn more, call Longview criminal defense attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit website to submit a convenient online contact form.

Sage Advice Regarding the Drug “Salvia Divinorum”

December 30, 2013/in Criminal Defense/by LS_admin

This past September, Texas added a new name to its list of Class III controlled substances. Salvia Divinorum, commonly known as “Seers Sage, Salvia, or Ska Maria Pastora”, became a Class III controlled substance upon the passage of House Bill 124. The bill made its third and final appearance before the Texas Legislature this year after two other attempts to pass the bill failed in 2007 and 2009. Under the new law, the possession, sale, or use of any part of the Salvia Divinorum plant including leaves, seeds, extracts, or other compounds, is now a crime.

The enactment of House Bill 124 makes Texas one of a growing number of states to criminalize the possession and sale of Salvia Divinorum. In Texas, as in other places, the legislation which made Salvia Divinorum illegal was tied to efforts to regulate synthetic marijuana, even though the two substances are not similar. Interestingly enough, the United States Drug Enforcement Administration (DEA) has yet to list Salvia Divinorum as a controlled substance, despite the fact that it is a known hallucinogen.

There are a few things that make the Texas Salvia law interesting, from an attorney’s perspective. For example, the penalties for possession of Salvia are more severe than the penalties for possessing marijuana. If you are found to be in possession of any amount of Salvia up to 28 grams, you are guilty of a Class A misdemeanor which is punishable by one year in jail and a maximum fine of $4,000.00. If you had twice that amount of marijuana in your possession, you would be guilty of a misdemeanor punishable by incarceration of 180 days, and a fine of $2000.00. Both substances are sold as dried plants, which users smoke in order to get high, but the laws which penalize the use of each plant involve different units of measurement. In fact, the unit of measurement which is used in the Salvia law (grams) is used to measure quantities of controlled substances that are sold in pill or powder form. The effect of this discrepancy between the laws that regulate Salvia and marijuana is that individuals who use Salvia instead of marijuana can be punished much more harshly for possessing a much smaller amount.

It is also worth noting that the Texas Salvia law is written so broadly that it may not pass muster under the Religious Freedom Restoration Act. Some people use Salvia Divinorum as a part of their spiritual practice, and when they do this, they chew on the leaves of the plant. This practice originated with the Mazatec people in Mexico, and has been incorporated into other religions where vision quests or divination are part of spiritual practice. Recreational users of Salvia smoke the plant, instead of chewing it. Both activities are covered by the law, which prohibits the use or possession of any part of the plant.

Perhaps the most puzzling thing about the criminalization of Salvia Divinorum is that there is no apparent reason for it to be classified as a Class III controlled substance. Although Salvia is a hallucinogen, there are no reports of Salvia-related health concerns coming from the medical community. There are also no reports coming from law enforcement regarding any danger to the public as a result of Salvia use. Salvia is usually used in a quiet place, away from people, so it is not a “party” drug, like many of the substances that cause problems for law enforcement.

If you have been charged with the possession of Salvia Divinorum or any other controlled substance, you need the assistance of a seasoned criminal defense attorney. Schedule a free consultation with Alex Tyra, a Longview, Texas criminal defense attorney, today. Call our law office at (903) 753-7499, or contact us through our website.

The Game is Not Over Until You are Safe at Home

December 25, 2013/in Texas DWI Defense/by LS_admin

Although you might think that the concept of “making it home safe” applies more to baseball than it does to football, recent statistics regarding drunk-driving-related accidents and Texas football games indicate that a refresher course on the topic is in order. Attending football games, tailgating, and getting together with friends to watch football games on television are favorite fall activities for many Texans. Enjoying a few drinks while watching the game is also a favorite pastime of many Texas football fans, and unfortunately, not everyone is playing it safe when it comes to getting home after the game.

According to a recent press release from the Texas Department of Transportation, game day drinking has increasingly become associated with drunk-driving-related accidents. Last year, during football season, there were 1,612 alcohol-related car accidents in Texas on days when one or more Texas college or professional football games were played. As a result of those accidents, fifty-seven people died and many more were injured.

The Texas Department of Transportation is making an effort to increase awareness of the risks of driving under the influence on game day. If you have been to a football game lately, you may even have seen the TxDOT “Fan Van”, a football-shaped vehicle which has been making the rounds to stadiums throughout the state. The “Fan Van” combines an anti-drunk-driving message with an opportunity for football fans to win prizes by making a pledge not to drink and drive this football season.

In addition to the “Fan Van”, the Texas Department of Transportation is broadcasting its messages on the radio, on television, and through other media like mobile ads. The message is clear – if you are going to drink while you enjoy the game, make sure that you have a sober ride home. Some options for sober transportation include designating a driver, taking a taxi, and using public transportation. If you are unsure of what the sober transportation options are at the place where you will be watching the next game, visit the Texas Department of Transportation’s mobile-friendly website, www.SoberRides.org, to see what options are available.

Despite the concerning statistics and the renewed efforts that are being made to promote sober transportation as an alternative to driving under the influence on game day, not all Texas football fans are likely to heed the Texas Department of Transportation’s warning. Many well-intentioned football fans might go tailgating or to watch a game thinking that they have a ride home, only to have their plans fall through. Others might drink more than they had anticipated that they would, and they may find themselves without a sober ride home at the end of the game. For whatever reason, some people will still probably drive home from watching the game after they have had too much to drink.

If you have been accused of driving under the influence of alcohol, whether on game day or any other day, it is important that you seek counsel from an experienced East Texas DWI defense attorney. To learn more, schedule your free consultation with Longview DWI defense attorney Alex Tyra by calling (903) 753-7499, or visit our website and submit an online contact form.

Why Should I Settle My Texas Divorce Case?

December 1, 2013/in Texas Divorce Cases/by LS_admin

Did you know that most divorce cases, whether they take place in Texas or elsewhere, are resolved through settlement instead of by trial? It is estimated that around ninety five percent of divorce cases settle, with a remaining 5% to be handled in the courtroom. If you are currently convinced that your divorce case will be a part of the five percent of divorce cases that go to trial, keep reading to find out why so many divorce cases settle, and why your case is very likely to end up being one of them.

The parties in a divorce proceeding are certainly adverse to one another, at least in many cases. After all, if things were workable between them, then they would not be filing for divorce. There is one thing, however, that even the most adversarial of spouses can often agree on. That one thing is that each of them will be better off if they design their own divorce settlement than if they let a judge design it for them.

The reason for this is simple. The parties to a divorce know what property they have, and which items are most important to each of them. If they have children, they know what kind of a schedule will work for their family, and what things they consider important with regards to the children. Any property settlement and parent child contact schedule that the parties arrive at through settlement is going to reflect this knowledge about what is important to the parties and what will work for them much better than a divorce order that is created by someone who does not know the family.

With this in mind, you may be wondering how you will ever be able to reap the benefits of settling your divorce if you cannot so much as have a simple conversation with your soon to be former spouse without the conversation quickly dissolving into yelling, tears, or silence. If communication between you and your soon to be former spouse is difficult, you are not alone. Most couples who are divorcing have at least some degree of difficulty communicating with each other at least some of the time. Despite this, most of them are able to go on to settle their divorces without a trial.

How do they do it? By getting attorneys involved. An experienced Texas divorce attorney can help you to bypass communication difficulties and obtain a settlement that is based upon what is important to you. It may seem counterintuitive that bringing attorneys into what is already an adversarial situation could actually make communication better, because usually when people retain an attorney for the purpose of filing a lawsuit based upon a dispute that they cannot resolve, it is viewed as taking the conflict between the parties to the next level.

In a divorce, the attorneys provide a sort of filter, or buffer, between the feuding parties. For example, if you wrote up a settlement offer and presented it to your spouse, he or she may reject it regardless of what it says, simply because it came from you. If that same exact offer was sent from the desk of your attorney to the desk of their attorney, and their attorney presented it to them as an option, they are much more likely to accept it. At the very least, they will read through it without tearing it up, and if it is not to their liking they will work with their attorney to present a counter offer.

A knowledgeable East Texas divorce attorney can help you to obtain the divorce settlement that you deserve, without the stress and expense of a trial. Schedule a free consultation with Longview divorce attorney Alex Tyra today, by calling (903) 753-7499, or visit our law firm website to submit an online contact form.

Do Field Sobriety Tests Often do More Harm Than Good?

November 26, 2013/in Criminal Defense, Texas DWI Defense/by LS_admin

If a police officer has ever asked you to perform a field sobriety test, you probably felt like you had no choice but to get out of the car and do your best to walk in a perfectly straight line, or to point to your nose in just the right way. What many people do not know about field sobriety tests is that you do have a choice about whether or not you participate in them. Also, many people are unaware of all of the potential implications of engaging in field sobriety testing.

It is important that you become familiar with field sobriety testing, because you never know when your next traffic stop might be. Even if you do not consume alcohol, you should educate yourself about this issue because sober drivers are sometimes asked to perform field sobriety tests. In fact, one of the most disturbing things about field sobriety testing is that some sober drivers fail the tests and are subsequently charged with driving under the influence of alcohol, while some drivers who are intoxicated pass the tests and get back behind the wheel.

Field sobriety tests are increasingly becoming regarded as inaccurate assessments of intoxication. The National Highway Transportation Safety Administration has not issued any standards for administering or scoring field sobriety tests. This leaves the decision about whether an individual passes or fails each test up to the subjective judgment of the law enforcement officer administering it. Studies have shown that police officers judge a driver’s level of intoxication incorrectly during one third of all field sobriety tests that they administer. This means that every time you choose to do a field sobriety test, there is a one in three chance that you will either be wrongly accused of driving under the influence or that you will be permitted to continue driving while intoxicated, depending upon your actual condition.

Not only are field sobriety tests inaccurate, they are also damaging. Whenever an officer asks you to step outside of your vehicle for a field sobriety test, they have already decided that they think that you have been drinking. Every single movement that you make once you decide to exit your vehicle becomes evidence that the law enforcement officer can use to build his or her case in support of a DWI conviction.

Engaging in a field sobriety test will not, contrary to popular belief, get you back on the road faster by “proving” that you are sober. Sober drivers often make the mistake of choosing to participate in field sobriety tests because they think that the officer will certainly be able to see that they are not intoxicated. Unfortunately, many people are not aware that they can easily fail a field sobriety test when they are completely sober. If you are nervous or tired, you could be a little shaky on your feet. The same goes for if you are wearing high heels, or if the road surface is wet, uneven, or slippery. Some tests require a fair amount of coordination, and some people will fail those tests when they are sober simply because they are not very coordinated.

If you have been accused of driving under the influence of alcohol, you need the help of an experienced Longview DWI defense attorney. To learn more about how we can help you to defend yourself against DWI charges, schedule a free consultation with East Texas DWI defense attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our law firm website to submit an online contact form.

How to Start Building Your Criminal Defense Case Now

November 12, 2013/in Criminal Defense/by LS_admin

There are many stages that a criminal case passes through before it runs its course. From the arrest and booking to the arraignment, pre-trial hearings, and trial, there are many opportunities for a defendant to put his or her best foot forward and make a case for the reduction or dismissal of his or her charges. Accordingly, if you are currently facing criminal charges in Texas, there are a few things that you can do that could improve the outcome of your case.

One essential ingredient for a successful criminal defense is information. Your Texas criminal defense lawyer needs information from you so that they can approach your defense from as many angles as possible. If your lawyer asks you for information, get it to them as quickly as you can so that they can decide how they will use it. The same is also true when you have questions about your case. Your attorney has a wealth of knowledge and information about criminal law, and you can access that knowledge by asking questions when you are confused, concerned, or simply want to know more about something. Statistics have shown that clients who are responsive to their attorneys’ requests for information and other communications, and who ask questions when they have a need for information, are more satisfied with the outcomes of their cases than clients who are not actively involved in communicating with their attorneys.

If drug or alcohol use is associated with the criminal charges that you are facing, then substance abuse counseling and/or treatment are likely to be required of you during probation. You can get a head start on addressing any substance abuse issues that you may have by finding an appropriate doctor, treatment facility or counseling provider and beginning to work on those issues now. When you go to court, there is a good chance that whatever program or treatment you are using can become part of your probation, if you can show that it is working for you. Choosing your own doctor, counselor or treatment program gives you the best chance at successfully addressing your substance abuse issues, instead of letting the court decide which programs you will attend.

A third thing that you can do which will both benefit you and help you to present a solid case in court is to continue doing those things that you were doing prior to your arrest which were good things. If you can keep working at your job, do it. If you were in school, stick with it. Some people let things fall to pieces after they have been arrested, and this often creates problems that extend beyond the consequences of the original arrest. Continuing on with your life’s positive endeavors is a great thing for both you and your criminal case because it can help you to remain confident that you will have a positive outcome, and because it creates an image of you as a generally law-abiding citizen who made a mistake.

An experienced Longview criminal defense attorney can help you to navigate your criminal case, from start to finish. Schedule a free consultation with East Texas criminal defense attorney Alex Tyra today, by calling (903) 753-7499, or visit our law firm website to submit an online contact form.

Latest News

Five Things Every Texas DWI Defendant Should Know

When it Comes to Drugs, The Nose Does Not Always Know

Sage Advice Regarding the Drug “Salvia Divinorum”

The Game is Not Over Until You are Safe at Home

Why Should I Settle My Texas Divorce Case?

Do Field Sobriety Tests Often do More Harm Than Good?

How to Start Building Your Criminal Defense Case Now

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