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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.
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.
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.
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.
If you are thinking about getting a divorce in Texas, or if you are already involved in a Texas divorce case, you may be wondering about how the court will divide your property in the event that you and your soon-to-be-former spouse are unable to reach a property settlement agreement. Texas is a community property state, and the guiding principle that Texas judges follow when dividing up the property in a couple’s community estate is that the distribution must be “just and right”. As noble as that sounds, it is entirely possible that a “just and right” property distribution which is created by a judge, and not by the parties themselves, could leave one or both of the divorcing parties very dissatisfied with the outcome.
In a community property state like Texas, each of the debts or assets of a married couple can be placed into one of two categories, community property and separate property. Community property consists of all property that was acquired by either spouse during the marriage, as well as all debts that were incurred by either or both spouses during the marriage. Some assets or debts may be excluded from a couple’s community estate and regarded as separate property if they were received or incurred solely for the benefit of one spouse during the course of the marriage. Examples of situations in which property that appears to be a part of the community estate may instead be a part of one of the spouses’ separate estates are when one spouse inherits a sum of money from a family member, or when one spouse takes out a loan for equipment that they use for a business that they, alone, are involved in.
When a divorce case is decided by the court, the judge might order a ratio of distribution that is not a 50/50 split. Factors like disparate earning capacity or time spent at home caring for children can result in a property award that is 55/45 or even 60/40. Other factors that may weigh on the judge’s decision include the age and health of the parties, whether one party is at fault for the dissolution of the marriage, what kinds of assets comprise the community estate, the values of the separate estates, and child custody.
An East Texas divorce attorney can help you to get your divorce case moving in the direction of a property settlement by communicating with the other party’s attorney, if they have one. Even if the other party does not have an attorney, your attorney can speak with them directly about how you would like to divide the marital property. This is often more effective than speaking with them yourself, because it creates distance between the two of you and makes for less of an emotionally-charged conversation than it would be if it were just the two of you. If your case goes to mediation, your attorney can represent you in that process as well.
An experienced Longview divorce attorney can also help you to understand and evaluate a property settlement offer which has been proposed by your soon-to-be-former spouse. Do not agree to any distribution of property until you are absolutely sure that it is in your best interest to do so. If you have any questions or concerns about how property will be divided in your divorce, or if you would like to learn more about property settlements in Texas divorce cases, schedule a free consultation with East Texas divorce attorney Alex Tyra. Call us today, at (903) 753-7499, or fill out the convenient online contact form which is located on our website.
The defense of entrapment is something that many people have heard about, yet few people fully understand. Typically, people think about entrapment when someone is arrested for committing a drug or sex crime, especially during law enforcement “sting” operations. Some people mistakenly believe that any time a police officer or other government official “sets up” a situation in which a person commits a crime, (such as soliciting a prostitute or selling drugs), there automatically is a case of entrapment. This is simply not true, and, unfortunately, this mistaken belief may provide some criminal defendants with the false hope of getting their charges reduced or dismissed.
In reality, true cases of entrapment are actually quite rare. Law enforcement officials are well aware that if they cross the line between merely providing an individual with an opportunity to engage in criminal activity and convincing an individual to commit a crime through the use of persuasion, then their case will not succeed. Texas uses an objective standard to determine whether entrapment has occurred in any particular case. In applying the objective standard, the courts look at the actions of the police officers and any individuals that were working under the officers’ direction in carrying out the scenario that led to the purported entrapment. If the court determines that the actions of the officers and/or the individuals assisting them were calculated to induce, seduce, coerce, or otherwise cause someone to commit a crime, then a defense of entrapment may be successful.
Examples of inappropriate action by law enforcement include sexual favors, excessive financial incentives, and repeated requests combined with emotionally charged stories. Perhaps the best way to explain entrapment is to distinguish situations where entrapment actually occurs from situations in which a person is merely afforded an opportunity to commit a crime and freely chooses to do so. For example, if an undercover police officer asks a person multiple times over the course of a few weeks if he can buy drugs from them, and eventually asserts that he wants to buy the drugs so that he can give them to his mother, who has only days to live and is in extreme pain, than an entrapment defense may succeed because of the officer’s over-the-top behavior. On the other hand, if an undercover police officer dresses like a prostitute and stands near the street, and a someone drives over to where she is standing and asks her how much money it would cost for him to have sex with her, that individual will probably not be successful in asserting an entrapment defense because the undercover officer merely provided an opportunity for the crime of soliciting prostitution to occur.
If you have been charged with a drug crime or a sex crime and you feel as though you were coerced, bullied, badgered, or otherwise strong-armed into committing an unlawful act, you may be able to use the defense of entrapment. A knowledgeable Longview criminal defense attorney like Alex Tyra can help you to determine whether the defense of entrapment is available to your particular case. Call our Longview office for a free consultation, at (903) 753-7499, or submit a case contact form via our law firm website.
If you plan on attending a Halloween party in Texas later this month, there is something that you definitely should know. Holiday weekends, including the weekend of Halloween, are considered to be “No Refusal” weekends in many cities and counties throughout Texas. During a No Refusal weekend, individuals who are suspected of driving under the influence of alcohol will be told by police that they must submit to roadside breath or blood alcohol testing. Any driver who refuses to submit to roadside breath or blood alcohol testing during a No Refusal weekend will automatically be arrested, and a blood sample will be obtained from them while they are in police custody.
The procedure for obtaining blood samples from drivers who refuse roadside testing during No Refusal weekends may vary slightly from location to location. In most places, the procedure begins when a driver suspected of DWI refuses to submit to roadside breath or blood testing. The police take the driver into custody and transport them to a location that has been designated as the central processing facility for all DWI suspects. The facility may be a jail, but in some places, a mobile blood draw van or a hospital is used instead. While the driver is in custody, the officer applies for a blood draw warrant from a night judge. If the warrant is issued, a nurse or other medical professional obtains the blood sample from the suspect.
When the No Refusal rule is not in effect, Texas drivers who are suspected of DWI may refuse to submit to roadside breath or blood testing, with the only consequence being license suspension. According to state-wide statistics, the rate of refusal is about 50%, with repeat DWI offenders refusing breath testing about 70% of the time. The threat of arrest and involuntary blood alcohol testing during No Refusal weekends drastically lowers the refusal rate to about 25%.
The important thing to remember about No Refusal weekends is that traffic stops during those weekends are no different than traffic stops at any other time. If a police officer has pulled you over to investigate the possibility that you are driving under the influence of alcohol, the officer has already made up his or her mind that you are impaired. Do your best to remain calm, and treat the officer with respect as you politely say as little as possible except to identify yourself and provide proof of insurance. The less information you provide to the officer, the less information the officer has to put in the application for a blood draw warrant, and the less likely it is that the warrant will be issued.
Even if you are calm and respectful during the traffic stop, and you do not provide the police officer with much information, the officer may still obtain a blood draw warrant and take you into custody. If you are taken into custody, continue to remain silent and ask to speak with an attorney. A knowledgeable Texas DWI defense attorney can scrutinize the blood draw warrant, the handling of the blood sample, the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample, among other things.
If you are charged with DWI during a No Refusal weekend or at any other time, it is important that you get help from an experienced Longview DWI attorney. Attorney Alex Tyra has been providing top quality legal defense services to East Texas clients since 1998. For a free consultation, call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.