News - Alex Tyra Law Office

Hit-and-run Criminal Charges in Longview, Texas

February 6, 2022/in Firm News/by LS_admin

The Criminal Penalties for a Hit & Run Criminal Charge in Texas

Motor vehicle accidents are usually a civil matter. However, if a driver causes or is involved in a car wreck and then flees the accident scene, that driver has committed a serious error and will be criminally charged when found and arrested.

The crime of “Leaving the Scene of an Accident” occurs when a driver hits another motor vehicle, a pedestrian, a cyclist, or someone else’s property, then flees the scene by vehicle or by foot. In Texas, drivers who are involved in an accident must provide contact information, exchange insurance details, and check for injuries. Moreover, all drivers involved in a Texas motor vehicle accident legally obligated to stay at the accident scene unless severely injured.

In Texas, a hit-and-run with property or vehicle damage that is under $200 is a Class C Misdemeanor criminal charge. The defendant, if found guilty, will be fined $500.

For hit-and-run accidents causing more than $200 in damage to another’s vehicle or property, the at-fault driver will charged with a Class B Misdemeanor. Class B Misdemeanors are punished with no more than six months in jail and/or fine of up to $2,000.

If the hit-and-run accident involves non-life-threatening injuries, the crime is charged as a felony offense and carries up to five years in prison and/or a fine of up to $5,000. If a hit-and-run accident involves a severe injuries or death, the crime is charged as a third-degree felony. Third-degree felonies in Texas are punished with up to ten years in prison and/or a fine of up to $10,000.

A Few Potential Legal Defenses to Hit-and-run Criminal Charges in Texas, include:

Medical Emergency – The driver was responding to a medical emergency and was heading to the emergency room.

Unaware of the Crash – The hit-and-run driver did not know they were involved in the accident.

Involuntary Intoxication – The hit-and-run driver was drugged without their knowledge and was involuntarily intoxicated while driving.

If you or a member of your family have been charged with “Leaving the Scene of an Accident” with our without injuries or death in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Defending Against DWI Criminal Charges in Texas

February 3, 2022/in Firm News/by LS_admin

When someone has been charged with Driving While Intoxicated (DWI) in Texas, the defendant is presumed innocent, and Texas prosecutors have the burden of proving the defendant is guilty beyond a reasonable doubt. The defendant will be acquitted of the DWI criminal charge if the State’s Attorneys fail to meet its burden of proof in the DWI criminal case. An effective DWI defense in Texas protects the defendant’s presumption of innocence while preventing State Attorneys from fulfilling its burden of proof.

What State Attorneys Must Prove in a DWI Criminal Trial

Effective DWI defense strategies involve attacking the prosecution’s case while maintaining the defendant’s presumption of innocence. An individual can be convicted when the prosecution submits admissible evidence that refutes the defendant’s presumption of innocence. For someone in Texas to be found guilty of comitting DWI, the prosecution must persuade a jury that

(1) the defendant operated a vehicle,

(2) in public while either

(3) under the influence of drugs and/or alcohol with a blood alcohol content (BAC) of 0.08 or greater.

The accused will be acquitted of DWI if the prosecution is unable to prove the defendant is guilty of those three elements of a Texas DWI. In Texas, a person cannot be tried for the same crime after they have been acquitted of a crime.

Top Texas DWI Trial Defenses

Challenging the Lawfulness of the Traffic Stop

During the DWI pre-trial stage, your criminal defense lawyer might find evidence that makes contesting the police’s traffic stop in your case. This action is called a Motion to Suppress Evidence. The prosecution has to prove that the law enforcement officer didn’t violate the defendant’s constitutional rights to protect against “unreasonable searches and seizures.” State Attorneys are required to prove the police officer had a specific reason to stop the defendant. The prosecution must also prove that statements made by the did not violate their Miranda warnings, and any of their statements were made voluntarily without coercion. The criminal justice judge will order all evidence, including the video recording of the traffic stop, police observations, booking video, field sobriety test video, portable breath test results, driver statements, breathalyzer tests, or test refusal to rule if law enforcement officers violated the defendant’s constitutional rights. If any or all of the evidence is suppressed, the prosecution may not use suppressed evidence at the DWI criminal trial. This could result in a dismissal of the DWI charges.

Challenging All of the DWI Tests

Another strong defense could include attacking the prosecution’s evidence such as chemical testing, field sobriety tests, the officer’s Horizontal Gaze Nystagmus (HGN) test. Your DWI defense attorney might attack the prosecution’s evidence on the grounds that the testing is not scientifically reliable and shouldn’t be entered into evidence at the DWI trial. The defense may also attack the State’s expert by arguing the State’s expert lacks the training, experience, and knowledge to present a dependable scientific opinion at trial. These attacks will be made a trial. However, it is advantageous to attack the expert at pre-trial. Winning a pre-trial contest concerning scientific evidence helps the defense understand the evidence before trial.

A winning DWI defense strategy explores all potential defenses. Since every DWI criminal case is unique, our experienced DWI defense attorney explores all possible avenues to defend a DWI criminal case.

If you or a member of your family have been charged with DWI in Texas, contact The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free case review with our legal team.

The Law Office of Alex Tyra, P.C.
211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Fatal Truck Accidents Have Surged in the Dallas-Fort Worth Metroplex

January 15, 2022/in Accidents Cases/by LS_admin

According to a news report posted on star-telegram.com, a severe truck accident occurred along Loop 820 in North Richland Hills, Texas. The crash occurred between a fuel tanker truck and a truck hauling animal waste. The accident was fatal and the truck fire burned for several hours. One truck driver died, and two other people were seriously injured. According to the report, accidents have uptick since the beginning of the coronavirus pandemic and fatal accident involving commercial vehicles have increased.

Deadly truck accidents have been on the increase nationwide leaving traffic safety experts wondering what to do to reduce these deadly collisions. In Texas, traffic safety experts have been working on new solutions to improve road safety. However, the Dallas-Fort Worth Metroplex’s has seen substantial growth and crisis in the transportation industry.

When the epidemic began, traffic volume fell and local transit experts expected road safety to improve. However, in March of 2020, the number of fatal accidents sudsy began to surge, according to the director of transportation at the North Central Texas Council of Governments. This was a surprise since miles traveled nationwide fell by 13% in 2020, while traffic accident fatalities grew by 7% in 2020. According to the National Highway Safety Administration, the number of people who died in motor vehicle accidents grew by 10% in 2020. In the twelve counties spanning the Dallas-Fort Worth area, Collin, Dallas, Denton, Ellis, Hood, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties, the number of truck-related fatal accident grew in 2020 and 2021. The area had 78 fatal accidents involving commercial vehicles in 2019. That number grew to 90 in 2020 and 92 in 2021.

Safety experts believe the reason for the increase is the amount of open road due to less traffic. Drivers began driving faster and more recklessly and this increase the chances of causing a fatal accident. Law enforcement authorities have stated that they are witnessing more aggressive driving on on the road. Many drivers are weaving in and out of traffic lanes and as more people returned to work, these bad driving behaviors continued leading to more fatal accidents.

According to Lance Simmons, the Texas Department of Transportation’s Director of Engineering and Safety Operations, there seems to be more angry drivers on the road. on the road and they are seeing people taking a lot more risks. Although the Texas Department of Public Safety has a people dedicated commercial vehicle safety and law enforcement, not all roadways are conducive to enforcement, according to SergeantJosue De La Cerda. Oftentimes, there is no place for law enforcement officers to safely conduct a traffic stop,

Another issues is fatigued driving. Although truckers are limited in the number of hours they are permitted to drive, some truckers experience “Road Hypnosis.” Road Hypnosis occurs when a driver follows endless yellow lines, watches cars pass, and are listening to the constant hum of the truck’s tires and engine. This can put truck drivers into a “trance-like state,” said Carlos Mendez. Mr. Mendes is a former truck driver and he is the lead organizer with Teamsters Local 745 in Dallas, Texas. Mendez also believes the “unprecedented driver shortage,” is pushing trucker to their limits.

If you have questions about truck accident injury claims in Texas, call Texas Accident Injury Attorney Alex Tyra today, at (903) 753-7499.

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Fatal Truck Accidents Have Surged in the Dallas-Fort Worth Metroplex

January 15, 2022/in Accidents Cases/by LS_admin

According to a news report posted on star-telegram.com, a severe truck accident occurred along Loop 820 in North Richland Hills, Texas. The crash occurred between a fuel tanker truck and a truck hauling animal waste. The accident was fatal and the truck fire burned for several hours. One truck driver died, and two other people were seriously injured. According to the report, accidents have uptick since the beginning of the coronavirus pandemic and fatal accident involving commercial vehicles have increased.

Deadly truck accidents have been on the increase nationwide leaving traffic safety experts wondering what to do to reduce these deadly collisions. In Texas, traffic safety experts have been working on new solutions to improve road safety. However, the Dallas-Fort Worth Metroplex’s has seen substantial growth and crisis in the transportation industry.

When the epidemic began, traffic volume fell and local transit experts expected road safety to improve. However, in March of 2020, the number of fatal accidents sudsy began to surge, according to the director of transportation at the North Central Texas Council of Governments. This was a surprise since miles traveled nationwide fell by 13% in 2020, while traffic accident fatalities grew by 7% in 2020. According to the National Highway Safety Administration, the number of people who died in motor vehicle accidents grew by 10% in 2020. In the twelve counties spanning the Dallas-Fort Worth area, Collin, Dallas, Denton, Ellis, Hood, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties, the number of truck-related fatal accident grew in 2020 and 2021. The area had 78 fatal accidents involving commercial vehicles in 2019. That number grew to 90 in 2020 and 92 in 2021.

Safety experts believe the reason for the increase is the amount of open road due to less traffic. Drivers began driving faster and more recklessly and this increase the chances of causing a fatal accident. Law enforcement authorities have stated that they are witnessing more aggressive driving on on the road. Many drivers are weaving in and out of traffic lanes and as more people returned to work, these bad driving behaviors continued leading to more fatal accidents.

According to Lance Simmons, the Texas Department of Transportation’s Director of Engineering and Safety Operations, there seems to be more angry drivers on the road. on the road and they are seeing people taking a lot more risks. Although the Texas Department of Public Safety has a people dedicated commercial vehicle safety and law enforcement, not all roadways are conducive to enforcement, according to SergeantJosue De La Cerda. Oftentimes, there is no place for law enforcement officers to safely conduct a traffic stop,

Another issues is fatigued driving. Although truckers are limited in the number of hours they are permitted to drive, some truckers experience “Road Hypnosis.” Road Hypnosis occurs when a driver follows endless yellow lines, watches cars pass, and are listening to the constant hum of the truck’s tires and engine. This can put truck drivers into a “trance-like state,” said Carlos Mendez. Mr. Mendes is a former truck driver and he is the lead organizer with Teamsters Local 745 in Dallas, Texas. Mendez also believes the “unprecedented driver shortage,” is pushing trucker to their limits.

If you have questions about truck accident injury claims in Texas, call Texas Accident Injury Attorney Alex Tyra today, at (903) 753-7499.

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

How Divorcing Senior Citizens Can Protect Their Financial Interests

January 1, 2022/in Texas Divorce Cases/by LS_admin

The divorce rate for individuals over the age of fifty has doubled since 1990. An average divorce in Texas costs approximately fifteen thousand dollars and takes an average of twelve months to conclude. The high cost of divorce often tempts divorcing seniors to look for lower-cost alternatives to hiring an experienced divorce attorney. However, if you are facing divorce and have accumulated assets, including real estate, motor vehicles, retirement savings, and other assets, those assets are at risk. An experienced divorce attorney can help you protect your future and help to make asset and debt division fair.

When seniors are going through a divorce, they can be in a financially vulnerable position because they are approaching the age of retirement. As adults approach retirement, they might not understand how to survive on their savings, retirement accounts, and social security once they stop working. If you are considering divorce or if you have been served with divorce paper, it is very important that you educate yourself about the true costs of divorce, including your future financial life. You must also begin planning so that you can avoid some the financial struggles that people face when they are going through a divorce.

It is crucial for people going through a divorce to properly estimate the costs of living on one income. It is very important to have a realistic idea of your living expenses after the divorce. This includes spousal support, child support, child college costs, and other post-divorce expenses. Online research may help your attorney understand your legal obligations and what money you should receive as part of the divorce. It is important to understand the true living costs as you move forward with your divorce. You might have to reexamine your needs to determine your best interest. For example, can you afford the monthly car payments on the motor vehicle that you and your spouse own? Can you afford to pay the mortgage on the family home? Many divorcing spouses choose to negotiate a payout on depreciating assets like automobiles while negotiating to keep appreciating assets like a home. Your divorce attorney can help you or recommenced financial planners to help you make these important decisions.

During the divorce process, you will have to make important financial decisions when dividing assets that do not split without incurring tax or other consequences. Your divorce attorney can recommend a tax professional during your divorce to help you make informed decisions about dividing assets between yourself and your spouse.

It is important to assess the cost of dividing up the family debts and assets fairly in order to protect your financial future. You will need to provide financial records to your divorce attorney and to other professionals like financial and tax advisors, so they can help you during the divorce process. When you take the time to gather and organize all of your financial records will help you understand where you stand financially so that you can make the right moves before, during, and after a divorce.

If you have questions about the divorce process in Texas, call Family Law Attorney Alex Tyra today, at (903) 753-7499.

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Divorcing Couples: Who Gets What in a Texas Divorce

November 10, 2021/in Texas Divorce Cases/by LS_admin

Divorce can be a stressful and complicated legal process, especially when children and valuable assets are involved. Other than working out child custody of minor children, the next major issue of contention is determining how to divide real property and assets. Depending on your specific situation, discussing property division may cause heated arguments or mature conversations. However, the following may help you understand “who gets what in a Texas divorce case.”

Understanding the Types of Texas Divorces

In Texas, there are types of divorces – contested and uncontested. Ordinarily, divorcing spouses generally do not have the power to choose which divorce they will undergo. The people involved and the circumstances involved in the divorce will determine whether the divorce will be contested or uncontested.

Uncontested divorces are easier and more straightforward. Uncontested divorces in Texas usually do not involve a civil trial. Uncontested divorces are usually amicable, and the two parties come together and form an agreement to address their property issues and custody arrangement. The parties agree on all terms.

Contest divorces are divorces that involve disagreements concerning the divorce itself, child custody, marital property, and other legal matters. These divorce issues are typically decided through litigation.

Texas is a “community property state.” This means the State of Texas divides both spouses’ properties equally. Generally speaking, it does not matter whose name is on the marital property. If the marital property was acquired during the marriage, it becomes “marital property.” There are few circumstances when property received during a marriage is not deemed marital property.

Avoiding Losing Pre-Martial Assets During a Texas Divorce

One way to avoid losing pre-marital assets is to create a prenuptial agreement. A prenuptial agreement details how certain pre-marital assets are distributed if a divorce should occur in the future. Prenuptial agreements are legally binding unless a spouse signed the prenuptial agreement while “under duress,” or the document contains information that is untruthful.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation

When you need assistance from an experienced Longview attorney or if you need to better understand your 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.

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Divorcing Couples: Who Gets What in a Texas Divorce

November 10, 2021/in Texas Divorce Cases/by LS_admin

Divorce can be a stressful and complicated legal process, especially when children and valuable assets are involved. Other than working out child custody of minor children, the next major issue of contention is determining how to divide real property and assets. Depending on your specific situation, discussing property division may cause heated arguments or mature conversations. However, the following may help you understand “who gets what in a Texas divorce case.”

Understanding the Types of Texas Divorces

In Texas, there are types of divorces – contested and uncontested. Ordinarily, divorcing spouses generally do not have the power to choose which divorce they will undergo. The people involved and the circumstances involved in the divorce will determine whether the divorce will be contested or uncontested.

Uncontested divorces are easier and more straightforward. Uncontested divorces in Texas usually do not involve a civil trial. Uncontested divorces are usually amicable, and the two parties come together and form an agreement to address their property issues and custody arrangement. The parties agree on all terms.

Contest divorces are divorces that involve disagreements concerning the divorce itself, child custody, marital property, and other legal matters. These divorce issues are typically decided through litigation.

Texas is a “community property state.” This means the State of Texas divides both spouses’ properties equally. Generally speaking, it does not matter whose name is on the marital property. If the marital property was acquired during the marriage, it becomes “marital property.” There are few circumstances when property received during a marriage is not deemed marital property.

Avoiding Losing Pre-Martial Assets During a Texas Divorce

One way to avoid losing pre-marital assets is to create a prenuptial agreement. A prenuptial agreement details how certain pre-marital assets are distributed if a divorce should occur in the future. Prenuptial agreements are legally binding unless a spouse signed the prenuptial agreement while “under duress,” or the document contains information that is untruthful.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation

When you need assistance from an experienced Longview attorney or if you need to better understand your 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.

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Latest News

Hit-and-run Criminal Charges in Longview, Texas

Defending Against DWI Criminal Charges in Texas

Top Texas DWI Trial Defenses

Fatal Truck Accidents Have Surged in the Dallas-Fort Worth Metroplex

Fatal Truck Accidents Have Surged in the Dallas-Fort Worth Metroplex

How Divorcing Senior Citizens Can Protect Their Financial Interests

Divorcing Couples: Who Gets What in a Texas Divorce

Understanding the Types of Texas Divorces

Avoiding Losing Pre-Martial Assets During a Texas Divorce

Divorcing Couples: Who Gets What in a Texas Divorce

Understanding the Types of Texas Divorces

Avoiding Losing Pre-Martial Assets During a Texas Divorce

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