Guerra Law Firm, P.C.
Get A Free Legal Consultation
956-616-4628
Se habla Español
Schedule Your Free Legal Visit

Hidalgo County Personal lnjury And Criminal Law Blog

Implied consent and no-refusal DWI

Your legal rights during a traffic stop are always on the line. If you are not aware of the limits to which law enforcement can go to gather evidence of your guilt, particularly regarding the suspicion that you have been drinking alcohol, you may unwittingly surrender important rights.

One area in which this commonly happens is when police ask you to submit to a blood alcohol test to determine how much alcohol you have consumed before getting behind the wheel. The legal limit for blood alcohol concentration in Texas and most states is .08, but do you know if or when you have the right to refuse to submit to the test?

Detainers are requests that do not legally require compliance

As a Texas immigrant, you likely encountered numerous challenges when you first arrived and began to adapt to life in the United States. In fact, even though you've been here for some time, living, working and raising your family, you may still experience situations where you feel anxious or stressed regarding some aspect of your legal status or some other immigration-related issue.  

If you have faced conviction for a misdemeanor or other criminal offense, and the judge overseeing your case sentenced you to jail, you may be worried about immigration detainers. There's definitely no shortage of stories in the news regarding Immigration and Customs Enforcement officers arresting people scheduled for release from local jails. The more you know about detainers, as well as what your rights are and how to protect them, the better.  

Texas intersections: How to improve safety while driving

If someone were to ask you how many motor vehicle collisions typically occur at intersections, what would you say? If your answer was at least half, then you are correct. In Texas and all other states, approximately 50 percent of collisions occur at crossroads; this amounts to approximately 20 percent of accidents that result in fatalities.  

Intersections often involve multiple traffic lanes, so it is important toward your own safety, as well as the safety of pedestrians and other motorists nearby, that you always make certain you are in the correct lane before approaching a crossing. You may suffer injury if a negligent driver suddenly cuts across a lane. There are several other defensive driving techniques that can lower your risk for an accident.  

Were there issues with the traffic stop that led to your DUI?

When facing DUI charges, you understand the importance of defending yourself and fighting to protect your future interests. Even first-time DUI offenders in Texas can face serious consequences if convicted, and it is beneficial to start building a strong defense as soon as possible. One important element of a strong defense strategy is to examine what happened in the initial DUI traffic stop.

As part of developing your defense strategy, it can be helpful to evaluate the circumstances of the original traffic stop. Law enforcement needs specific reasons to pull a driver over, and failure to have valid grounds for a traffic stop could invalidate the entire case against you. There are also regulations in place for how they can deal with suspected drunk drivers and administer sobriety tests.

Inexperienced drivers especially at risk for these distractions

When you first learned to drive, someone (likely a parent or a Texas driving instructor) probably reminded you more than once to keep your eyes on the road and your hands on the wheel. It is sage advice, as there are many things than can quickly go wrong if you're looking away from the road and/or become manually distracted.   

 Distracted drivers place you at great risk for injury, and young or inexperienced drivers are particularly prone to distraction behind the wheel. There are several common types of driving distraction that you'll want to avoid if you're the driver, but also that you'll want to be aware of should you notice another motorist nearby exhibiting one or more of these behaviors. Another driver's distraction can land you in the hospital.   

What happens after an accident could matter for your claim

It can be difficult and confusing to navigate the aftermath of an accident, especially if you suffered serious injuries. Texas readers know that the steps they take after an accident are important, and what they do after a crash could have a direct impact on any injury claim. It can be helpful to understand what to do to protect your interests. 

You can directly impact the outcome of your personal injury claim by what you do after an accident. Whether you recently suffered injuries in a motor vehicle collision or you want prepare yourself for the possibility of an accident, knowing the right course of action can prove beneficial. It can also help you avoid unnecessary mistakes.

Grieving the loss of a child in a fatal Texas car accident

The intense grief you experienced when you lost your child in a Texas motor vehicle accident is unfathomable to most people. In fact, in speaking about your sorrow with others, you may be at a loss for words when trying to find adequate means of describing how you feel. You may feel like you're on an endless roller-coaster of emotion, some days feeling sad, others angry and frustrated. No parent wants to outlive his or her children.  

You know this. However, there was nothing you could have done to stop the other driver from getting behind the wheel after consuming copious amounts of alcohol. There was nothing you could do to make the vehicle stay on the other side of the yellow line where it belonged. Losing a loved one is always difficult; losing a child is one of the greatest tragedies a person can experience in life. This post provides information that may help you navigate the grieving process.  

Hit by a driver who was following you too closely?

Tailgating is a significant issue in Texas and elsewhere. You cannot ever go too far from home without seeing other drivers following you or others around you too closely. This behavior is one of the main causes of rear-end auto collisions. Such collisions can leave victims with injuries that may affect them for the rest of their lives.

If you were in an accident with a person who was riding your rear bumper and you suffered injuries in the event, you may have legal recourse. Tailgating is often viewed as a form of driver negligence. Establishing negligence, among other things, is what your attorney must do to successfully litigate a personal injury claim in civil court.

Did investigators violate your Fourth Amendment rights?

When colonists were at war with Great Britain, certain events led to the drafting of the Fourth Amendment to the U.S. Constitution. If you are well versed in early American history, you may know that British soldiers often invaded people's homes to try to collect evidence that would suggest they had committed crimes. As a result, the founding fathers made sure to protect you against unreasonable government invasion of your privacy.  

When it comes to your Texas home, your vehicle, your business or your person, you have certain rights that impose restrictions on the process government officials use to conduct searches and seizures during investigations. Are you currently facing criminal charges? Did a police officer search your car or home before arresting you? The more you understand about the Fourth Amendment and know how to access support resources, the better you'll be able to protect your rights in court. 

Has a heroin addiction led to criminal charges?

Having a serious drug-related problem could happen to anyone. One minute your life may have felt right on track, and the next minute you may have found yourself at the beck and call of an illegal substance. You may not even feel fully aware of how you ended up in the situation, but trying a drug even once could quickly lead to this type of scenario.

In particular, heroin is a highly addictive substance. Additionally, it can have serious effects on your mental and physical health that not only put you at risk but also lead you to want more of the substance. When these issues take hold, you could face health and legal troubles.

Email Us For a Response

Fight For Your Future. Start With A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Location:

320 West Pecan Blvd
McAllen, TX 78501-2355

Phone: 956-616-4628
Fax: 956-618-1690
Map & Directions