Posted on April 04, 2023 in Uncategorized

We all know that bad things can result from driving while intoxicated. If intoxicated, we know we should hand over the keys to someone else or use Uber or a cab. But if a DWI crash does happen, what happens if the driver was obviously intoxicated, and a bar or restaurant continued to serve them alcohol? In this situation, a bar, bartender, or restaurant that continues to serve someone who is intoxicated can face legal liability for overserving a customer. That's what happened recently to a Lake Worth bartender.

DWI Crash in Lake Worth

On November 27, 2021, a customer in a Lake Worth taco shop was involved in a crash that killed a Euless police detective. The man ran a red light and hit the off-duty detective's vehicle, killing the detective and critically injuring his wife and two children. The man's blood alcohol level was twice the legal limit of.08%, and he had THC in his system. But the bartender who served the man in the taco shop is also facing charges. Police say she overserved the DWI driver, and her license to serve alcohol expired then. She is facing a charge of "sale to certain persons."

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 Posted on April 04, 2023 in Uncategorized

If you're facing DWI charges, it can be stressful and frightening. But if you're also facing additional charges for illegally carrying a firearm, the consequences can be even more serious. That's what a Lorena woman recently discovered. Police arrested the woman for DWI and, while in the back seat of the police car, allegedly stashed a handgun she had on her after divesting herself of the handcuffs and waist chain she was wearing during the ride to prison.

Judge Susan Kelly of Waco's 54th State District Court recently sentenced the 55-year-old woman to eight years in prison for two counts of felony DWI and one count of tampering with evidence. As part of a plea deal, the prosecutor dismissed a charge for burglary of a habitation, alleging she broke into a friend's home after he died in March of 2022.

DWI Charges in Texas

While the consequences of a DWI conviction alone can be serious, the penalties can be even more severe if you're also arrested for gun charges simultaneously. A first DWI in Texas is typically a Class B misdemeanor. A conviction is punishable by up to 180 days in jail, a $3,000 fine, suspension of your driver's license, and additional mandatory administrative fines of $3,000. You could face additional jail time and heftier fines if there are aggravating circumstances.

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 Posted on April 04, 2023 in Uncategorized

Facing a DWI charge is never easy. You may be concerned about possible jail time, fines, or a license suspension. But you may also be concerned about your personal and professional reputation, and with good reason. If you hold a visible position in your community, whether it's through public office, well-regarded charity work, or a highly notable career, a public arrest can affect you personally as well. That's what a Texas State Senator discovered when news of his DWI arrest hit the news.

DWI Arrest for Texas State Senator

In February of this year, an officer spotted the senator's car "swerving to the right and left and split the two lanes repeatedly" at about 2 am on a Tuesday. The officer stopped the senator on suspicion of DWI and stated in his affidavit that the senator had glassy, watery, bloodshot eyes, was confused, and had slurred speech. He also stated that the senator "had a strong odor of alcoholic beverage on his breath." Police arrested him for misdemeanor DWI.

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 Posted on April 04, 2023 in Uncategorized

When you're involved in a suspected DWI crash, you might expect that property damage can happen. You could damage your car or other cars on the road. But sometimes, property on the side of the road can also face substantial damage. That's what an Austin homeowner discovered recently.

Drunk Driver Crashes into Austin Home

In January of this year, a drunk driver crashed into an Austin house at 2:30 in the morning. Thankfully, the car landed in an unoccupied guest bedroom, but the crash caused a great deal of damage to the home. After rescue crews extricated the driver, police arrested him for DWI. News articles indicated that the driver's insurance company would cover the damages. However, this indicates the type of collateral damage you or your insurance company could be responsible for after a DWI crash.

In a bizarre turn of events, the property owner received a letter from the city detailing code violations due to the state of his house. The letter was dated the day of the crash and threatened fines if the homeowner didn't remedy the situation within 30 days. Fortunately, the city indicated it would allow the homeowner additional repair time.

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 Posted on March 03, 2023 in Uncategorized

Being arrested is almost always a frightening and sometimes even traumatic experience. But if you're completely innocent of the crime the police are accusing you of, and you know who did it, it can be even more so. You may wonder what you should say and whether you should be loyal and just keep your mouth shut. In some cases, knowing about a friend's crimes can also be a crime if you knowingly aided in some way or were present at the crime scene. Unless you want to go to jail, you must speak to an experienced Texas criminal defense lawyer as soon as possible.

Were You an Accomplice?

Before you simply tell the police, "I didn't do this, but I know who did," you should speak to an attorney. In some cases, if you were present at the scene, you may be considered an accomplice and guilty of the charged crime or a similar crime. For example, if you're out with friends and one of them decides to smash a store window, your friend may be guilty of criminal mischief or a similar crime in Texas, and you may be blameless. But if you encouraged them to smash the window, handed them a large rock to throw, acted as a lookout, or helped or advised in any way, you could also be guilty of criminal mischief. It's always a good idea to talk to an attorney before you talk to the police to ensure you don't unknowingly implicate yourself in a crime.

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 Posted on March 03, 2023 in Uncategorized

If you live in the Houston area, you may have heard about the annual 2K drag race events over the weekend. The organizers host the yearly event at the Texas Raceway Park in Baytown, drawing thousands of visitors. But at this year's event, police noted that "spinoffs" of the drag racing event spilled over into the streets from Wednesday to Sunday, causing dangerous driving conditions on nearby streets. What may seem like harmless fun can endanger bystanders, drivers involved in the racing, and innocent drivers who happen to be on the same road. If you are facing charges in the wake of this event, contact Attorney Doug Murphy for help. Call 713-229-8333">713-229-8333.

Drag Racing Spinoffs at 2K Event

According to the Harris County District Attorney, police arrested more than 100 people in five days during "spinoffs" of the 2K event after police observed street racing on highways and the surface roads of the freeways. Sgt. Matthew Hamm with the Houston Police Department reported, "[p]eople driving at extremely high rates of speed, doing what's called ‘fly-bys,' where along the service road people would be lined up, and the vehicles would go by at a high rate of speed. Also, we would see racing where cars would line up, and then they would give a signal to go, and then they would race each other."

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 Posted on March 03, 2023 in Uncategorized

We see street races in movies and on TV all the time. Drag racing looks practically glamorous in movies like The Fast and the Furious, and the actors usually walk away from their crashes. But in reality, street racing involves high rates of speed on public roads, often with pedestrians lining the road watching. And accidents happen. In fact, at a recent 2K race event, Houston-area police arrested more than 100 people over five days for street racing and reckless driving. During the event, police reported that cars were "doing what's called ‘fly-bys' where along the service road people would be lined up, and the vehicles would go by at a high rate of speed."

Accidents are inevitable with street racing, "fly-bys," and high rates of speed. But when a bystander is injured, street racers can face serious consequences. As a result, police in the Houston area are cracking down on possible street racing events. If you're caught up in a drag race arrest, particularly if a pedestrian was seriously injured, the consequences and felony charges can be serious. That's why you need an expert in criminal defense law, like attorney Doug Murphy, to protect your rights. Call the Doug Murphy Law Firm, P.C. at 713-229-8333.

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 Posted on March 03, 2023 in Uncategorized

You have probably heard of street racing or drag racing. It can seem harmless to race on a deserted street. But drag racing has increased dramatically since the 2020 pandemic and nationwide economic shutdown. Now, organized groups of people plan "street takeovers." These takeovers, sometimes called "side shows," involve cars blocking off whole sections of public streets and intersections with cars and flash mobs of bystanders.

At these street takeovers, participants engage in street racing or doing stunts like doughnuts, drifting, and ghost riding. Ghost riding, a trend made popular by TikTok and other social media platforms, has the driver of a car jumping out of the moving vehicle and dancing or running alongside the moving car before jumping back in. High rates of speed, stunts, and tricks on public highways lead to accidents. And now Texas authorities are ratcheting up enforcement of state street racing laws. If you get caught up in a street racing crackdown, you need an expert in criminal defense law to protect your rights. Call the Doug Murphy Law Firm, P.C. at 713-229-8333.

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 Posted on March 03, 2023 in Uncategorized

It can seem like a good idea at the time. You've been out with friends or at dinner and had a few drinks. On the way home, you see blue lights flashing behind you, and you begin to worry that your blood alcohol content might be too high. The police officer talks to you about your evening, asks you to perform some sobriety tests, and then asks you to submit to a blood alcohol concentration test. Then he tells you your BAC is over the legal limit, and he's arresting you. What happens if you try to bribe a police officer to let you go?

What Happens During a DWI Stop?

The police can't just pull you over for the heck of it; they need "reasonable suspicion" that you've committed a crime. But a traffic violation like speeding, failing to use your blinker, or failing to yield gives the police reasonable suspicion to pull you over. The police will then interview you and ask for your license. During the stop, they'll be observing you and your behavior, deciding whether there is a possibility that you are intoxicated.

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 Posted on March 03, 2023 in Uncategorized

Most of us have done it at some point in our lives. You're out with friends for the evening, you've had a few drinks, and when it's time to head home, you realize it's probably a good idea to wait a while before driving. Sleeping it off in your car is the responsible thing to do, right? Unfortunately, you could still face a DWI in some situations if the Houston police decide to wake you up and charge you. It can seem like you're being punished for being responsible. But it's important to remember that you are innocent until proven guilty. Moreover, you may have a good defense. You should immediately talk to a Texas DWI law expert to discuss your options.

What is a DWI in Texas?

The Texas statute on driving while intoxicated makes it a crime to operate a motor vehicle in a public place if you're intoxicated.

1. Public Place Driving in a "public place" doesn't have to mean a road or a highway. Public places under the DWI statute also include any place typically open to the public, like a shared driveway or a parking lot, even if it's on private property. It can also include the shoulder on the road.

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