Posted on March 03, 2023 in Uncategorized

Drag racing is nothing new in Texas and the U.S. For decades, our movies, books, and the media have glorified street racing and the racers behind the wheel. But street racing is on the rise, and when it happens on public streets, innocent bystanders can get hurt. At a recent 2K drag race event, police arrested more than 100 people over five days for illegal street racing on highways and freeways near the event at the Baytown drag strip.

With the increase in street racing on Houston-area streets, more accidents and injuries are inevitable. As a result, the police and local officials are cracking down on drag racing. If you're caught up in a street racing arrest, you need an expert in criminal defense law, like Doug Murphy, to protect your rights. Call the Doug Murphy Law Firm, P.C. at 713-229-8333">713-229-8333.

Leaving the Scene of an Accident

If you're involved in any crash in Texas that results in someone injured, property damage, or damage to another car, you must remain at the scene of the accident, provide your name and information to others involved, and help if needed. See Tex. Transp. Code § 550.022 (2005). You also have a duty to stop if you damage a home or city, or state property like a "structure, fixture, or highway landscaping." Tex. Transp. Code § 550.025 (2017).

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 Posted on March 03, 2023 in Uncategorized

Crashes often result from driving while intoxicated in Texas. And while we often expect that damage to a car may happen during an accident, sometimes a DWI car crash can cause substantial damage, whether to multiple vehicles or buildings and structures beside the road. That's what an unfortunate Austin homeowner recently discovered.

Drunk Driver Crashes into House

On January 19, 2023, at 2:30 am, a drunk driver crashed into the home of Austin resident Chris Newby. The car thankfully crashed into an unoccupied guest bedroom, but the accident caused substantial damage to the home. Rescue crews had to extricate the driver, and police arrested him on suspicion of intoxicated driving. A KRQE news article noted that the driver's insurance company would be paying for the repairs, but this is a good example of collateral consequences that can happen if you're involved in an accident that causes substantial property damage along with a DWI.

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 Posted on March 03, 2023 in Uncategorized

Holidays are a time for cheer, friends, family, and having a good time. Whether it's New Year's Eve, St. Patrick's Day, Mardi Gras, spring break, or the Fourth of July in Houston, we know how to have a good time. Heading to the bar, to the beach, or to a friend's house for a party or barbecue is how many of us relax and have fun. But if you plan to have a few drinks while you party, remember to watch out for Houston's DWI enforcement.

It's not your imagination if you think there seem to be more DWI arrests and accidents over the holidays in Houston. There are. Why? It may be that more people are on the roads while drinking, making accidents more likely. But Houston's "no refusal" DWI enforcement may also contribute to the high number of arrests.

Houston Holidays and "No Refusal"

Over holidays like Christmas, New Year's, and Memorial Day, or for significant sporting events like the Super Bowl, Texas rolls out "no refusal" weekends with heightened traffic enforcement, looking for suspected DWIs. Usually, if the police want to perform BAC testing on you, they need your permission. If they have probable cause to test you, and you refuse BAC testing, they'll likely arrest you. But before they can test your blood alcohol level, they must have a warrant. Obtaining one can be time-consuming, and BAC levels can change significantly by the time they test someone.

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 Posted on March 03, 2023 in Uncategorized

Most of the time, we assume that someone who drinks at a bar or restaurant must drink responsibly. If they get arrested for drinking and driving, it is simply their poor choice, right? But someone who serves an individual later arrested for DWI or an alcohol-related charge can also face criminal charges. That's what happened to a Lake Worth bartender recently.

Serving Intoxicated Individuals in Texas

The bartender, who worked at Fuzzy's Taco Shop in Lake Worth, is accused of overserving a man convicted in a 2021 drunk driving crash. The driver ran a red light and crashed into an off-duty police detective and his family, killing the detective and critically injuring his wife and two children. At the time of his arrest, the driver's blood alcohol level was twice the legal limit in Texas, and he had THC in his system.

A DWI that results in someone's death or serious injury can have severe consequences. Both intoxication assault, a DWI involving a serious bodily injury, and intoxication manslaughter, a DWI involving a death, are felony charges. But if someone served a clearly intoxicated person before the DWI occurred, they could also face charges.

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 Posted on March 03, 2023 in Uncategorized

An arrest for a DWI is always stressful and frightening. You're undoubtedly concerned about what will happen next and the potential penalties you could face. But if you're a high-profile person in our community, you must face DWI charges while also undergoing heightened scrutiny from the media and their communities. That's what one Texas state senator recently discovered.

Senator Arrested for DWI

Police arrested Senator Charles Schwertner of Georgetown in early February for DWI in Travis County. The arresting officer reported that Sen. Schwertner's black Cadillac was "swerving to the right and left and split the two lanes repeatedly." The police affidavit also stated that when they pulled him over, he had bloodshot, glassy, and watery eyes, was slurring his speech, exhibited confusion, and had a strong odor of alcohol on his breath. Sen. Schwertner's attorney reported that the senator was "clear-eyed, sober, and making good sense" at the time of his arrest and looked forward to reviewing discovery once it is available.

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 Posted on March 03, 2023 in Uncategorized

We all have visions of street racing from the movies; whether it's Danny and Leo facing off in Grease, the Fast and the Furious, or American Graffiti, street racing has been around almost as long as we've had cars to race. But when it happens on a public roadway, it can be dangerous for the racers and everyone else on the road, particularly if the participants are intoxicated. In Texas, after a spate of street racing and street "takeovers," authorities are cracking down to keep the roads safe.

Street Takeovers in Texas

A street takeover, sometimes called a "sideshow," involves blocking off intersections or roads with flash mobs of spectators. Drivers then do stunts like doughnuts, drifting, and "ghost riding," where the driver jumps out of a moving car to dance or perform beside the car before jumping back in. But street takeovers can be as dangerous as street racing, particularly when large groups gather on public streets.

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 Posted on March 03, 2023 in Uncategorized

We all speed sometimes. You may even have revved your engine at a light to egg someone on. But drag racing on public roads can be dangerous, and police in Houston are cracking down. At a recent annual 2K drag race event near Baytown this month, police reported that many illegal street races popped up in the area, resulting in more than 100 arrests over five days.

Street racing charges alone can be serious, but if the police believe you've also been drinking, you could face additional charges and more serious penalties. That's why you need an expert in criminal and DWI defense law, like attorney Doug Murphy, to protect your rights. Call the Doug Murphy Law Firm, P.C. at 713-229-8333.

Street Racing in Texas

In Texas, street racing is illegal. Typically, a conviction for a first offense is a Class B misdemeanor, which is punishable by up to 180 days in jail and a $2,000 fine. However, if you are intoxicated or have an open container of alcohol in the car while drag racing, street racing becomes a Class A misdemeanor. A conviction for a Class A misdemeanor is punishable by up to one year in jail and a $4,000 fine. You can face even more serious charges if you have two or more prior convictions or if someone is injured or dies. The police may also charge you with organized criminal activity, and if convicted of street racing, you will also face the forfeiture of any motor vehicle used in the race.

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 Posted on March 03, 2023 in Uncategorized

In the decade since George Zimmerman's shooting of Trayvon Martin in 2012, we've heard a lot about Stand Your Ground laws and shooting in self-defense. In Texas, a similar law is known as the Castle Doctrine. But when is it legal to shoot someone in self-defense? Is it ever legal to shoot to defend your property?

The Castle Doctrine in Texas

The Castle Doctrine is Texas's version of the Stand Your Ground laws that have cropped up all over the U.S., starting in Florida in 2005. Under the Castle Doctrine, you can use deadly force if you believe doing so will protect you, someone else, or your property.

1. Self-defense Texas law presumes that you're justified in using force to defend yourself at home when:

• Someone unlawfully enters with force, or
• Someone removes or attempts to remove you from your "castle" with force.
• See Tex. Crim. Code § 9.31 (2007). Your "castle" can be an occupied habitat like your home, an occupied vehicle, or your place of employment.

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 Posted on February 02, 2023 in Uncategorized

Living in a foreign country can be exciting as a teen or young adult. The opportunity to live and attend school in the U.S. is an adventure that about one million foreign high school and college students take each year. But what happens if you're arrested for driving while intoxicated in the U.S.? There can be serious consequences for international students who drink and drive. But this isn't something you have to figure out on your own. An expert in Texas DWI defense can help.

DWI in Texas

Texas takes drinking and driving seriously and has some severe penalties for DWI convictions. You can face a DWI charge in Texas if you are driving a vehicle in public while intoxicated. However, whether you are "intoxicated" can sometimes be a subjective judgment. Under Texas law, you can be "intoxicated" if you:

• Have a blood alcohol content of.08% or higher, or.04% if you hold a commercial driver's license, or

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 Posted on February 02, 2023 in Uncategorized

These days, dating someone you've met on the internet is just as common as meeting someone at work, at school, or via friends. It's no big deal. But with internet dating also come some modern pitfalls. It's important to understand internet dating etiquette and how actions can sometimes be misinterpreted. After communicating with someone online or having a few dates, you may want to know more about someone. But investigating too closely or engaging in some repetitive behaviors may be considered threatening by a potential love interest.

Harassment

A potential problem arising from the overzealous pursuit of an online dating partner is harassment, particularly online. Under Texas law, harassment can happen if you:

• Make an obscene comment or request after initiating communication,
• Intentionally alarm someone by telling them that someone died or was seriously injured when it's not true,

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