Posted on January 03, 2024 in Violent Crimes

Vehicular assault is a serious offense that occurs when a person uses a vehicle as a weapon to cause harm to someone else. In Texas, the laws surrounding vehicular assault are strict and precise, aiming to protect public safety and hold individuals accountable for their actions. If you are facing charges related to vehicular assault, contact a lawyer right away. Your serious charges must be countered with an aggressive and robust legal defense.

Legal Definitions of Vehicular Assault

In Houston, vehicular assault is defined as intentionally, knowingly, or recklessly causing serious bodily injury to another person by operating a motor vehicle. Serious bodily injury refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the loss or impairment of a bodily function or organ. It is important to note that the intent to cause harm is not required for a charge of vehicular assault; the act of operating a vehicle recklessly or negligently that results in serious bodily injury is sufficient to warrant prosecution.

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 Posted on December 08, 2023 in DUI/DWI

Drinking and driving is a serious offense with severe legal consequences. Most people think of drinking and driving; they think about it in the context of driving a car. However, the laws and regulations can be less clear when it comes to riding a bicycle. In Texas, as in many other states, the question of whether you can face DWI charges while riding a bike depends on various factors. Understanding the relevant laws and their implications is crucial to ensure compliance and avoid potential legal trouble.

If you are ever facing DWI charges, contact a dedicated lawyer to get the help and guidance you need right now.

Defining a Vehicle in Texas

In Texas, the state’s DWI laws apply to people operating a "motor vehicle" while intoxicated. The definition of "motor vehicle" typically includes cars, trucks, motorcycles, and even motorized scooters. However, being human-powered and lacking a motor, bicycles generally do not fall under this definition. As a result, riding a bicycle while under the influence does not always lead to DWI charges.

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 Posted on May 31, 2023 in DUI/DWI

If you're involved in a car crash, and someone dies, it can devastate everyone involved. But if the police also accuse you of DWI, you could face serious felony charges, including possible murder or intoxication manslaughter charges. The repercussions of a felony conviction can follow you for the rest of your life, and you need an expert in DWI defense to protect your rights immediately. That's what a Houston man recently discovered after a deadly wreck.

Houston Man Charged with Murder

The Houston man faces murder charges after a March 2023 crash in the 8400 block of North Freeway on North Interstate Highway 45. Police reported that the man was driving a black Honda Crosstour south on the freeway when he struck a concrete pylon on the left side of the road. The impact rolled the car, ejecting two children. The car contained three adults and four children; none of the children were wearing seatbelts. The police found an unused car seat in the trunk of the car. The children ejected from the car, ages one and three, were taken to area hospitals. The one-year-old was later pronounced dead, and the three-year-old was listed in critical condition.

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 Posted on May 05, 2023 in DUI/DWI

It can happen so innocently. It's been a long day; you go out to dinner with the family, have a few glasses of wine, and head home with the kids asleep in the back seat. After a while, you see flashing blue lights in your rearview mirror. And just like that, you could have a DWI arrest and a felony charge. A Houston woman recently discovered how serious the consequences can be if you drink and drive with a child in the car after her second arrest for the offense.

Woman Arrested for DWI with Child Passenger

In April, Harris County sheriff's deputies responded to multiple reports of a vehicle that crashed into several parked cars. The car also hit a mailbox, a fence, trees, and a house. When deputies arrived, they found the suspect's car in the 7300 block of Louetta Road in Houston with significant damage. Deputies reported that the driver showed signs of intoxication and conducted a field sobriety test. They also sought a warrant for a blood test.

Police also discovered that the suspect had a child under 15 in the car with her at the time of the crashes. A guardian arrived at the scene to take custody of the child as the deputies arrested the suspect. The deputies booked the suspect into the Harris County Jail, charged with DWI with a child passenger and failure to stop and give information after an accident. The suspect was previously convicted of DWI with a child passenger.

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 Posted on May 05, 2023 in DUI/DWI

A rental car is often necessary when traveling for work or on vacation. Sometimes it's fun to try out a new car, but often it can be challenging to navigate a new area in an unfamiliar car. But what happens if you're involved in a crash, and the police charge you with a DWI? The good news is that you don't have to figure this out alone. An expert in DWI defense, like attorney Doug Murphy, can help you from the beginning and protect your rights in the criminal justice system.

Possible DWI Charges

If you're involved in a crash, and the police arrest you for DWI, you may face additional charges on top of your DWI charge and be responsible for any property damage caused.

1. First DWI: For a first DWI in Texas, a conviction can result in up to 180 days in jail, a suspended license, a $3,000 court-imposed fine, and a mandatory $3,000 administrative fine.

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 Posted on May 05, 2023 in Criminal Defense

We all know that driving when we've had too much to drink isn't a good idea. Sometimes mistakes can happen if you've been out to dinner or a game with friends and you don't realize you might have had one too many beers. Your first DWI in Texas can have serious penalties. You could face up to 180 days in jail, a license suspension, a $3,000 court-imposed fine, and a mandatory $3,000 administrative fine. But after your first DWI, penalties begin to increase dramatically. Once you reach your fourth DWI in Texas, you'll face felony charges and mandatory time in jail.

But what happens when you feel you got a bad deal and want to appeal your case? Unfortunately, it can be challenging to appeal a guilty verdict, particularly if you plead guilty. That's what a Galveston man recently discovered.

Guilty Plea for Ninth DWI

In March, the U.S. Supreme Court rebuffed a Texas man serving 30 years in prison after his ninth DWI case, declining to hear his appeal. The Galveston man pled guilty to his ninth DWI and agreed to a 30-year sentence after his attorney warned him the judge could sentence him to 50 years for felony DWI. The man later decided he didn't like the sentence he agreed to and represented himself on appeal, arguing that he had "ineffective assistance of counsel."

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 Posted on May 05, 2023 in DUI/DWI

Teens and young adults make mistakes. They'll often encounter alcohol at parties or on outings with friends, and sometimes they don't fully understand the ramifications of getting behind the wheel after just a few drinks. If your child is a student-athlete in high school or a good college prospect, a DWI conviction can become a very serious matter instead of simply a learning moment for a young adult finding their way in the world. But the good news is that you don't have to figure this out alone. An expert in DWI law, like attorney Doug Murphy, can help.

It's important to take an arrest for a DWI seriously and seek legal guidance as soon as possible. If you're a promising young athlete, or if your child is, a DWI conviction can devastate your future in football. That's what a University of Missouri linebacker discovered after a March arrest for a DWI.

Mizzou Football Player Charged with DWI

On March 19, 2023, the Boone County, Missouri, Sherriff's Office arrested a University of Missouri linebacker shortly after 3 am. Sherriff's deputies pulled the linebacker over near the Columbia, Missouri, campus for a lane violation and driving with expired plates. He reportedly failed a sobriety test, and the deputies took him into custody. He was released on a $500 bond.

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 Posted on May 05, 2023 in DUI/DWI

Accidents happen. Sooner or later, all of us will be in a motor vehicle accident. But if you've had a drink or two, you may be concerned that you could face heightened scrutiny from the police. While that may be true, leaving the scene of an accident is illegal in Texas. If you leave the scene, even if you haven't been drinking, you could face criminal charges.

If the police do arrest you for DWI or leaving the scene of an accident, the good news is that this isn't something you have to figure out on your own. Call an experienced DWI defense attorney like attorney Doug Murphy. They can help you from the beginning, protecting your rights and advising you on your options and the possible ramifications of a DWI conviction.

Man Attempted to Leave San Antonio Crash

A good example of what not to do comes from a crash in February of 2023 in San Antonio. Police arrested a man after a crash in the 3600 block of Roosevelt Avenue. The victim was attempting to turn left. When she stopped to turn with her blinker on, a San Antonio man crashed into the back of her car, pushing it into a nearby parking lot. The man reportedly then made a sharp left turn, ran into a grassy area, and ran into a telephone pole. Witnesses say he exited his car and attempted to walk away without checking on the victim. Police arrived, found the suspect, and arrested him after determining that he was intoxicated. Police also reported that the man had two prior convictions for DWI.

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 Posted on May 05, 2023 in DUI/DWI

We all know that driving after you've had too much to drink is not a good idea. Most people don't intend to drive drunk when they get behind the wheel after having a few drinks. But you can also face charges far more serious than a DWI if you get into an accident and injure or kill someone in your family riding in the car. That's what a former truck driver in Waco recently discovered in this horrifying scenario.

DWI Crash in Waco

In April 2020, Waco police arrested a retired truck driver on suspicion of DWI after a crash in the 1400 block of Dallas Street. His wife died in the crash. According to the arrest affidavit, witnesses reported the couple appeared to be arguing in the car while driving. A witness saw the woman reach over and grab the steering wheel, "and that they lost control and hit the curb." The 2005 Ford Focus then rolled, ejecting the man and his wife from the car. The woman died at the scene.

Police reported that the man admitted to drinking a 12-ounce beer and a shot of liquor but denied police a blood sample for a BAC test. After the police obtained a warrant for a blood sample, testing revealed a BAC of.162, more than twice the legal limit of.8 percent. The man pled guilty to intoxication manslaughter in January of 2023.

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 Posted on May 05, 2023 in DUI/DWI

When you're facing a DWI charge, it's already a stressful situation. You're undoubtedly concerned about whether you could end up serving jail time, lose your driver's license, or pay hefty fines. But on top of that, a DWI can affect your professional career, especially if you hold a trusted position in the community, like a teacher. That's what an 8th-grade teacher from Houston ISD discovered recently.

Teacher's DWI Arrest in Harris County

Police arrested the teacher, an employee of Patrick Henry Middle School, in March of 2023 when they found him allegedly passed out behind the wheel of his car in the 22300 block of Hildebrandt Road. According to law enforcement officials, he was asleep behind the wheel of his car and stopped in a lane of moving traffic. Police reported that he showed signs of intoxication when he woke up, and they performed standard field sobriety tests.

In a statement to ABC13, HISD said, "The employee is still employed with the district. The district receives notification and follows standard procedures for reviewing and addressing any case of an employee's arrest." This was the man's third DWI charge. He was already out on bond related to two previous DWI charges from 2019 and 2022.

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