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McKinney Texas Criminal Law Blog

What are the consequences if your teen gets a DWI?

Being a parent isn't an easy job-especially during the teen years. You know your teenager is bound to make mistakes and get into trouble, but what do you do if get a call one night that your teen has been cited for DWI (driving while intoxicated) and is waiting for you to pick them up at Collin County Jail? It's every parent's nightmare, but it does happen.

Zero tolerance underage DWI laws

State laws can cause problems for poor people

Jurisdictions in Texas and throughout the country have tried to raise money through fines and fees. This allows them to generate revenue without having to increase taxes. However, if a person cannot pay a fine, he or she may spend time in jail or on probation until the issue is resolved. That could make it harder for a person to get a drivers license, find work or obtain adequate housing.

In some cases, those who are put in jail are required to pay a fee to cover costs related to their stay. The Vera Institute of Justice in New Orleans is trying to convince the city to do away with cash bail. It found that New Orleans pays nearly $3 million more to lock people up than they collect in fees and bail. Authorities in Memphis have also decided to stop prosecuting people for driving on a license that was suspended because of an outstanding debt.

Prosecutors dismiss cases because of inadequate testing

A new Texas law will make it legal to farm hemp, which is defined as cannabis with less than 0.3% THC. However, there is currently no way to determine how much THC is in a given product. A lack of sufficient testing has resulted in 235 cases being dropped in Tarrant County since June 10. The Dallas County Crime Lab has said that it won't take new cases until the issue is fixed.

A representative from the National Organization for the Reform of Marijuana Laws said that he wouldn't want to proceed with cases that are difficult to prove. The current lack of adequate testing procedures may cause other problems that lawmakers are unable to anticipate. For instance, dogs trained to sniff for marijuana may alert to substances that are legal under state law. The cases that have been dropped could be pursued after testing protocols have been established.

Domestic violence and legal complexities

In Texas and across the United States, domestic violence is unfortunately a common occurrence. An act of domestic violence takes place when a family member commits a violent act against another person in the household. Harming a child and abusing a spouse are two examples of domestic violence. The legal term applies to any person residing in the same household, including a spouse or an unmarried partner. The sexual orientations of the involved individuals do not matter.

"Spousal abuse" is a commonly used term for domestic violence. An act of domestic violence typically occurs when the victim is physically or psychologically abused in a repetitive way. Sexual assault is a serious crime, but minor offenses are also acts of domestic violence. There are various levels of domestic violence, ranging from minor to severe injuries inflicted on the victim. Another crime pertaining to domestic violence occurs when an abuser disregards a restraining order.

Texas deputy facing drug and bribery charges

A Bexar County Sheriff's Office corporal who worked in the county jail's detention unit has been taken into custody and charged with drug possession, drug possession with the intent to distribute and bribery. He was transferred to a detention facility in another county to avoid a conflict of interest according to the BCSO.

The 30-year-old man, who joined the BCSO five years ago, was apprehended at a gas station at the intersection of Broadway and Interstate 410 on the morning of May 25 after BCSO deputies, Federal Bureau of Investigation agents and San Antonio Police Department officers allegedly saw him purchase Suboxone and heroin from a known drug dealer. The 33-year-old man accused of selling the narcotics was also taken into custody. The multi-agency force had been investigating the smuggling of drugs into the Bexar County Adult detention Facility and had been told that the two men planned to meet at the gas station to conduct business.

Bill set to expand Texas medical marijuana

Medical marijuana has been a controversial topic in Texas, and the current medical marijuana program is one of the most restrictive in the country. Last month Texas lawmakers made large strides to expand the state’s medical marijuana program, but critics say the legislation doesn’t go far enough.

Passed on May 28, House Bill 3703 and waiting for approval from Gov. Greg Abbott, the bill would expand the number of conditions which qualify for medical marijuana, cut some of the red tape standing in the way of gaining a medical marijuana prescription and expand the legality of over-the-counter oils derived from cannabidiol (CBD).

Overcoming false accusations of domestic violence

You’ve been falsely accused of domestic violence. Angry family members and spiteful former spouses are often motivated to seek revenge for a perceived injustice. Unfortunately, false accusations are too frequent. Spouses or common law partners often make false domestic violence claims for leverage in a divorce proceeding or another legal action.

Charges of domestic violence are serious, and Texas law applies severe penalties to offenders. Many of the charges are misdemeanors, but these can be elevated to felonies. When arrested for domestic violence, you need to conduct yourself calmly and rationally. Then you need to take the proper steps to set the record straight and clear your name.

Drunk driving suspect says she should have called an Uber

A 31-year-old Texas woman was charged with intoxication assault in the early morning hours of May 11 after her vehicle was involved in a serious accident in Uptown Dallas. The collision took place at the intersection of McKinney Avenue and Boll Street at approximately 12:30 a.m. according to a Dallas Police Department report. After being taken into custody at the scene, the woman was taken by officers to the Dallas County Jail. She was later released after posting a bond of $5,000.

Police say that the woman's Mercedes sedan struck the passenger side of an SUV as it proceeded southbound on McKinney Avenue. A female passenger in the SUV was rushed by paramedics to the Parkland Memorial Hospital with multiple skull fractures and cranial bleeding. Initial reports do not reveal what led police to believe that the woman was intoxicated, but they do state that she refused to take a field sobriety test.

Low-carb diets could lead to false breath test results

Texas residents who are trying to lose weight often turn to diets low in carbohydrates because they cause the body to go into a metabolic condition known as ketosis. Without carbohydrates, stores of glucose are depleted quickly and the liver begins to burn fat to provide the body with energy. While this may be good news for those hoping to shed a few pounds, some experts say that it could also lead them into trouble if they are pulled over by police and asked to submit to a breath test.

This is because acetone is produced when fat is burned by the liver, which can lead to a buildup of isopropyl alcohol in the breath. The companies who make portable breath-testing equipment for police departments deny that ketogenic diets can trigger the devices, and they point out that the results of roadside tests are not generally used as evidence in drunk driving cases.

Twin brothers face drunk driving charges

A pair of Texas twin brothers are facing charges of drunk driving after a car accident on Sunday, Apr. 21. Two deputies were attending to a crash on Beltway 8 at Galveston Road when they faced another crash. In the original accident, a 19-year-old woman was killed after her car was hit by a toll road authority vehicle. Her vehicle was already stopped or moving very slowly at the time of the initial crash; the woman was in the passenger seat at the time. The 21-year-old man driving the car and the baby in the car's backseat were taken to the hospital.

Meanwhile, as they investigated the initial crash and blocked traffic, the deputies were hit in a second crash by two vehicles driven by twin brothers. The 37-year-old men were driving a pickup truck and a passenger car. Police say that the two drivers caused a crash that led to the pickup truck slamming into the patrol vehicle at the scene of the original incident. They also said that both drivers were intoxicated at the time of the accident. The two men were charged with drunk driving, while one of the brothers was also accused of illegally carrying a weapon.

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