Posted on October 10, 2019 in Uncategorized

After years of legal wrangling between small-to-medium sized breweries and the powerful Texas beer distributor's lobby, the State of Texas has finally adopted a beer-to-go law. This new statute, which went into effect on September 1, 2019, now allows in-state breweries to sell their packaged products to go instead of only in their taprooms on the premises. While this was largely a battle between competing industries with eyes on Texas' lucrative beer market, some opponents questioned if this law would impact the rate of DWI arrests in the state.

To date, there is nothing to suggest that the additional option of purchasing beer to go at a craft brewery increases the frequency of drunken driving within the State of Texas. While it is too early to draw any conclusions about DWI arrests, this change in the law did little to impact the amount of alcohol purchased within the state. In fact, a case could be made that some consumers might shift from drinking at a taproom to purchasing packaged beer and transporting it home instead.

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 Posted on September 09, 2019 in Uncategorized

If you are arrested on suspicion of driving while intoxicated, your first court appearance is known as an arraignment. Your arraignment is your opportunity to announce to the court your initial plea of guilty or not guilty. While you have the right to plead guilty at your arraignment, it is never a good idea to do so. Below, we discuss the drawbacks of pleading guilty to DWI at your arraignment.

Your Fate is in the Hands of the Judge

At your arraignment, there are no plea bargains. Unlike in some cases, there will be no negotiated plea agreement. This leaves you with total uncertainty as to your potential consequences, given that the judge can sentence you to any penalty that fits within the statutory minimums or maximums. While a plea bargain is rarely in your best interest, pleading guilty at arraignment is never a good idea.

You Waive your Right to Discovery

At your arraignment, you will have limited information on the strength of the State's case. If you were to plead not guilty, you have the opportunity to engage in discovery. Discovery is the exchange of evidence to be used at trial. Through discovery, you or your lawyer get a relatively complete picture of the evidence against you.

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 Posted on September 09, 2019 in Uncategorized

On September 10, 2019, retired NFL quarterback Ryan Mallett was arrested under suspicion of driving while intoxicated in Northwest Arkansas. After a successful college career, Mallett played briefly for the Houston Texans during his NFL career.

According to law enforcement, Mallett was arrested in the early evening on a rural highway. Police stopped the former Texan after reports that he swerved into oncoming traffic, clipping another driver, and continuing on his way.

Once pulled over, Mallett allegedly tested at.081% blood alcohol concentration (BAC). The legal limit in the state is.08. The police report also alleges Mallett was swaying heavily, had bloodshot eyes, and smelled of alcohol. He also allegedly admitted to drinking before getting behind the wheel.

At the time of writing, it is unknown if Mallett is represented by an attorney.

Finding the Right DWI Attorney in Houston, TX

Whether you are a former quarterback or work a nine-to-five job, you have the right to legal counsel following a DWI arrest. However, not just any attorney will do. While there are hundreds of attorneys in the Houston area that hold themselves out as DWI defense specialists, not all of them will be the right fit for your needs. You need to understand how to separate skilled DWI defense attorneys from the pack. Here are some of the things to look for in a Houston DWI defense lawyer:

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 Posted on September 09, 2019 in Uncategorized

A city-wide crackdown on illegal street racing in recent weeks has led to multiple arrests in Southeast Houston. According to police records, law enforcement has arrested several individuals and impounded multiple vehicles. These arrests occurred in the early morning hours of August 31 and September 1.

According to representatives from the Houston Police Department as well as the Texas Department of Public Safety, law enforcement had been investigating local car clubs for their involvement in these dangerous races.

The members of the club allegedly stopped traffic at the intersection of Martin Luther King Boulevard and Reed Road in southeast Houston to compete in street races. Drivers were also allegedly involved in "sideshow" acts like spinning out their vehicles as onlookers watched.

At approximately 2:30 A.M. on August 31, police swooped in to make arrests. In addition to any street-racing charges they might face, some defendants were also arrested on charges of fleeing and driving under the influence.

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 Posted on September 09, 2019 in Uncategorized

An enormous fire in Houston was a chaotic scene in the late evening hours of September 24, 2019. The fire led to an unexpected encounter for law enforcement, however, as a man was arrested for DWI at the scene.

At approximately 10 p.m. on September 24, officials received multiple reports of a massive apartment complex fire on Braesvalley Drive in Houston. Within minutes, firefighters responded to the blaze and set to work getting it under control. While it took firefighters roughly 20 minutes to control the blaze, the process did not go smoothly. Multiple vehicles were improperly parked at the scene, making it a challenge for emergency vehicles to get into position.

Ultimately, several vehicles were ticketed due to their interference with the process. In some cases, drivers appearing on the scene actively disrupted the efforts of firefighters by getting too close to the engine. In one case, a driver managed to drive over the water hoses used by the firefighters to combat the blaze. Concerned about their safety, first responders notified law enforcement of the driver.

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 Posted on September 09, 2019 in Uncategorized

It is common knowledge that a driving while intoxicated (DWI) conviction could result in steep fines, jail time, and a suspended driver's license. But did you know it can also have a serious impact on your ability to travel? These travel limitations can make it difficult to leave the country or hop on a flight. In some cases, you could need permission just to leave the counties surrounding your home.

Understanding all of the consequences of a DWI conviction is important. When you are considering your legal options, you must weigh the risks of the trial with the potential of an acquittal. The good news is that many DWI cases are defensible. To discuss your case with an experienced Houston DWI lawyer, contact the Murphy & McKinney Law Firm, P.C. To get an idea of how a DWI conviction could make traveling more challenging, read on.

DWI and its Impact on Travel

The consequences of a DWI conviction can impact all manners of travel, from leaving the country to driving across county lines.

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 Posted on September 09, 2019 in Uncategorized

On September 3, 2019, a 56-year-old grandfather was killed while changing a flat on the side of a Houston roadway. Now, the man that struck him has been charged with murder.

The accident occurred around 7:20 p.m. on Tuesday, September 3, 2019. Jose Almanza had pulled over to the side of 1100 South Loop West near Highway 88. As he was changing the tire, a Ford F-150 operated by John Richard Vasquez veered off the roadway, striking and killing Almanza. According to the police report, Vasquez lost control of his vehicle as he approached Almanza, causing the truck to swerve out of the lane and into the victim.

Police allege that the defendant smelled of alcohol and that tests at the hospital confirmed Vasquez was intoxicated. Prosecutors have now brought murder charges against Vasquez due to his prior DWI convictions. According to a spokesman for the district attorney:

"This is a habitual offender of DWI and anyone, in my mind, who has more than one conviction for a DWI is a ticking time bomb, that is just a matter of time before they get behind the wheel and take one of the people in our community's lives."

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 Posted on September 09, 2019 in Uncategorized

A Houston man was arrested for driving while intoxicated on August 21, 2019, after witnesses spotted him driving without one of the front tires. The man's problems deepened from there when law enforcement discovered a small child in the car.

Deputies for the Harris County Sheriff's Office arrested 24-year-old Fernando Axel Garcia late in the evening of August 21, 2019. Law enforcement was notified of an Infiniti G35 driving erratically. The report also indicated the vehicle was driving on at least one tireless rim.

Deputies encountered Garcia on the 12100 block of Veterans Memorial. Garcia was pulled over to the side of the road and was standing in front of his vehicle while looking at the destroyed tire. The police report alleges the officers administered a field sobriety test and detected an odor of an intoxicating beverage on Garcia's breath.

Upon arriving on the scene, law enforcement also discovered Garcia's one-year-old child in the back seat of the vehicle. The child was also allegedly not restrained safely. Law enforcement then arrested Garcia for DWI with a passenger under the age of 15. Garcia's child was released into the custody of a family member. The charge Garcia faces is a felony due to the increased penalty for having a child passenger in the car while driving under the influence.

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 Posted on August 08, 2019 in Uncategorized

In January of 2019, a botched Houston drug raid led to the death of both homeowners and the injury of five officers in a chaotic shootout. Now, the officer that procured the warrant under suspicious circumstances faces felony murder charges.

Gerald Goines, the former Houston police officer that obtained the warrant that led to the raid, faces felony murder charges. He is currently free on $300,000 bond after pleading not guilty.

The Charges and Their Consequences

Goines was charged with murder under Texas's felony murder rule. According to Texas Penal Code § 19.02(b)(3), a person can be charged with murder if he:

commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

According to prosecutors, Goines committed a felony by tampering with a warrant application. By lying about the existence of a confidential informant, prosecutors allege Goines created a dangerous situation that led to the death of both homeowners. Goines' former partner was also charged with tampering with a government record after allegedly providing false information after the shooting occurred.

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 Posted on August 08, 2019 in Uncategorized

The law is full of unintended consequences. One of those unintended consequences for Texas lawmakers might lead to a steep drop in low-level marijuana possession cases. That outcome seems to go well beyond what Texas legislators had in mind when they passed House Bill 1325

What is House Bill 1325?

After years of pressure, the Texas legislature began to slowly move towards removing the ban on farming or manufacturing hemp products in the state. The bill also allows for the use of CBD oil that has less than 0.3% THC content. CBD is short for Cannabidiol, a compound extracted from the cannabis plant. While it does not have the intoxicating effect of marijuana, it is credited with a wide array of potential health benefits.

While legislators aired some minor concerns about the impact of House Bill 1325 and the ability to prosecute marijuana users, the bill ultimately passed the Texas Senate unanimously. The original bill was tweaked repeatedly, including allowing state inspectors to test random batches of hemp or CBD to ensure they were not above the 0.3% threshold. However, this new threshold has led to unexpected consequences in many of Texas' largest counties.

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