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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 Posted on August 08, 2019 in Uncategorized

A 17-year old Magnolia, Texas resident was charged on July 16, 2019, for the murder of Houston teenager Ryan Bates. The defendant, William Underwood, came to be known by the police through an alleged Snapchat video Underwood purportedly made at the crime scene. Now, the defendant has pleaded not guilty, arguing self-defense.

The Alleged Crime: Murder in Houston TX

The body of Bates was discovered by Harris County Sheriff's deputies near Highway 6 in the northwestern part of Harris County. Upon arriving, the deputies discovered Bates' body outside of an apartment complex on Park Point Drive. His body was discovered with multiple gunshot wounds.

Nearly a month passed before Underwood was arrested for murder. According to the police, the defendant filmed himself driving by the scene of the crime as officers processed the scene.

An eyewitness also identified Underwood. According to the witness, Underwood attempted to enter multiple parked vehicles armed with a Taser before entering the victim's car shortly before the shooting. The witness informed the police that she saw Underwood tase the victim repeatedly and then heard gunshots.

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 Posted on August 08, 2019 in Uncategorized

Although the recent arrest of three intoxicated pilots in less than a week has generated headlines nationwide, the reality is that incidents related to intoxicated airline pilots are rare. In fact, out of the 117,000 American pilots tested for alcohol from 2010 through 2018, only 99 were above the legal limit according to the Washington Post.

But when a pilot tests above the legal limit, the consequences can be severe.

Just like with a DWI charge, state and federal law set a blood alcohol concentration (BAC) limit for pilots. The state of Texas outlaws the operation of any airplane by an intoxicated pilot. According to the statute, intoxication is the lack of normal use of your mental or physical capacities due to the introduction of alcohol, drugs, or a combination of both.

The FAA has more specific guidelines for pilots and alcohol consumption. Federal Aviation Regulation § 91.17 bars a pilot from flying:

• Within 8 hours of having consumed alcohol;

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 Posted on August 08, 2019 in Uncategorized

On Tuesday, July 30, 2019, the Harris County Commissioners Court resolved a class-action lawsuit regarding the constitutionality of the county bail system by approving a historic settlement. The agreement is intended to solve what a federal judge referred to as the "irreparable harm" caused by the system. Houston criminal defense lawyer, Robert Fickman, referred to the antiquated and unlawful bond practice in Harris County as the "plea mill".

The vote formally approved the settlement agreement on behalf of the county, but it must still be approved by the court. Once implemented, the new bail system intends to dramatically lower pretrial incarceration rates for misdemeanor defendants.

Litigation regarding the bond system in Harris County has been ongoing for years. In 2017, a federal judge struck down the system as unconstitutional. In the decision, the judge found that the county violated the United States Constitution by disproportionately jailing indigent residents before trial compared to wealthy residents facing identical charges.

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