Blog
Over the past few years, the state of Texas has been buckling down on drunk driving. Many of the DWIs during the year are recorded around the holidays, especially the fourth of July, Christmas and New Years Eve. Not everyone arrested for DWI is intoxicated, to help those out who are not intoxicated and those who are, we at Foster Law Firm are dedicated to handle DWI cases for all of our clients. Don’t get unfairly lumped into the statistics. Just because you had something to drink and drove a car does not mean that you have broken the law. The law is that you can not be intoxicated and operate a motor vehicle in a public place. You, by law can drink and drive so long as you are not intoxicated. This means that you have a blood alcohol concentration of .08 or higher or you have lost the normal use of your mental and physical faculties due to the introduction of alcohol, drugs or a combination thereof.
Whether someone has lost the normal use of mental and physical faculties is a very subjective standard, the judge or jury will have the opportunity to review all the evidence and make that decision. Most cases will have a video recorded at the scene or at the Jail. This tends to be the most important piece of evidence. Even if your breath or blood test is above the legal limit you may or may not be guilty. The video can offer great proof that the test is inaccurate. An expert can also be hired to analyze the results for accuracy. Call us and we can help with your DWI charge.
License Suspension
Another aspect of DWI is the possible suspension of your license. This is considered a separate civil matter and is handled by an Administrative Judge. This hearing is important and should always be requested. The law states that if you refuse the breath test or take the test and fail, your license may be suspended. There is always the chance that you can win this hearing and keep your license from being suspended. If you loose it gives you valuable information to be used in your criminal case. Just because your license may be suspended this does not mean you should take the breath or blood test.
Designated Driver
You hear it time and time again, but designating a sober driver will not only keep you out of jail and safe during the holidays, but it could very well save your life. Every holiday season, hundreds of people die due to drunk-driving incidents around the nation. Please stay and don’t get behind the wheel after a fun night with friends and heavy libation; you’re not just putting yourself in danger, but all others on the road around you. We do not support getting intoxicated and driving a vehicle but we do believe everyone deserves great legal representation to be sure that they are treated fairly.
Stay Educated
Here at Foster Law Firm, we’re dedicated to helping you with all of your DWI needs and can help educate you on the law so that you don’t find yourself in court under one of these charges. Contact us today to schedule a free consultation about your DWI or any other Criminal, Civil, Family, Probate or Personal Injury matter.
Unfortunately, when a marriage begins to get rocky, couples may be concerned over their rights concerning their children. In some situations the mother or father may elect to leave their spouse, taking their children with them. When this decisions takes the children across state lines, however, there are actions that that the other spouse can take in order to protect their parental rights.
When a court is involved in deciding child custody and visitation arrangements, one of the most influential factors is the current residence of the children. Under the terms of the Uniform Child-Custody Jurisdiction and Enforcement Act, this is determined by where they have lived the past 6 months. This means that if the children are relocated to another state for 6 months, the actions of the remaining spouse may become quite limited. Before this period is complete, however, a Suit Affecting the Parent-Child Relationship (SAPCR) or a divorce may be filed. This essentially petitions the court to temporarily keep the children from moving out of state until the question of their relocation has been decided in court.
Once filed to be decided by a judge, the court will examine several factors to decide whether the spouse will be able to move out of state with the children. These include the children’s current relationship with the parent remaining in-state and the other parent’s reason for moving out of state. Although Texas previously had a reputation for limiting out-of-state moves, these have been granted more frequently over the last decade. The rulings can vary widely between each County, however, so the guidance of an experienced attorney within your County can be quite valuable if you are pursuing this type of concern. Of course, certain situations, such as those involving abuse or an emergency can have an impact on the situation.
Even after a couple has been separated for a long period of time, if one of the parents should decide to move out of state, they will be required to notify the other parent, in case he or she elects to pursue a court order to stop or delay the move. Certain child custody arrangements may already include certain provisions regarding an area in which each parent must live. It’s important to understand all of the terms of your child custody arrangement, and if you are uncertain about any aspect, consulting your attorney can quickly answer your specific questions.
Many people say, ” I will take care of things like my will and power of attorney when I get older”, this is not a good plan to protect your loved ones. Things happen to people even if young and healthy.
If you have young kids it is definitely important to have a will so you can be sure everything goes to your kids or who ever you want if you are gone, at what age your child will get full control of the assets, who will controll the funds until they reach that age and who will be the guardian of your kids if both parents are gone.
If you make a will you can choose who you want to be guardians of your kids if you and the other parent are gone. This is important otherwise someone who you do not want to raise your child could be the one who applies to be guardian and is approved by the court. You also can dictate at what age your child will get what ever assets are left to them. If you do not have a will and you have a child under 18 the money may go into the registry of the court were it will earn a very minimal amout and is hard to access when needed. Then when they turn 18 they get what ever is there to use how ever they want to spend it. If you have a will you can have a trust setup to hold the assets and you choose the person to be trustee. The trustee will be able to invest the money and will be able to give money to your child as needed.
It is also very important to have a will if you have children from a previous relationship. With no will it can get very complicated and the person you are currently married to could get cut out of assets you may want them to have. It requires more time in court which is more money your estate must pay. The heirs must be determined and the percentage to each heir is determined by statute, not by you. If you have separate real property that property may go to your child, even if a child of your current spouse. Your spouse may have to put up a bond and do annual accountings until the child turns 18. This can cause more expense and be more time consuming in a situation that is already difficult for the surviving spouse.
No matter your age it is wise to have powers of attorney. Medical POA will give the person you designate the ability to make decisions about your medical care if you are incapacitated. This is important as you get to choose the person who will make decisions. The financial POA is also important and very powerful. The person designated can basically do anything you could do if you were able. It is important that you make the financial POA effective only upon disability unless there is some specific need, and it should be limited to only that need. If you do not have these documents and become incapacitated then someone will mostly likely have to file for guardianship, which can get very expensive and is very restrictive.
If you have children who are 18 or older and they go off to college it is important to get them to sign a medical power of attorney. Even if you still pay 100% of their bills, the hospital or other medical providers will not give you any information or let you make a decision. If your child who is 18 or older was away somewhere and has an accident and they end up incapacitated and unable to communicate, the Dr or other medical personnel will not be able to give you any information about them without a medical power of attorney due to HIPPA laws. It is already a scary situation that can be made worse by not being able to get information or make decisions.
There is also a newer document that is a “Transfer on Death Deed”. This is a deed that is drafted, signed and filed while you are still alive. The document only becomes effective if on file when you die. It is also revokable so if you change your mind on who the property should go to upon your death, you can revoke it. If revoked prior to your death then it does nothing. This document is great to transfer interest to a spouse upon your death so they do not need to probate to have the property in their name. It also works well to transfer to children upon death of the last parent without the need for probate.
These are several things to consider to make things easier on your loved ones when you die. It is hard enough losing the ones we love, and the emotional hardship of the loss can be magnified if they do not have the documents in place to take care of the finances and property.
According to Mothers Against Drunk Driving (MADD), nearly 100,000 individuals were arrested on DUI charges in Texas in 2013. Also referred to as DWI, a charge of driving while intoxicated carries steep penalties. These consequences vary by state, but Texas law outlines that offenders face the possibility of jail time, heavy fines, and a suspension of their driving privileges.
In conjunction with National laws, a driver’s level of intoxication is established through a measurement of their blood alcohol content (BAC). By analyzing a breath, blood, or urine sample, law enforcement can record BAC levels. For most drivers over 21, a BAC above .08 is grounds for an arrest and charge for DUI, while commercial drivers can only have a BAC below .04 and drivers under 21 cannot have any detectable level of intoxication while behind the wheel.
Unfortunately, when a marriage begins to get rocky, couples may be concerned over their rights concerning their children. In some situations the mother or father may elect to leave their spouse, taking their children with them. When this decisions takes the children across state lines, however, there are actions that that the other spouse can take in order to protect their parental rights.
When a court is involved in deciding child custody and visitation arrangements, one of the most influential factors is the current residence of the children. Under the terms of the Uniform Child-Custody Jurisdiction and Enforcement Act, this is determined by where they have lived the past 6 months. This means that if the children are relocated to another state for 6 months, the actions of the remaining spouse may become quite limited. Before this period is complete, however, a Suit Affecting the Parent-Child Relationship (SAPCR) or a divorce may be filed. This essentially petitions the court to temporarily keep the children from moving out of state until the question of their relocation has been decided in court.
Once filed to be decided by a judge, the court will examine several factors to decide whether the spouse will be able to move out of state with the children. These include the children’s current relationship with the parent remaining in-state and the other parent’s reason for moving out of state. Although Texas previously had a reputation for limiting out-of-state moves, these have been granted more frequently over the last decade. The rulings can vary widely between each County, however, so the guidance of an experienced attorney within your County can be quite valuable if you are pursuing this type of concern. Of course, certain situations, such as those involving abuse or an emergency can have an impact on the situation.
Even after a couple has been separated for a long period of time, if one of the parents should decide to move out of state, they will be required to notify the other parent, in case he or she elects to pursue a court order to stop or delay the move. Certain child custody arrangements may already include certain provisions regarding an area in which each parent must live. It’s important to understand all of the terms of your child custody arrangement, and if you are uncertain about any aspect, consulting your attorney can quickly answer your specific questions.