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Your protection and that of our staff is our primary focus. As the Coronavirus situation unfolds, we want to let you know we are taking measures to sanitize the office and bathrooms each day. If you would like to talk to an attorney we are still taking appointments in the office as before. If you would like to talk to any attorney about an issue but do not want to come to the office we are offering face-time consultations or phone consultations. Please just let us know how we can help.
If you have been exposed to the virus or have been told to self quarantine then we ask that you not come to the office but utilize the face-time or phone consultation. We have the ability to conduct business by email as it relates to paper work or payments.
This information is for citizens and is not intended to be any legal advice but to inform citizens of the problems they face when they come in contact with police who are questioning them about a serious crime.
Any questions about this should be discussed with your lawyer. Due to the ruling in Texas, Salinas v Texas, the law has changed regarding the right to invoke your Fifth Amendment rights under the United States Constitution and the Texas Constitution by remaining silent when questioned by the police. Just not answering a police officers questions and remaining silent does not protect your right to the Fifth Amendment, you must specifically invoke your right to remain silent.
The advice that an attorney has told you in the past:
“don’t answer any questions if the police contact you.”
Is not sufficient now to rely upon the Fifth Amendment to protect your right to speak to the police. Some advice an attorney may tell you in the event of a DWI stop , once the alcohol questions below start may be proper:
“If I am free to leave, I would like to leave?”
If the answer is that you are not free to leave, then the following would be a good answer:
“I will not answer any questions or take any tests with out my lawyer present”.
You should then remain silent to any questioning and if you say anything insist on having your lawyer present. You have the right to refuse the road side tests. As to the request to take the breath test it is best just to say : “I would like to consult with my lawyer and I will do what he says”. Although this will be taken by the officer as a refusal a jury may think this is a proper request .
Many counties in Texas have started pretrial diversion programs for first time DWI’s. Fort Bend and Harris County have these such programs. We practice in both of these and other surrounding counties and have reviewed these programs. Fort Bend County has a program that is newer and came in with the new District Attorney.
Both programs offer the ability to have your DWI dismissed and the records expunged if you successfully qualify and complete the program. There are restrictions that are similar to both programs. There was also a change in the law dealing with the expunction of DWI convictions and other convictions in the past under certain circumstances. We will have an article on that later.
There can not have been an accident, even a single car accident. In Fort Bend County if there is an accident involved then you can possibly qualify for the DWI court but will not be able to get into the DA PT program.
If there was a breath test or blood test there is a limit on how high it can be to qualify for the DA PT program. Harris County has a threshold of .15, anything over that does not automatically qualify for the program. If it is over that amount you may still apply but will be a case by case basis and requirers some other special circumstance. Fort Bend County has its limit set at .12 but again you may still apply and it can be reviewed to see if possible to accept. It would again take some special circumstance especially since there is the DWI court which also offers dismissal for first offense in most cases.
Both programs are also limited by not having any alcohol related priors. Even if your alcohol related prior was not a conviction it will still probably preclude you from eligibility.
It never hurts to ask for these programs even if not automatically qualified.
The important thing to remember based on these requirements is that you are better off not taking the breath or blood test so you do not risk being over the threshold limit. The ability to get into one of these programs is huge and you might disqualify yourself if you take the test. This would mean someone who is actually over the alcohol level you are at might get the benefit of the program just by refusing the test.
You are also better off not taking the test because if you are .15 or higher you 1st time DWI would be a Class A misdemeanor and you would have a mandatory interlock on your vehicle as a condition of bond. The state administrative fee’s would also be higher if you are convicted.
Always be polite and cooperative, but remember you are not required to do any of the road sided tests, including the eye test (HGN), walk and turn, one leg stand or any other test they may ask you to perform. However if you refuse all roadside tests this could affect your ability to get into the program in some counties. This includes normal things like saying your ABC’s or touching your fingers to you thumb in a pattern. You are also not required to submit to a breath or blood test, your license may be suspended if you refuse just as it may if you blow over .08. You must seek an attorney immediately if you get arrested. You must have a request filed with in 15 days of the arrest to challenge the suspension. Even if your court date is not for weeks or even months you have time periods that run immediately.
Many couples go through their divorce process without realizing the financial implications that can arise. By the time their divorce is finalized, they’ve accumulated debt and lost assets. Are you going through a divorce, and feeling financially overwhelmed? Follow our guide to protect your credit before, and after, your divorce so that you can move ahead financially strong and resilent.
Take Control of Your Current Financial Accounts
The first step you should take during the divorce process is to take control of your current financial accounts. If possible, close out any joining accounts, such as:
- Checking
- Savings
- Auto loans
- Personal loans
- Mortgages
- Credit cards
It’s also important to monitor the status of your current credit report. Ask for a recent report from multiple sources, such as TransUnion, Experian and Equifax. Continue to monitor your credit as your divorce proceedings go on. Doing so will allow you to stay financially in control and minimize or altogether avoid the possibility of a debt nightmare.
Take Action With Creditors (By Sending a Certified Letter)
Notify creditors of your divorce, but do so with a certified letter that includes a confirmation of your divorce filing. Include a brief statement specifying you are not to be held liable for any additional debt that is accumulated after the date of this letter. Secure the prevention of debt accumulation by asking them to place your account on ‘inactive’ status.
Consider Home Ownership Options
How do you handle division of the biggest asset you and your spouse own—your home? If you want to keep your home, it’s important to consider the amount of debt you could take on without your partner’s financial help making the mortgage every month. If you’re willing to let go of ownership, you can sell the house, continue to co-own it, or allow your spouse to buy you out. (An experienced divorce attorney can help you navigate through the pros and cons of each, so you can make the best decision for your financial future).
If keeping your home will add an extra financial burden to your life post-divorce, you may want to think twice before fighting for ownership of your house. Alan Frisher, President of Sage Divorce Planning, LLC says, “You have to be sure you can really afford the home because it’s often more of a liability than an asset,” Frisher says. “It’s not about who will keep the home, but about who will move on from the home. And that’s simply because of the debt surrounding the house.”
Avoid Revenge Shopping or Irresponsible Spending
It’s important to remember that whether you settle in meditation or in court, you are responsible for representing the best you possible. It’s normal to have feelings of anger, retaliation and even revenge. However, overspending (booking a ticket for a weekend getaway to Mexico on your spouse’s credit card) is a bad move, as it suggests you’re spiteful—and irresponsible.
The judge could view you as someone who spent that money in revenge– so his/her spouse could accumulate that debt. Often times, overspending will backfire on the part of the spender. The best plan of action is to maintain your normal spending level so that additional debt doesn’t end up weighing on your shoulders.
Progress For Your Divorce
Choosing a divorce attorney for your divorce case is not easy, and can quickly become overwhelming. Which attorney will provide excellent legal advice and compassion? Which one will really understand you, and your struggles? Which one will help you move through the divorce process while protecting your credit?
Our divorce attorneys at Foster Law Firm in Sugarland, TX offers each client commitment and experience, and have helped a wide variety of clients throughout Fort Bend County move through their divorce smoothly, and quickly. Contact The Foster Law Firm today at (281) 494-3156 to schedule a free consultation regarding your case.
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.