Texas has a “no tolerance” policy for driving while intoxicated (DWI) offenses—even if it is your first offense, you can expect to face steep penalties.  Proposed legislation will hopefully drastically change these penalties for first-time offenders.

We have all seen the posters: “Drink, Drive Go to Jail”, “Driving Drunk (insert picture of smashed car) Driving Buzzed (same picture)” and perhaps most sobering (no pun intended): “A DWI costs $17,000.”  A first-time DWI offender can expect to pay a fine of up to $2,000, lose their driver’s license for up to a year, and serve 180 days in jail. Once you add in the other costs associated with an impaired driving arrest and conviction, it can total between $6,000 and $24,000 for bail, legal fees, court appearances, court-ordered classes, vehicle insurance increases, and other expenses like taxi rides during the first six to twelve months while your license is automatically suspended.

The worst part about getting convicted of a DWI in Texas is that the offense, a class A misdemeanor, will stay on your record for 7 years—meaning that if an employer or anyone else runs a criminal background check on you they will find out that you have a DWI offense on your record.

Prior to 2003, something called “deferred adjudication” was offered for first-time offenders.  That means that you could enter a plea of “guilty” to the DWI charge and as long as you completed probation without any mishap, then the charges would be dropped from your record.  After 2003, the deferred adjudication program was done away with.  Problems with clogged courts and county prosecutors giving lesser charges to alleged drunk drivers in order to deal with the influx of cases have caused the legislature to reexamine the policies that were put into place.

A new bill, House Bill 473, introduced last year by House Representative, Todd Smith, proposes that once treatment and supervision is completed for first-time DWI offenders, then their record can be wiped clean and those people can be given a fresh start.  Repeat offenders, however, will face steeper fines and harsher charges.  This is due to the fact that often first-time offenders have clean histories, and the effect that a DWI in Texas has on one’s career and ability to apply for jobs, the financial impact it has due to court and insurance fees as well as the time that the convicted themselves must spend in court and treatment programs are staggering—with the passage of this bill, those people would have other alternatives to jail and fines.

The bill has been unanimously approved by a house investigative committee (9-0), and is pending debate as of May 10 of this year.  It seems that there is widespread support for this bill, and will have resounding implications for those convicted of first-time offenses.  Other separate, but closely related, legislation has been offered to the house in order to lessen the harsh driving penalties that are being imposed on first-time DWI offenders in Texas.  Legislation introduced in March of this year has been introduced to eradicate the driving surcharge of $1,000 that is assessed each year for three consecutive years following a first-time DWI conviction.

Until this legislation goes into effect, however, it is important to take seriously Texas’ “No Tolerance” view on driving while intoxicated.  As of now, all of the abovementioned penalties are in place and going strong: maximum penalties of 180 days in jail or 2 years’ probation and up to $2,000 in fines as well as a mandatory 6-month suspension of your license and a surcharge of $1,000 a year for three years.  Such risks of getting a DWI are further complicated by devices such as “No Refusal Weekends” where police officers can force you to give a breath or blood sample in order to test your blood alcohol level.  If you are ever arrested for driving while intoxicated, obtaining competent counsel is key in ensuring that you get the least possible penalty for your offense.  Call DWI ATTORNEY CHAD WEST NOW to discuss your potential case – (214) 509-7555

The Dallas Voice recently published an article about Online Harassment, which discussed the growing number of cases being filed throughout Texas pursuant to this law.  On September 1, 2011, a new law will come into effect in Texas.   Formerly known as Online Harassment, Section 33.07 of the Texas Penal Code will be amended by the 82^nd Texas Legislature with some significant changes. 

Before the amendment, Texas Penal Code, Section 33.07(a) was used to prosecute individuals who created a fake profile on a commercial social networking site like Facebook or Craigslist, using the name/persona of another, and attempting to defraud or harm another.  The amended 33.07(a) allows a person to be charged with a third degree felony if he or she uses the name or “persona” of another, without that person’s permission and with the intent to “harm, defraud, intimidate, or threaten any person” by creating a web page on a commercial social networking site or other Internet website.  The legislature broadened the scope of section 33.07(a) significantly by including the words, “other Internet website.”   This broader language could now open the door for charges to be brought against someone who creates an Ebay or Pay Pal account by using another’s credit card and identification information (fraudulently) and purchases goods.   Thus, an online impersonator who uses another’s credit card and personal information may not only face theft charges, but may also be looking at a charge of online impersonation.  

Consider the scenario of where a person uses another’s credit card online to purchase a $200.00 gift card from Wal-Mart.  To purchase the gift card, the individual would have to create an online profile and enter another’s personal information, including a credit card.  The act of theft – the actual purchase of the gift card with another’s money – is a Class B misdemeanor (Texas Penal Code 33.01(e)(2)) punishable by confinement of up to 180 days and a fine of $2,000.  But the act of creating the online profile, under the amended language of 33.07(a), could be a third degree felony punishable by 2-10 years in the penitentiary and a fine of up to $10,000. 

As you can see, the amended language of Section 33.07(a) creates a dangerous situation for some individuals.  And it is essential to have the right attorney on your side if you’re charged with Texas Online Impersonation.  If this happens to you, contact an attorney experienced in such matters, Dallas Online Impersonation Attorney Chad West.  (214) 509-7555. 

Mr. West has handled a number of complicated Online Harassment cases throughout the State of Texas, and is poised to defend your rights under this revised law, no matter where you’re located in Texas.

Alright boys and girls, DON’T MESS WITH TEXAS RESIDENTS ONLINE!  On September 1, 2009, a Texas law made it a crime to impersonate, imitate, or otherwise harass others in e-mails, instant messaging programs, and commercial social networking sites.  It’s clear that Texas lawmakers don’t want computer users pretending to be others on the Internet to threaten, intimidate, harm or defraud others.  This relatively new law also covers text messages.  Depending on what activity one engages in, the punishment can be a Class A Misdemeanor or a 3^rd Degree Felony! 

 In just the months of July and August 2011, I retained four new clients in Dallas alone who were charged with various levels of offenses under this statute.  So obviously, these offenses are showing up more and more throughout Texas.

 Don’t wait until you’re indicted to lawyer up on a Texas Internet Harassment or Texas Online Harassment charge – call the Law Office of Chad West NOW at (214) 509-7555!  It’s important to have a criminal defense attorney on your side from the very beginning.  For civil cases involving defamation, please consult a civil attorney. 

 Sec. 33.07.  ONLINE HARASSMENT. 

(a)   A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:

(1)   Without obtaining the other person’s consent; and

(2)   With the intent to harm, defraud, intimidate, or threaten any person.

(b)   A person commits an offense if the person sends an
electronic mail, instant message, text message, or similar
communication that references a name, domain address, phone number,
or other item of identifying information belonging to any person:

(1)  without obtaining the other person’s consent;
(2)  with the intent to cause a recipient of the
communication to reasonably believe that the other person
authorized or transmitted the communication; and
(3)  with the intent to harm or defraud any person.

(c)  An offense under Subsection (a) is a felony of the third
degree.  An offense under Subsection (b) is a Class A misdemeanor,
except that the offense is a felony of the third degree if the actor
commits the offense with the intent to solicit a response by
emergency personnel.
(d)  If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
(e)  It is a defense to prosecution under this section that
the actor is any of the following entities or that the actor’s
conduct consisted solely of action taken as an employee of any of
the following entities:
(1)  a commercial social networking site;
(2)  an Internet service provider;
(3)  an interactive computer service, as defined by 47
U.S.C. Section 230;
(4)  a telecommunications provider, as defined by
Section 51.002, Utilities Code; or
(5)  a video service provider or cable service
provider, as defined by Section 66.002, Utilities Code.
(f)  In this section:
(1)  ” Commercial social networking site ” means any
business, organization, or other similar entity operating a website
that permits persons to become registered users for the purpose of
establishing personal relationships with other users through
direct or real-time communication with other users or the creation
of web pages or profiles available to the public or to other users.
The term does not include an electronic mail program or a message
board program.
(2)  “Identifying information” has the meaning
assigned by Section 32.51.

 Call Chad West NOW to discuss your case!  (214) 509-7555

A security guard for a Houston apartment complex has been charged with a felony in connection with allegations that he had sexual contact with an unconscious woman who lived in the apartment complex. According to reports, the victim was coming home from a night on the town and had been drinking. Apparently, her friends were helping her out of a car and back to her apartment when the security guard allegedly offered his help to get her back home.

The reports go on further to indicate that the victim passed out and awoke with the security guard in her bedroom. The security guard is currently being held on $30,000 bond.

Without commenting on the guilt or innocence of the defendant in this case, reports like this do cause great concern to those of us in the Houston community. When someone in authority takes advantage of needy or helpless individuals it is a situation that we must address. Whether it is an older person, a young child or even an intoxicated person, we must be able to rely on persons in positions of authority.

Source: Khou- Houston