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Texans Can Receive Deferred Adjudication for Driving While Intoxicated!
On September 1, 2019, the Texas Legislature passed a bill making it possible to receive Deferred Adjudication for a first time Driving While Intoxicated offense if they qualify. Once the person completes the deferred adjudication period the case is dismissed! Just because a case is dismissed does not mean it disappears! There is still a record unless a Judge signs an Order of Non-Disclosure. The Non-Disclosure can take place after the second anniversary of the completion date of the deferred adjudication community supervision period.
Can I get Deferred Adjudication for All DWI Charges in Texas?
A Driving While Intoxicated offense will not qualify for Deferred Adjudication if at the time the driver:
- Has a commercial driver’s license
- Involves a blood alcohol content of .15 or more
- Two or more Driving While Intoxicated arrests
- Driving While Intoxicated with Child Passenger
- Flying While Intoxicated
- Assembling or Operating an Amusement Ride While Intoxicated
Do You Have a Gold Star on Your Texas Driver’s License or ID Card?
If you do not have a gold star, you may not be able to use your Texas driver’s license or identification card at the airport! The Real ID Act begins October 1, 2020 and only state-issued driver licenses and identification cards that are fully compliant with the REAL ID Act will be accepted for official federal government purposes such as boarding domestic flights.
The Texas Department of Public Safety website explains how the Real ID Act will impact Texas residents. Below are some of the questions and answer provided by the Texas Department of Public Safety. The link to the website is at the bottom of this page.
What is REAL ID?
REAL ID is a coordinated effort by the states and the federal government to combat terrorism, identity theft, and other crimes by strengthening the integrity, accuracy, and security of the driver license and identification card issuance process.
The REAL ID Act was part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and the Tsunami Relief Act and was passed by the U.S. Congress in 2005.
Could CBD Cause You To Fail A Drug Test?
With the legalization of marijuana for recreational and medicinal purposes spreading across the country, more and more employers are conducting drug tests, but could CBD cause you to fail one?
In a perfect world, Cannabidiol (CBD) shouldn’t cause you to fail any random or scheduled drug test either at work or undertaken by law enforcement.
That’s in a perfect world. In the imperfect world we live in, many common CBD products contain trace amounts of tetrahydrocannabinol (THC). If enough THC is present in the CBD product you consume, it could lead to a positive indication on a drug test.
This means that in extremely rare cases taking enough CBD could lead to a positive indication, but that depends a lot on the quality of the product and its composition.
Why do some CBD products contain varying amounts of THC?
As the growth of CBD products has been extremely fast, not all products are regulated by the Food and Drug Administration. This is especially true when you’re purchasing CBD products from international companies.
Are Brass Knuckles Illegal in Texas?
UPDATED July 18, 2019
Possession of Brass Knuckles will be legal on September 1, 2019
For years, the Texas penal codes prohibited possession of “brass knuckles” (including plastic self-defense keyrings often shaped like animal heads) and classified the offense as a Class A Misdemeanor. That meant people in possession of brass knuckles faced up to one year in jail and a maximum fine of $4,000. But many people argued that in a state that allows open carry of firearms and other weapons, that punishing brass knuckles seemed disproportionate.
After the bill allowing the possession of brass knuckles was carried unanimously in the state House of Representatives and state Senate, Governor Greg Abbott signed HB 446 into law this May. Republicans and Democrats reached across the aisle to make the bill a reality, citing the importance of self-defense and personal protection and the history of Texas encouraging this freedom.
HB 446 did not stop at legalizing brass knuckles, however. The bill also makes tomahawks, nightsticks, maces, and blackjacks legal to carry in the state. The law goes into effect on September 1, 2019.
THC Limits Not Correlating With Driving Impairment
Roadside oral indicator tests are commonly used across North America and around the world to determine whether someone has drugs in their system, but what do they really show?
When you’re pulled over driving your vehicle and the police officer or trooper thinks you may be under the influence, a breath analyzer test could be used in conjunction with sobriety tests to determine what level of alcohol you have present in your system and whether or not you have an impaired ability to drive. As the legalization of both medical marijuana and recreational marijuana continues across North America, more and more law enforcement agencies are looking at ways to combat drug driving or drivers driving their vehicles under the influence of marijuana. However, detecting drugs in someone’s system isn't the problem. It’s determining whether the levels of drugs in someone’s system have impaired their ability to operate a motor vehicle. Roadside saliva tests don’t tell you how much of a particular drug you have in your system, how high you are, whether you’re impaired or how impaired you may be. They are just an indication that drugs are present at some level in your system.
How Much Are Bail Bonds in Texas?
A New Proposed Bail Law in Texas
In recent years, the bail process in Texas has faced increased scrutiny. Critics call the way Texas judges decide bail amounts arbitrary and say it puts a higher burden on poorer defendants, who are often unable to “bail out” of jail during the duration their criminal case.
The Current Bail Bond Law in Texas
In Texas, as with most other states, bail is a way of ensuring defendants will return back to court for hearings after being charged with a crime. Instead of keeping a defendant in jail until their case is resolved, they may pay money to the court (a “bond”) as a promise to return for future court proceedings. If the defendant fails to appear for future hearings, they forfeit the money to the court. In Texas, all crimes except for capital murder are considered eligible for setting bail, though the judge has discretion as to the amount to be set for the case.
How is the Proposed Bail Bond Law Different?
A new law proposed in the Texas legislature would change the way judges decide how high to set bail, or even whether to set it at all. The law would implement a system that looks at past criminal history to determine threats to public safety and whether or not the defendant is a high flight risk, rather than just looking at the charge itself. This would help alleviate the issue of poorer defendants having to stay in jail, while their wealthier counterparts accused of similar crimes are allowed to remain free in society during their criminal case proceedings. Similar proposals have been introduced in recent years to no avail, but this year, legislators are hoping for a different outcome.
Dallas DA Vows to End Prosecution for Misdemeanor Theft
In an effort to end increasing incarceration of “minor” offenses, the Dallas County District Attorney’s Office announced this week that they will reform office policies to end prosecution of certain crimes ( Dallas News). Perhaps the most progressive of these reforms include declining to prosecute future theft of personal items under $750 unless the theft was for financial gain. Thefts of items such as diapers or food considered to be essential are some of the crimes that will fall under this new proposition, but stealing nonessential items or theft for the purpose of resale, for example, would still face prosecution.
In Tarrant County, however, theft of items over $100 up to $750 are still prosecuted as a Class B Misdemeanor. Class B Misdemeanors can be punished by up to 180 days in jail, a $2,000 fine, or both. For theft under $100, usually, only a citation will be issued unless the accused has a prior history of theft charges.
Common Marijuana Terms and Definitions
If you’re curious to learn more about cannabis and some of the common marijuana terms, then keep reading while we give you a rundown of some of the more mainstream cannabis related definitions!
Marijuana or cannabis. Whatever you call it, there are some common terms and definitions that everyone should know. While some terms are more common regions or states, we’ll check out some of the more mainstream marijuana definitions.
- Bong or Bubbler – A marijuana pipe which contains water that filters the marijuana smoke and cools it before being inhaled.
- Bud or Buds – This is the flowering part of the cannabis plant. This is the part of the cannabis plant which most cannabis users utilize.
- CBD or Cannabidiol – CBD (cannabidiol) is one of the two main cannabinoids which are found in the cannabis plant. CBD is found in both the marijuana plant and also the hemp plant. CBD has no psychoactive properties, won’t get you high and is currently being used in several medicinal products across the country.
Have You Been Arrested for Driving While Intoxicated?
Being arrested for DWI can be very confusing because not only do you have to worry about the criminal charge, but you must also be concerned about the license suspension from the Department of Public Safety. When arrested for DWI, the officer will request a specimen of breath or blood by reading to you the statutory warning form (DIC 24). The officer is also required to provide you a copy of the statutory warning to follow along with while the officer is reading it to you. The statutory warning advises you that you are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor vehicle in a public place and you will be asked to provide a specimen. The form then goes on to inform you of the possible consequences of providing a sample.
Providing a Sample for Suspected DWI
- If you refuse to provide a specimen, your refusal may be used against you and your license may be suspended for not less than 180 days. This may occur even if you are not prosecuted for DWI.
From the Headlines - In This Undercover Operation, It Was the Booze Police Who Got Stung
I always tell everyone to assume they are being videotaped at all times! Here is an interesting article about a Texas Alcoholic Beverage Commission (TABC) sting. In this instance, it was the TABC agent who was on the receiving end of the sting. A good criminal defense attorney was able to use video evidence to prove his client's innocence. Additionally, he was able to show that the sting was carried out in such a way that the TABC agent could be charged with giving alcohol to a minor. The bartender knew the law and did the right thing. It goes to show that you never know who is watching.
"In this undercover operation, it was the booze police who got stung" - Houston Chronicle
If you need an excellent criminal defense attorney to defend you, call attorney Craig Dameron in Fort Worth, TX at 817-222-0624.
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