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Woman faces DWI charges after incident at fast food establishment

Drivers in Texas who are confronted with allegations that they were driving under the influence might be under the impression that these arrests take place only after a traffic stop on the road or after an accident. In truth, people who are behind the wheel anywhere and are deemed to be under the influence can face DWI charges. Regardless of the circumstances in which the drunk driving charges came about, everyone who is arrested for DWI must make certain that they take the necessary steps to plan for their legal defense.

A 21-year-old woman was arrested recently after she was allegedly under the influence behind the wheel at a fast food restaurant. The incident happened at around 1:41 a.m. An employee contacted law enforcement because the woman was slurring her words when she placed her order. The woman is also accused of almost hitting an employee with her vehicle several times and going the wrong way in the line. She then drove over a curb in the parking lot. She subsequently drove off, but law enforcement caught her. Officers state that she smelled of alcohol and there was a stamp on her hand to signify that she had been in an establishment that serves alcohol and the stamp was necessary to denote that she was of legal age to drink. After being given a field sobriety test, she was arrested.

Should I take a breathalyzer?

Driving under the influence cases are relatively common. You most likely know someone or even several people who have faced such charges. Everyone has a story and opinion about these types of cases and the best things to do under the circumstances. But no two people are alike and no two circumstances are exactly the same. Particularly when facing an arrest for driving under the influence you may be wondering whether or not you should take a breathalyzer.

As you might expect, there is no simple yes or no answer to this question. In most states it is your right to refuse to take a breathalyzer, but a refusal can come with some serious consequences. Although the police cannot require you to submit to a breathalyzer, driving is considered a privilege not a right, and as such a refusal can often result in losing your driving privileges.

Bicycle commuters can benefit from these safety tips

As a bicycle commuter, you enjoy the fact that you have more flexibility than you would if commuting by car or public transportation. This doesn't even take into account the earth-friendly aspect or the opportunity to save money on gas and get a good amount of exercise.

However, there's something you need to remember: You could be part of an accident with a vehicle as a bicycle commuter. If this happens, there is a good chance you'll suffer a serious injury.

Car accidents caused by distracted driving

When we hear the term "distracted driving" we think of texting while driving, emailing while driving, checking Facebook while driving, or doing any number of things that our smart phones allow us to do while driving. But distracted driving is not a new concept and many activities can fall under the category of distracted driving.

Legally, distracted driving has been defined as performing any activity which could potentially distract the driver from the primary task of operating the vehicle. Almost all states have enacted laws attempting to address the problem of distracted driving. While new laws have focused on cellphone use, old fashioned distractions such as fiddling with the radio, tending to kids or pets, or putting on makeup are all forms of distracted driving that could lead to an accident.

Was I subject to an illegal search and seizure?

The Fourth Amendment to the United States Constitution provides all people protections from being subject to unlawful searches and seizures, which invade their rights to privacy. There are however limitations on these protections, and certain circumstances where the police may be justified in conducting a search of your car, person, home or other property in order to seize contraband or other evidence of a crime. So, how do you know if you have been subject to an illegal search and seizure, or if the police acted properly in upholding the law?

The police may engage in reasonable searches and seizures. In order to demonstrate that a search was reasonable, police must have probable cause that a crime has been committed. If the police have probable cause, a search may be justified. Greater protections may be provided where the police are acting without the benefit of a search warrant. Further, the police may conduct a valid search if there is no expectation of privacy in the place searched. For instance, you likely do not have an expectation of privacy in items that you place in your trash barrel and leave out in the street for pick up; thus, if the police search this barrel while it is out on the curb awaiting trash collection, this is probably proper conduct by police.

What is a drug diversion program?

Many different people from all walks of life can find themselves facing drug charges. Even if they are the result of a one-time mistake, for example, at a college, or an ongoing bad habit that a person was trying to keep secret, these charges can run a person's professional and personal life, even if the person accused is a first-time offender.

Fortunately, many of the courts in the area will offer a drug diversion program to a criminal defendant under certain circumstances. The details of whether a person is eligible for a drug diversion program and what terms and conditions they will be expected to follow if admitted are really best discussed with a criminal defense attorney.

Common mistakes in estate planning

The most common mistake people make in estate planning is not having a plan at all. Estate planning is not just for wealthy individuals with lots of assets. Almost everyone has at least some assets, such a bank account, car or home that should be the subject of an estate plan. Estate plans are crucial for resolving legal questions or disputes among family members when someone dies.

Your estate consists of any property that you own at the time of your death, no matter how small. This could include real estate, stocks, bonds, insurance policies, as well as all of your personal property such as jewelry, artwork, furniture, and automobiles. Your estate plan helps determine who will receive this property after your death. Estate plans can also be helpful in minimizing the amount of estate taxes that will need to be paid, providing for funeral expenses, and dictating your medical wishes.

How do we split our property in a divorce?

Getting a divorce can be a complicated and emotional process. It is never easy and often isn't always amicable. So, what happens when you can't agree on who gets what? One of the most complex parts of a divorce can be dividing up assets; this is particularly true with the division of property. But, in addition to assets, a married couple may also share their debt. So how is the property and the debt divided in a divorce?

The simplest solution is for the couple to decide amongst themselves and work out an agreement that both parties are happy with. However, this is often easier said than done, and most couples have difficulty reaching such a resolution. As a result, the matter often ends in court. Divorce and property division laws vary state to state, but there are two general types of property division: community property and equitable distribution. Texas is among the handful of states that follow community property division. This means that all property is divided into two categories, marital property and separate property, all marital property gets divided equally, while each individual gets to maintain their separate property. In the majority of states following the equitable distribution rule the judge will determine what is a fair distribution of the property rather than simply dividing everything equally.

Questions to ask before you get a divorce

Making the best decisions in life is often about the questions we ask, and trying to decide whether you should divorce or not is no different.

If you're considering getting a divorce -- and you're going back and forth about "pulling the trigger" -- you can rest assured that nearly everyone else who has decided to divorce went through the same kind of deliberation.

Defending against drug offenses

Being charged with a drug offense can be scary and stressful. These charges are complex and often carry significant penalties including fines and jail time. There are various types of drug offenses including distribution offenses and possession offenses. Distribution involves the sale of drugs to others while possession merely involves having drugs under your control.

Drug crimes have become more and more prevalent and we regularly see stories of individuals charged with these offenses. Recently, a young man of 28 years old pled guilty to the crime of drug possession after being found with over 200 grams of methamphetamine on his person. Back in April, Sergio Mendez was arrested in Brownsville Texas where police responded to the motel he was staying at after receiving a report of a stolen motor vehicle. Mendez was unable to provide proof of ownership for the vehicle upon being questioned by police and was subsequently arrested. After being placed under arrest, Mendez was searched and police recovered a large quantity of cash and approximately 271 grams of methamphetamine from his person.

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