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Bryan Law Blog

Grandparent visitation and custody rights

Issues surrounding Texas family law, particularly child custody and visitation can be highly contentious. There may be various adults in the child's life who are concerned for the wellbeing of the child and have an interest in seeking custody or visitation. These adults may be parents, guardians, grandparents or other relatives. The laws surrounding child custody and visitation vary widely from state to state and will be applied differently, depending on who it is that is seeking to obtain custody or visitation rights.

For instance, where a grandparent is seeking custody or visitation, there are certain considerations and conditions that may be required. Conditions for custody differ from those for visitation. A grandparent may petition a court for either custody or visitation but should be familiar with the conditions for each, as well as the laws of their state.

How to remember to use the Dutch Reach

One of the most common types of bicycling accidents, called a "dooring accident," happens when a motorist or passenger opens the door of a parked car into the path of an oncoming cyclist. For obvious reasons, this situation is a recipe for disaster for the bicyclist. In fact, many bicyclists have died or suffered catastrophic and permanent injuries because a motorist or passenger negligently opened a car door into a cyclist.

The dangers of dooring accidents were not lost on the Dutch, who have been fond of bicycling -- and bicycle-friendly laws and practices -- for many years. In response to this problem, the Dutch created a special practice to keep bicyclists out of harm's way. It's called the "Dutch Reach." As long as Americans remember to use this helpful practice, it could save countless lives and prevent numerous accidents every year.

Defending against drug possession charges

The opioid epidemic and the prevalence of drug use and abuse of prescription drugs are constant topics covered by the media today. Texas law enforcement, politicians and local and national leaders work to address these issues and growing concerns over drug abuse in this nation. With the rise of opioid addiction and misuse of prescription medications, coupled with the increased attention that these problems are receiving, we naturally see many more drug offenses being prosecuted in our criminal courts.

There are a variety of drug related offenses that a person can be charged with. Possession offenses fall on the lower end of the spectrum, with distribution and trafficking offenses being more serious crimes with more serious penalties. Nevertheless, possession charges are still serious and a conviction can carry some significant penalties.

Man arrested after alleged drunk driving accident in Bryan

Law enforcement in Texas is constantly on the lookout for drivers who might show signs of operating their vehicles under the influence. If there is an accident, they will be even more vigilant in considering the possibility that drunk driving charges are necessary. When there is an arrest for DWI, it is critical for the driver to understand his or her rights. A conviction can result in major problems in the future and having a lawyer to plan for a defense is essential.

A 26-year-old man was arrested after he was allegedly drunk when he hit three teenage males with his truck. The accident happened in the evening. According to the investigation, the three teens were trying to remove a disabled vehicle from the road. They are ages 15, 18 and 19. The 15-year-old and the 19-year-old were pushing the vehicle, and the 18-year-old was steering it. The driver of the truck hit them as they moved their vehicle. The 15-year-old was seriously injured and was said to be in critical condition with injuries that are life-threatening. The other teens were not seriously hurt. The driver of the truck was arrested for intoxication assault. He reportedly was arrested previously for DWI in 2011 and 2013.

Do I need a will?

Writing up an official Texas will is something that, understandably, not many people want think about or take the time to do. One probably thought about it before and said, "I'll get around to it," "I don't need to do that right now" or something along those lines. So, does one really need to take the time to draft a will?

Whether or not to have a will is ultimately a personal choice. However, there are some very important reasons to consider taking the time to have an attorney help one prepare an official will. If they die without a will, they may not have much say or control over what happens to personal property and assets.

Can medical malpractice cause Erb's palsy and shoulder dystocia

A lot of different problems and complications can happen during pregnancy and the delivery of a child. In some cases, these complications lead to permanent injuries and costly disabilities that the child and his or her parents must endure.

Two of the most common birth injuries that children may suffer from include Erb's palsy and shoulder dystocia. In both cases, these may result in lifelong injuries due to the tearing of nerves during childbirth.

What is an ignition interlock device?

Texans and many around the country may have heard about someone with a drunk driving offense being ordered to have an ignition interlock device in their motor vehicle. If one is charged with drunk driving, they may be wondering what exactly is an ignition interlock device and who has to have one?

An ignition interlock device is an instrument that is essentially the same as a breathalyzer machine and can be installed in a motor vehicle. The device is designed to prevent someone who has consumed alcohol from operating a vehicle.

Bryan man faces multiple drug charges

Understanding criminal defense protections is vital for individuals accused of drug crimes. A local man knows this firsthand as he was recently arrested on drug charges.

The 26-year-old man was arrested on drug charges, following a search of his home and is accused of possessing greater than $44,000 in illegal drugs and a stolen handgun. Authorities reported that the man was a passenger travelling in a vehicle stopped by police. The driver initially admitted to authorities that the drugs were his, but later changed his story and told police that the drugs belonged to the 26-year-old passenger who is now being held on charges related to that incident as well. The 26-year-old man was out on bond for a previous arrest.

When can one challenge a will?

For Texas family members who have concerns following the loss of a loved one, challenging a will is an important process for them to be familiar with. They may wonder though, under what circumstances they can contest a will. Most wills pass through the probate process without issue, but in some circumstances, parties, such as a spouse, may want to challenge a will.

A will contest can be based on a lack of testamentary capacity or undue influence. If there was undue influence on the estate planner when executing the will, such as duress, fraud or forgery, it may be possible to successfully challenge a will. Because there are important requirements for a will to be valid, including that the estate planner has sufficient capacity to execute a will, if those requirements are not met, it may be possible to challenge the will. There are also witness requirements, which can vary by state to be familiar with.

Legal resources to help young people accused of underage drinking

Underage drinking charges in Texas can have a serious impact on the life of a young person. Underage drinking charges can threaten the young person's future, education and employment opportunities. Underage drinking, minor in possession of alcohol, underage drunk driving or drug possession charges are all serious charges for a young person to face, which is why they should be familiar with their criminal defense rights and options.

There are potentially serious consequences and charges associated with underage drinking; the purchase or attempt to purchase alcohol by individuals under the age of 21; or the possession or consumption of alcoholic beverages by those under 21, including a minor intoxicated in public. Potential consequences include a Class C misdemeanor charge; a fine up to $500; up to 40 hours of community service; loss of driver's license up to 180 days; possible denial of a driver's license, if one has not already been obtained; and mandatory alcohol awareness class.

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