October 2017

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2nd DUI

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What is Driving Under the Influence?

Driving Under the Influence is a law that is directed to anyone under the age of 21, who is suspected to be drinking and driving a motor vehicle or watercraft. The Texas Alcoholic Beverage Code Section 106.041 states that a minor can receive a DUI violation if he has ANY detectable amount of alcohol in his system. In other words, you can have 0.01% of alcohol in your system and if you’re driving, you’re violating this code.

 

What are the penalties for a 1st DUI charge?

If it is your first DUI violation you can be charged with a Class C Misdemeanor, a fine only punishment that cannot exceed $500. You will also have to do some sort of community service that focuses on the education or prevention of the misuse of alcohol that can range from 20 – 40 hours, depending on what the judge orders. If it is your first and you receive deferred, you can have the case expunged.

 

What if I am facing a 2nd DUI conviction?

The penalties for a 2nd DUI charge are more stringent. If it is your 2nd time receiving a DUI conviction, then the court can order a fine anywhere from $500 to $2,000, jail time not to exceed 180 days, or the court can order both of these penalties.

The community service hours are also raised, the court can order anywhere from 40 – 60 hours. Another disadvantage is that you will not be able to get your case deferred, therefore disqualifying your case from an expunction.

 

Whether your case is a first DUI or 2nd, an experienced attorney such as the criminal defense attorney dallas tx locals trust can work with you to try and have these fines and hours reduced, making the process as swift and manageable as possible.

guest and gray criminal defense lawyers dallas texasThanks to our authors at Robert Guest for their insight into Criminal Defense.

Horrific Dog Bite Victim Questions Dog Removal Delay

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A Flint, Michigan dog bite victim is asking why it took authorities so long to remove the dogs that attacked her.

Fifty-nine-year-old Karen Coleman lives next door to a neighbor who has five pit bulls. She would often walk past the dogs playing in the neighbor’s yard and never gave them a second thought because they did not look vicious and were contained at all times. However, that all changed on Sunday, September 24, when two of those dogs got out of the yard and attacked her as she was headed to church.

According to Coleman, the dogs came right at her, leaving her no time to get away or even think about what to do. One dog grabbed her by her front while the other attacked her at her back, leaving her to try and fight off both dogs at once while the animals came at her from different directions. She managed to hold off one dog while the second tried to drag her down the street. Fortunately, another neighbor heard her screams and ran over, grabbing a chair and hitting the dogs with it to get them to retreat.

Coleman ended up with more than 40 stitches to her face as a result of the dog attack, and she still may lose an eye due to the excessive damage to her facial area. Naturally, when she returned home from the hospital, she expected the two dangerous dogs to have been removed from her neighbor’s home and was stunned to discover both animals were still there.

For two days, Coleman lived in fear, with the vicious dogs still right next door. Finally, on Tuesday, officials from the Genesee County Animal Control came to take the dogs, which were surrendered by the owner. Coleman, however, and others in the community are now rightfully asking: what took so long?

Paul Wallace, Director of the Genesee County Animal Control, said the reach of his office is limited in cases like these. According to Wallace, his office is operating under dog law statutes that only give them two laws they can enforce: dogs running loose and dogs without a license. When a dog bite is reported to his agency, they go out to the home and the dog is put under quarantine for 10 days. It’s up to the victim and the dog owner to decide the animal’s fate, with the court sometimes stepping in. Wallace noted that in many places, the victim has to go to court and say the dog needs to be removed because it’s a danger to others.

In Coleman’s case, both dogs are expected to be euthanized, but she is still living with the fear and pain from what happened. Due to the devastation to her face as a result of the attack, she will also have to undergo more medical visits for the foreseeable future.

A dog attack can leave a victim with serious injuries and emotional damage. Talk to a dog bite lawyer Denver CO turns to for help today if you’ve suffered because of a dangerous dog.

Richard J. Banta, P.C.Thanks to our friends and contributors at the Law Office of Richard Banta for their insight into dog bites.