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Results from the 81st
Legislative Session
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TABLE OF CONTENTS
DWI
OFFENSES.......................................................................................................
DRIVING WHILE INTOXICATED WITH A CHILD
PASSENGER........................
BOATING UNDER THE INFLUENCE BY A
MINOR..............................................
DRIVING ACCIDENT WITH INVALID LICENSE AND NO INSURANCE............
ASSAULT FAMILY VIOLENCE
ISSUES................................................................ |
DWI OFFENSES
Do not drink and drive. Use good sense when you drink. Each year people
die and are seriously injured because of drunk drivers. Remember, DWI is
expensive to defend.
KNOW YOUR RIGHTS. YOU HAVE THE RIGHT TO REFUSE THE BREATH TEST AND
REFUSE TO ANSWER ANY QUESTIONS BY THE POLICE.
YOU HAVE THE RIGHT TO BE REPRESENTED BY A LAWYER.
IF YOU HAVE NOT BEEN ARRESTED FOR A DRUG OR ALCOHOL RELATED OFFENSE IN THE
PAST FIVE YEARS, YOU ARE ELIGIBLE FOR AN OCCUPATIONAL DRIVER’S LICENSE IF
YOU REFUSE THE BREATH TEST.
DRIVING WHILE INTOXICATED WITH A CHILD PASSENGER
The penalty for Driving While Intoxicated is increased to a state jail
felony if the driver has a passenger in the vehicle younger than 15 years
of age.
BOATING UNDER THE INFLUENCE BY A MINOR
It is now a crime for a minor to operate a watercraft while having any
detectable amount of alcohol in the minor’s system.
DRIVING ACCIDENT WITH INVALID LICENSE AND NO INSURANCE
If your driver’s license is invalid and you have an accident without
insurance, you will be given a ticket for a Class C offense. The penalty
goes up to a Class B misdemeanor (up to six months in jail and an optional
fine of up to $2,000.00) if you have had a prior conviction. You will be
arrested for a Class A misdemeanor (up to one year in jail and an optional
fine of up to $4,000.00) if you cause an accident involving death or
serious bodily injury.
ASSAULT FAMILY VIOLENCE ISSUES
A Family Violence or Dating Violence offense is serious for reasons not
the least of which include the enhancement from a misdemeanor to a felony.
House Bill 2240 creates the new offense of Continuous Violence against the
Family. It is a third degree felony (2 to 10 years in prison and an
optional fine of up to $10,000) if the defendant engages in 2 or more acts
of Family Violence during a period that is 12 months or less in duration.
The family violence does not need to be committed against the same family
member. This provision has severe consequences for defendants charged with
Assault Family Violence where the complainant seeks a Protective Order
based on past allegations of abuse.
“Family Violence” means an act or threat by a family or household member
against another family or household member that is intended to result in
physical harm, bodily injury, assault, or sexual assault. The new law adds
an act against an individual with whom another family or household member
is or has been in a dating relationship.
“Family” is defined to include individuals related by consanguinity or
affinity, former spouses of each other, parents of the same child, and a
foster child and foster parent, without regard to whether those
individuals reside together.
“Dating Violence” means an act against an individual with whom the actor
has or has had a dating relationship. The new law adds an act against
another individual who is in a dating relationship with an individual with
whom the actor is or has been in a dating relationship or marriage.
A “dating relationship” is defined as a continuing relationship of a
romantic or intimate nature.
“Household” is defined as a unit composed of persons living together in
the same dwelling, without regard to whether they are related to each
other.
KNOW YOUR RIGHTS
IF YOU ARE ARRESTED
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| YOU HAVE THE RIGHT |
to know the accusation against you and
of any affidavit filed therewith. |
| YOU HAVE THE RIGHT |
to retain counsel. |
| YOU HAVE THE RIGHT |
to remain silent. |
| YOU HAVE THE RIGHT |
to have an attorney
present to advise you prior to and during any questioning. |
| YOU HAVE THE RIGHT |
to terminate an
interview at any time. |
| YOU HAVE THE RIGHT |
to request the
appointment of counsel if you are too poor to afford counsel. |
| YOU HAVE THE RIGHT |
to be informed by a
magistrate that you are not required to make a statement and that
any statement you make may be used against you. |
| YOU HAVE THE RIGHT |
to a reasonable time and
opportunity to consult counsel. |
| YOU HAVE THE RIGHT |
to be admitted to bail
if allowed by law. |
ENHANCED PENALTIES FOR FAMILY VIOLENCE:
A prior conviction for Family Violence Assault enhances a subsequent
charge of FV Assault to a second degree felony (2 – 20 years in prison).
Strangulation – It is a third degree felony (2 to 10 years in prison and
an optional fine of up to $10,000) if a defendant impedes the normal
breathing or circulation of blood of a family member by applying pressure
to the person’s throat or neck or by blocking the person’s nose or mouth.
It is a second degree felony (2 – 20 years in prison) if the defendant
commits strangulation and has a prior conviction for Assault Family
Violence. |
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David B. Frank
Attorney And Counselor At Law
The Penthouse Condominiums
1212 Guadalupe Street, Suite 103
Austin, Texas 78701
Tel. 512-499-0969
Fax. 512-499-8220 |
"Board Certified in Criminal Law by the Texas board of Legal Specialization"
Reproduction of any material on this site without written
permission is strictly prohibited.
© Copyright
2002-2009 David Frank, Attorney at Law. All Rights Reserved. |
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