Posted on November 19, 2024 in DWI

Two drivers will face intoxication charges following a three-car collision that shut down parts of Highway 287 in Fort Worth just a few days ago. Three people were injured in the accident when a Ford Escape hit a temporary construction barrier around 3 a.m. As construction workers were assisting the driver of the Escape, who was allegedly intoxicated, a Chevrolet Malibu collided with a construction truck, striking one of the construction workers.

The driver of the Malibu was also allegedly intoxicated. Both drivers and the construction worker were taken to the hospital. The driver of the Malibu could face intoxication assault charges as he injured the construction worker in the crash. The driver of the Escape was arrested and charged with DWI. Across the state of Texas, three people were killed each day in 2023 in alcohol-related crashes.

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 Posted on November 12, 2024 in DWI

Men are significantly more likely to drive while intoxicated than women and are involved in four times more drunk driving accidents than women. This is, in part, due to societal expectations, i.e., women who drink to excess face much more disapproval than men. In 2019, 81 percent of those arrested for drunk driving were men, while 19 percent were women. Even though far fewer women are arrested for DWI, many of those who are face unreliable BAC results because of their gender.

Breathalyzer machines are commonly used to determine whether a person will be charged with DWI. Every state except Utah has set a legal blood alcohol concentration limit of 0.08 percent without taking into consideration the variables that can make breathalyzer tests unreliable. A breathalyzer machine must be consistently maintained and calibrated, and the officers who administer the tests must be trained and certified.

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 Posted on November 05, 2024 in Criminal Defense

A drowning incident in Odessa, TX, resulted in the death of two one-year-old twins. The caregiver for the twins is believed to have placed the babies in the bathtub, turned on the water, and then left the bathroom to watch television, where she fell asleep for an unknown amount of time. The caregiver is being charged with two counts of Injury to a Child and has a bond of $1 million dollars.

In the state of Texas, while Injury to a Child is under the assault statute, it is always a felony offense. This is contrary to other types of assault, which can be charged as a lesser felony for aggravated assault or as a misdemeanor for simple assault. If you are facing such serious charges, you need the assistance of a Plano, TX criminal defense attorney from Law Offices of Biederman & Burleson P.L.L.C..  

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 Posted on October 29, 2024 in DWI

Breathalyzer machines are commonly used by law enforcement to measure a person’s blood alcohol concentration (BAC) if that person is suspected of driving while intoxicated (DWI). While breathalyzer devices are considered the gold standard and are used nationwide, there is significant pushback regarding their reliability and accuracy.

In the state of Texas, the laws surrounding the use of breathalyzers are in the Texas Breath Alcohol Testing Regulations. If you are facing DWI charges, speaking to a Fairview, TX DWI attorney from the Law Offices of Biederman & Burleson P.L.L.C. can be beneficial. Your attorney will know how to find the potential inaccuracies associated with a breathalyzer machine and any other inconsistencies associated with your charges.

The Science of Breathalyzer Machines

A breathalyzer machine measures blood alcohol content, which roughly gauges a person’s intoxication by measuring the percentage of alcohol in the bloodstream. When alcohol is consumed, it is absorbed through the lining of the stomach and finds its way to the blood. Some of the alcohol evaporates, moving into the lungs as the blood passes through the lungs.

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 Posted on October 22, 2024 in Criminal Defense

Texas lawmakers recently discussed new ways to combat organized retail theft and cargo theft. Will Johnson, Chief Special Agent for the BNSF Railway Police Department, stated that the escalation of these organized theft crimes threatens the state's economy. Other Texas law enforcement experts describe this trend as a crisis. Law enforcement claims that the state’s current theft laws are entirely inadequate to prosecute and deter the rash of theft crimes across Texas. It is estimated that retailers in the state lost more than $5.9 billion as a result of organized theft crimes.

Houston has the dubious distinction of having the third-most retail crime in the nation, behind Los Angeles and San Francisco. Law enforcement officials are suggesting that lawmakers implement increased penalties, lower the monetary threshold for organized retail theft, and charge it as a felony. If you have been charged with retail theft or organized retail theft, you must take the charges seriously. Speaking to a Prosper, TX retail theft attorney from the Law Offices of Biederman & Burleson P.L.L.C. as quickly as possible is a beneficial step toward protecting your future.

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 Posted on October 15, 2024 in Assault

A woman in Plano, TX recently pled guilty to hate crime charges for an incident that occurred in August 2022. Four friends were leaving a restaurant when they heard a 59-year-old woman making racial comments. One of the four friends started recording the incident, while another called the police. The encounter soon turned physical, as the woman physically and verbally assaulted three of the friends while threatening the fourth.

The incident was investigated by the state and the federal government. The woman was convicted on three misdemeanor assault charges, one misdemeanor terrorist threat charge, and four state hate crime charges. The district attorney on the case noted that while misdemeanor assault charges are not rare in the state, a hate crime enhancement for misdemeanor assault charges is relatively rare.

Because the case was resolved with a plea deal, the defendant did not testify, although all four victims gave impact statements. The defendant received a sentence of 40 days in the Collin County Jail for each charge, to be served concurrently, as well as two years of community-supervised probate and a $500 fine for each case.

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 Posted on October 08, 2024 in Criminal Defense

Recently, a resident of Houston, Texas, was sentenced to 18 months in federal prison after pleading guilty to making false statements to the FBI as they related to a government imposter scam. The young man had traveled to Louisiana to collect money from a government imposter scam victim. When he arrived, he was arrested by the FBI. He later made false statements to agents regarding his prior involvement in similar money-scamming schemes.

A person who makes a false statement to a government agent when it is in relation to a federal issue – in writing or in person – can be charged with a federal crime under Federal Statute 18 U.S. C. Section 1001. The statement does not need to be made under oath for this offense to be charged. So, while lying is not generally a crime, in this case, it depends on who you are talking to.

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 Posted on September 26, 2024 in Attorney Writ Bonds

Suppose your family is out of town for the weekend and you attend a birthday party for a buddy of yours held at a local bar. You are headed home after having a couple of beers and a good time with your friends when you see flashing lights behind you. An hour later, you are being booked for DWI. Since it is Friday evening and you are unable to contact your spouse, you are potentially looking at sitting in jail for the entire weekend. While it is natural to feel frustration and panic when you find yourself in this type of situation, there is an alternative.

In Collin County, a licensed, qualified attorney can file a petition known as a "Writ of Habeas Corpus" at any time of day or night through the Sheriff’s Office. If you were arrested on a misdemeanor charge, this writ serves to immediately set your bond without waiting for a judge arraignment. While it can sometimes take two to three days before a judge or magistrate can set your bond, you could be released within two to three hours with an attorney writ bond. Getting out of jail so quickly also gives you the crucial time you need to discuss the circumstances of your DWI arrest with your Fairview, TX writ bond attorney.

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 Posted on September 19, 2024 in DWI

Summer is winding down, and fall is just around the corner. The days are getting shorter, and there is a slight chill in the air in the early morning hours. For many people, this means football season is here! Die-hard football fans often follow their favorite college teams from one state to another.

Part of the football culture includes tailgating and having after-parties and get-togethers. These social gatherings often include alcohol. What if you celebrated a win with a couple of beers, and now you are facing out-of-state Texas DWI charges following a Texas Longhorn – Arkansas Razorbacks game? To protect your future, your first step should be to contact an experienced Plano, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C..

Forget Everything You Know About Your Home State’s DWI/DUI Laws

Regardless of what state you are from you may have a good idea of your home state’s DWI laws. Perhaps they are more lenient than the DWI laws in Texas, or they could be stricter. The one constant is that in every state except Utah, the BAC level that is considered impaired is 0.08 percent. Beyond this, the DWI penalties from state to state, including the length of suspension of your driver’s license, can be very different. If you receive a DWI in Texas, you will face Texas rules and laws.

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 Posted on September 12, 2024 in DWI

Any DWI conviction is a serious matter in the Lone Star State, but if you continue to drink and drive, you could find yourself behind bars for decades – or for life. An Odessa man was recently sentenced to a plea deal term of 30 years in prison for a fifth DWI and a fifth felony conviction. In 2023, a Fort Worth man was sentenced to life in prison after his ninth DWI conviction. There are other similar instances of long prison sentences for those with multiple DWI offenses in the state of Texas.

So, how many DWI convictions are too many? At what point could you find yourself behind bars for a very long time following a DWI conviction? How many DWI convictions result in the loss of driving privileges for life? These questions are important if you are facing a third, fourth, or subsequent DWI offense. Remember, each situation is different. Perhaps there are extenuating circumstances in your DWI arrest, errors were made during your traffic stop or arrest, or your breathalyzer test results are inaccurate.

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