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Texas Dwi Surcharge System Has Failed – Houston Dwi Lawyers

Far from helping control DWI rates, a system in Texas that slaps steep surcharges on drunk driving offenders and others, has actually contributed to case backlogs in courts, and more numbers of DWI cases being dismissed. That opinion comes from a former McLennan County district court judge, David Hodges.

David Hodges told the Texas Public Safety Commission this week that the surcharge system had failed to work like it was meant to. Under the system, persons who violate certain driving rules, including drunk driving offenders, are slapped with a DPS surcharge. DWI offenders are, by far, the worst affected by such surcharges. They can expect a surcharge of $1,000 annually for three years for the first conviction, and after that, a surcharge of $2,000 annually in cases, where the BAC level was found to be twice the legally allowed limit.

Many DWI offenders tend to be young students, single parents and other persons who don’t earn enough to support such massive surcharges. For these people, the choice is between paying for their daily needs, or paying the surcharge. In fact, a majority of people slapped with a surcharge fail to pay these, in spite of the state establishing collection agencies to collect surcharges.  The estimated 1.2 million people who have not paid their surcharges owe the state of Texas more than $1Billion. As a result of not paying the surcharge, these individuals have lost their drivers licenses.

The system was established in order to raise money for important projects, including highway construction and building of new trauma care centers. None of that has happened as planned. Very little money collected from the surcharge system has gone into construction of trauma care centers.

David Hodges is supporting a modification to the system that would allow persons convicted of DUI to have part of the surcharge waived off, in exchange for getting admitted into an alcohol treatment program. As Houston DWI attorneys, we find this option very encouraging. Often, drunk driving offenders could do with a little encouragement getting into a treatment program. Having a big chunk of their surcharge sliced off in return for getting the treatment they need, could work as the incentive the state hopes it will.

In any case, it makes no sense to hang onto a poorly thought-out system that might have had good intentions, but has suffered from poor implementation. As Houston DWI lawyers, we see that most DWI offenders in Texas can’t afford to cough up $1,000 or $2,000 every year for several years. It therefore, makes little sense to hold on to the system.

Texas Dwi Lawyers Warn Against Trusting New Dui App Too Much

A new iPhone app designed to provide an estimate of a person’s blood alcohol content (or BAC) level is creating some buzz, but as Texas DWI lawyers, we worry that the app could lead to a false sense of security.

The app, developed by the Colorado Department of Transportation as part of its New Years DUI prevention efforts, is called R-U-Buzzed.   It works by taking information like your weight and the number and type of drinks you have had, and then spitting out a BAC figure. That information also comes with a color coded message that informs you if you can drive home, or if you should absolutely hire a designated driver. R-U-Buzzed has proved very popular, and has been downloaded more than 40,000 times since it was released in December.

As Houston DWI lawyers, we have several problems with the app.

On the surface of it, this might seem just like what the bartender ordered – a system that allows you to calculate your own BAC level and warn you if you aren’t fit to drive. However, the information isn’t completely accurate. To its credit, R-U-Buzzed doesn’t claim to offer a precise figure of a person’s BAC level. There are a number of factors besides weight and drinks consumed that can impact intoxication BAC levels.

We also worry that persons, especially younger drivers, may see a message saying they’re sober and feel encouraged to drive. Remember, the app won’t help you if you fail a breathalyzer test and have to call a Houston DWI lawyer.
There could also be potential for misusing the app, like in a game of who can drink the most at the bar. Checking BAC levels could turn into a party game, which Texas DWI lawyers would not advise at all.

At the end of the day, this is likely a fun and well intentioned, but flawed system that we would not advise motorists to base their driving decisions on.

If you have been charged with DWI or a alcohol related charge, contact the criminal defense lawyers at The Kahn Law Firm today for a free, confidential consultation at 713-999-6549 or toll free 1-844-301-KAHN.

Texas DWI Lawyers Oppose Montgomery County Da’s Tweet & Shame Tactics–houston Dwi Lawyer

s Texas DWI lawyers, we are aware of the stain a DUI arrest may place on an person’s record. Now, an Assistant District Attorney in Montgomery County, Texas is making use of social networking sites to carry this blot on the record, online .
The Montgomery County DA’s Office is using Twitter to “tweet” or send out names of people arrested on suspicion of drunk driving. Twitter is a social networking medium that allows you to ”tweet out” or send out messages of up to 140 characters in length to your followers. The site has grown tremendously over the past year, and currently 18 million Americans are believed to be on Twitter. Moreover, Twitter messages are now being included in Google search engine rankings, which means that related tweets now show up when you search for a particular topic.

What that also means is that a tweet about a drunk driving arrest is also highly likely to show up when anyone runs a search on the person’s name. As Texas DWI lawyers, we find the potential ramifications of such “tweet and shame” tactics to be extremely worrisome. Take for instance a person who is arrested on suspicion of drunk driving.  In our country, a man is innocent until proven guilty. However, the Montgomery County DA’s Office under this new strategy will go right ahead and tweet the man’s name to possibly thousands of its followers. If a potential employer decides to Google the person’s name, the DUI arrest tweet would show up.  The repercussions for the person, his career, his future prospects, employment, current and future relationships and his life in general will be dramatically affected by a single 140-character tweet.

To Texas DWI attorneys, who know the nightmare someone who is falsely accused of driving while intoxicated can go through, this Twitter tactic adds just one more dimension to his suffering. This is a reprehensible practice, and it would be appalling if even one wrongly accused person suffered humiliation and loss because of a false tweet.

If you have been arrested or charged with DWI, intoxicated assault or intoxicated manslaughter, call The Kahn Law Firm today for a free, confidential consultation with one of our attorneys who are certified experts in the field sobriety tests at 713-999-6549.

Texas Dot Uses Funny Super Bowl Ad To Prevent Dwi-houston Dwi Lawyers

Texas DWI lawyers braced for Super Bowl Sunday, one of the biggest drinking days of the calendar. The Texas Department of Transportation too put to rest its traditional approach to preventing DUI crashes, and used humor to get young men – the traditional Super Bowl audience – to drive sober or not drive at all.

The DOT produced a TV spot that features a bunch of “high” men chanting “Will take a cab or ride in a car, with a friend who’s S-O-B-E-R”. It’s a different approach to the typical DWI public service announcement spots that show victims of drunk driving crashes. The Texas DOT conducted enough research to show that the traditional messages were not reaching men between the ages of 18 and 34, who are frequently arrested for DWI on Super Bowl night. In fact, these Super Bowl viewers tend to simply zone out during the PSA, ensuring that the message never reached those it was intended to.
Holiday DWI enforcement can sometimes seem draconian.  Often, as Houston DWI lawyers see, these are hurriedly put together operations with breathalyzers that are malfunctioning, tests that are rushed through, and with more of a focus on reaching or crossing the previous year’s targets.

The best thing would be for you to avoid drinking and driving.  If you have any doubts about whether you are legally intoxicated, ask a friend to drive you home, or hire a cab.

If you have been charged with a DWI, intoxicated assault or intoxicated manslaughter, it is important that you contact an experienced DWI lawyer TODAY.  You only have 15 days to request a hearing through DPS to save your drivers license.  Contact the DWI lawyers at The Kahn Law Firm at 713-226-9900 for a free confidential consultation.

Texas Court Of Appeals Throws Out Death Sentences For Two Men – Houston Criminal Defense Lawyers

As Houston criminal defense lawyers, we believe that a valid appeals process strengthens our criminal justice system. This week, two convicted men who were on death row, had their death penalty sentences thrown out by the Texas Court of Criminal Appeals.

On Wednesday, the court held that a jury that convicted Roy Gene Smith in 1990, did not hear evidence about his growing up in a crime-infested neighborhood in Houston. 51-year-old Smith had been convicted for shooting a 70-year-old woman. He only stole about four dollars from her. On Wednesday, the court held that Smith must be sentenced again.
The other man on death row to have his sentence thrown out, was 44-year-old David Lewis. Lewis was convicted of shooting a 76-year-old woman, as he burglarized her house. He will now receive a new trial.

While that was good news for the two men, at least three other men whose appeals were being considered by Texas’ highest court were not so lucky. Those three men had their appeals turned down.

The men included 31-year-old Yokaman Hearn. His appeal was based on his claim that he could not be executed because the laws prevented execution of a mentally impaired person. In 2004, Hearn had come to within an hour of execution, but the execution was stayed so his mental impairment claims could be further examined. However, the Court of Criminal Appeals has turned down his appeal.

The second man to lose his appeal was Randall Wayne Mays. He had been convicted in the death of a sheriff’s deputy in 2007. His criminal defense lawyers focused on improper jury instructions given by the judge during his trial, but the appeal was turned down.

Kosoul Chanthakoummane was convicted of the murder of a 40-year-old in 2006, and was handed down the death penalty. His lawyers appealed on a number of grounds, including that the jurors had seen him shackled during his trial, and had been shown a picture of him looking like he was about to bite a small dog, which could have negatively impacted their perception of him. Chanthakoummane’s appeal however, was turned down too.

Suicide-the Silent Killer In American Prisons

A new report has sobering facts for Houston criminal defense lawyers. Suicide is the number one cause of unnatural death among prison inmates in the United States, accounting for about 29% of all prison deaths between 2000 and 2007. Those facts come from a new report, called Mortality in Local Jails, 2000-2007 as reported to the Deaths in Custody Reporting Program.

According to the report, the number of deaths in local prisons in the United States increased from 905 in the year 2000, to 1,103 in 2007. In all, between 2000 and 2007, there were 8,110 deaths in custody. The mortality rate in prisons decreased from 152 per 100,000 inmates, to 141 per 100,000 inmates. During this period of time, the prison inmate operation increased by 31%. More than half of all prison deaths took place within a month after the inmate entered the prison.
More than half of all deaths in local prisons were due to illnesses including AIDS. Among these, heart disease was the number one cause of death among inmates, with 42 % of prison inmates dying from cardiac disease.

The one statistic that jumps out from the study is the fact that suicide is the #1 cause of unnatural death among prison inmates. Twenty-nine percent (29%) of all unnatural prison deaths were linked to suicide.  This was even as the overall suicide rate among prison inmates declined from 49 per 100,000 inmates in 2002, to 36 per 100,000 in 2007.  Suicide also seems to be a much bigger factor in prison deaths in smaller local jails, than in large prisons. In prisons which had 50 or fewer inmates, the suicide rate was 159 per 100,000 inmates, while in some of the largest prisons, the rate was just 27 per 1,000 inmates. In fact, after the researchers adjusted for age, sex and race differences, they found that suicide as a cause of death increased at a much higher pace in US prisons than in the US general population. What this indicates is that prison inmates are committing suicide at a rate that’s increasing faster than the suicide risk for the general population.

Study Finds Attractive People Are Much More Likely To Be Acquitted – Houston Criminal Defense Lawyers

We’ve always known that being good-looking has major advantages in the workplace from faster promotions to larger bonuses. However, a new study confirms that the good-looking get a bigger and better break in the courtroom too.

A study conducted by researchers at Cornell University, found that less than attractive defendants were up to 22% more likely to be convicted than good-looking ones.  It’s not just that fact that will be disconcerting to any Houston criminal defense lawyer. The study also found that not only were less attractive defendants more likely to be convicted, but they were also likely to be handed longer sentences. On an average, attractive defendants were handed sentences that were 22 months shorter than less attractive ones.

There was some good news, if you can call it that.  This difference in convictions and sentences does not seem to be seen in serious cases like murder, where the difference between attractive and less attractive defendants, was minor. However, in the case of minor crimes or offenses, there was a very noticeable difference in the conviction rates, as well as the length of sentences handed out to both groups.

It is not the first time that study has yielded such results. Over the past several decades, there have been a number of studies that have probed whether a defendant’s looks have anything to do with whether he gets convicted or not. Studies have been conducted across the pond too. One study in the UK found that good-looking defendants were much more likely to be acquitted of crimes than the more rough looking ones.

No matter what you look like however, the biggest factor standing between you and a conviction still remains an expert and experienced Houston criminal defense attorney. If you have been charged with a crime, contact the experienced trial lawyers atd Kahn Law Firm today for a free, confidential case evaluation at 713-999-6549.

Some Holiday Driving Advice From Texas Dwi Lawyers

The Christmas and New Year holiday season is when we can expect Texas DWI lawyers to be extra busy. In that context, it’s important for motorists and partiers to know that in Harris County, an anti-DWI refusal program is currently underway. What this means is that if a motorist is pulled over on suspicion of drunk driving and refuses the breath test, the police can obtain a warrant from judges who are available almost immediately to sign for a forced blood test.  The no-refusal program will run on Thursdays, Fridays, Saturdays, and Sundays, from now until the 2nd of January 2010.

The end of the year is also one that keeps law enforcement authorities and state troopers extra busy, as they crack down on intoxicated drivers across Texas. The 2009 holiday drunk driving crackdown has already begun. Police departments across the state are enforcing DUI laws, and are urging motorists to plan ahead if they intend to drink.  Texas DWI lawyers would advise the following, to avoid driving while intoxicated.

• Call for a taxi.
• Ask a friend to drop you home.
• Several states now have professional designated driver services that, for a fee, will pick you up from the venue, and drop you back to your home. Look for these services in your area.
• If you are drinking at a friend or relative’s place, ask if you can sleep over.

Christmas is a week away and, we’re already seeing an increase in drunk driving accidents causing serious injuries. An Amarillo man, who was struck by an alleged intoxicated motorist over the weekend, continues to remain in a serious condition. Philip Don Glover was crossing the street when he was struck by a van driven by the alleged drunk driver.  It’s a terrible thing to happen during Christmas time, and our hearts go out to his family.

As both Texas personal injury lawyers and Texas DWI lawyers, we hope that everybody celebrates the season with a sense of responsibility for their own safety, and for the safety of other motorists around.

If you find yourself in need of a personal injury lawyer because you or a loved one was injured by a drunk driver, call the Texas personal injury lawyers at the Kahn Law Firm for a free consultation.  And likewise, if you get arrested for suspicion of drunk driving, call the Texas DWI lawyers at the Kahn Law Firm. We understand both sides of DWI accidents and can help.  For a free consultation, call us at 713-999-6549 or toll free 1-844-301-KAHN.

Sleep Apnea Will Soon Become A Potent Factor In Houston Truck Accident Lawsuits – Texas Injury Lawyers

Sleep apnea – a condition in which there are pauses in breathing during sleep – is a big contributor to truck driver fatigue.  Currently, there are only a minor number of truck accident lawsuits every year that name the driver’s sleep apnea specifically as one of the causal factors of the crash. That however, could soon change as more and more evidence links sleep apnea to truck drivers and consequently, a high risk of accidents.

Houston truck accident lawyers have long been aware of the fact that obese drivers have a higher risk of sleep apnea, and therefore, a higher risk of fatigue-related accidents.  However, it hasn’t yet been proved to be a potent factor in litigation arising from truck accidents. That’s because for the large part, the trucking industry has tended to minimize the importance of studies linking sleep apnea specifically to truck drivers.

Last year, a study conducted by Harvard researchers named obesity among truck drivers as a major contributing factor to sleep apnea among these drivers. The Harvard study also indicated that most drivers, who begin treatment for sleep apnea, don’t often complete the treatment program. There have been other studies linking truck drivers to a higher risk of this potentially dangerous sleep disorder.

It has taken a long time for the trucking industry to wake up to the fact that there is a silent killer in its midst. A few trucking companies have begun their own sleep apnea programs, but have found it hard to develop strategies to strongly deal with the problem. It hasn’t helped matters that the Federal Motor Carrier Safety Administration has no strong guidelines for the diagnosis of sleep apnea in truck drivers and treatment programs for drivers. The agency has been very slow to act on this issue.

There is enough research out there to prove the high risk of sleep apnea among truck drivers, and trucking companies would do well to study these findings and initiate their own sleep apnea diagnosis and treatment programs, at least until federal agencies decide to do something about it.

If you have been injured in an accident with an 18 wheeler or other commercial vehicle, contact the experienced lawyers at The Kahn Law Firm for a free case evaluation at 713-999-6549.