Ryan R. Hill, Attorney at LawLongview TX Criminal Defense Lawyer | Gregg County DWI2024-02-06T06:51:00Zhttps://www.rhilllaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403757/2022/10/cropped-site-identity-32x32.jpgOn Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=506382024-02-01T06:51:16Z2024-02-06T06:51:00ZReasonable suspicion for traffic stops
Police need reasonable suspicion of illegal activity to legally stop a vehicle. Reasonable suspicion depends on specific facts that would lead a reasonable officer to think a traffic violation or crime may be occurring. For example, an officer may develop reasonable suspicion for a stop if they see a car swerving, suggesting the driver may be drunk. Reasonable suspicion is a relatively low legal bar.
Probable cause to search a vehicle
Police need probable cause to legally search a vehicle without consent. Probable cause means police must have enough facts and evidence to lead a reasonable person to believe the vehicle contains contraband or evidence of a crime. For example, the smell of marijuana coming from a car can establish probable cause to search it. Probable cause is a higher legal standard than reasonable suspicion.
Remember, police need reasonable suspicion of a traffic violation to stop you, but probable cause of illegal activity to search your vehicle. The courts could dismiss any evidence found as a result of an illegal search or unjustified stop. Assert your rights politely if you face an unjustified stop or search.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=506362023-12-21T11:26:42Z2023-12-20T11:25:13ZOn Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=506272023-12-08T09:00:30Z2023-12-13T08:59:47ZRoadside Portable Breath Test
The roadside test is a preliminary assessment tool that law enforcement officers use during a traffic stop to quickly assess a driver’s blood alcohol content. The results of this test are inadmissible in court, so they serve as a tool for probable cause instead.
The roadside test also has some limitations. The results are typically not as accurate as the evidentiary test. Environmental conditions and the presence of other substances can interfere with the results of a portable test, so it cannot serve as conclusive evidence of DWI.
Evidentiary breath test
The Evidentiary Breath Test, on the other hand, requires more controlled and regulated conditions, often at a police station or a designated testing facility. This test is more accurate and serves as a critical piece of evidence if a case goes to court.
The testing equipment used for Evidentiary Breath Testing receives calibration and maintenance regularly to ensure accurate results. For that reason, the results of an Evidentiary Breath Test serve as evidence in court and can result in charges of driving while intoxicated.
There were more than 80,000 traffic stops resulting in DWI charges in Texas in 2022. Many of these cases relied on breath test results. Understand the difference between the roadside and evidentiary testing so that you can better protect yourself.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=506252023-10-25T20:48:51Z2023-10-11T23:23:10ZThe Texas drug penalty groups
These drug penalty groups are used to determine drug possession sentences in Texas. Drug penalty group one includes highly addictive controlled substances like cocaine, methamphetamine and heroin. This penalty group also has subgroups for LSD and fentanyl. Drug penalty group two includes hallucinogens like psilocybin and mescaline, and drug penalty group three is where Texas lawmakers chose to place stimulants and depressants like diazepam, Xanax and lorazepam. Drug penalty group four contains prescription drugs with addictive properties like morphine, opium and Motofen.
Texas drug possession penalties
Possessing substances that are highly addictive and have few if any medical uses will lead to more serious drug charges and stiffer penalties in Texas than being found with controlled substances that are commonly used in medicine and not considered to be habit-forming. Penalties are based on they type of drug involved and the amount of it recovered by law enforcement. Possessing less than a gram of a penalty group one drug is charged as a state jail felony in Texas, but being found in possession of up to 28 grams of a penalty group four drug will only result in a Class B misdemeanor charge. The harshest penalties are handed down to offenders convicted of possessing 400 or more grams of a penalty group one, two, three or four drug. These offenders are charged with enhanced first-degree felonies, and they can be sent to prison for up to 99 years.
Rehabilitation and treatment
While the penalties for possessing controlled substances can be harsh in Texas, judges rarely hand down maximum sentences unless offenders have long criminal records. In most cases, the courts take the view that substance abuse should be treated rather than punished whenever possible.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=506112023-09-12T17:25:21Z2023-09-12T17:25:21Z
Nobody ever expects to drive and suddenly be pulled over by a Texas police officer. Although this could happen to anyone, it can be a nightmare if the officer suddenly searches your vehicle suspecting that they will find drugs. If this occurs, remember that you have rights; these are common search and seizure issues involving such a scenario during a traffic stop.
Legal searches of vehicles
Per criminal law, there are certain situations when it’s legal for police to conduct a search of a vehicle. One is when they have a warrant to do so. Police must have sufficient probable cause to obtain a warrant, that is issued by a judge. Note that it may be possible to challenge a warrant in a criminal case. It is important to seek the assistance of a qualified criminal defense lawyer if charges are filed.
Consent gives police the right to search a vehicle for drugs or anything else in the scope of a crime. Consent may involve a gray area. It is important to note that simply agreeing to allow a search may be sufficient. Drivers may be cordial with law enforcement, but giving police permission to conduct a search goes beyond what many believe is necessary to be civil, as driver do have the right to protect their constitutional rights.
Officers can also perform a search if drugs are in plain view in the vehicle. However, law enforcement may only rely on the "plain view" theory if they are lawfully in a place to legally view the alleged contraband. That means they must have had reasonable suspicion to conduct the traffic stop in the first place. These issues involve detailed nuances that should be reviewed by an experienced criminal defense trial lawyer. ,
If a person has already been arrested, the police can search their vehicle. They can also do so if they make a traffic stop and have probable cause to believe they will find drugs in the car; for example, the officer clearly detects the smell of marijuana wafting through the air upon approaching the vehicle. This factor is known as "vehicle exception." Even when prosecutors believe that the so-called vehicle exception applies, a drug crime defense attorney should review the fine details.
Search and seizure and your Fourth Amendment rights
Under the Fourth Amendment, you have the right to be protected from an unlawful search and seizure. This includes situations where a police officer makes a traffic stop; law enforcement cannot randomly make a driver pull over for no reason and search their vehicle to uncover drugs or anything else. However, even if law enforcement officers uncover something suspicious, under the Fourth Amendment, an unlawful stop and search can result in the suppression of the evidence.
You have the right to your privacy. If the police pull you over, find drugs in your vehicle and arrest you but the search was illegal, the charges against you might very well be dismissed.
]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=499272023-04-12T18:38:43Z2023-04-12T18:38:43ZALR hearings
Motorists who request ALR hearings are notified by mail when and where to appear. It can take up to four months to schedule a hearing. ALR hearings are presided over by an administrative law judge, but there is no jury. If you request an ALR hearing, you or your attorney will be able to make arguments and present evidence. Once the judge has heard all of the arguments, he or she will decide whether or not your driver’s license will be suspended. The evidence presented in an ALR hearing may also be used to fight DWI charges in a criminal court.
ALR appeals
Motorists who wish to appeal the decision a judge made in an ALR hearing are given 30 days from the start of their driver’s license suspensions to file an appeal. The appeal petition must be taken to a District or County Court, and the clerk of the court must sign it. The signed petition should then be sent by certified mail to the ALR program office in Austin. When the appellate court reaches a decision, motorists are notified by mail.
Similar evidence
While ALR hearings and DWI trials are unconnected, the matters involved are often the same. To avoid a driver’s license suspension, a motorist could argue that a police officer acted improperly or the results of a toxicology test are unreliable. Motorists could also mount an affirmative defense based on involuntary intoxication or necessity.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=499192022-12-08T03:34:06Z2022-12-08T03:34:06ZThe consequences of a DWI Charge
Fines for a DWI in Texas range from $2,000 to $10,000, and you may also be required to pay court costs, state fines, and other fees. Jail time for a DWI in Texas ranges from 72 hours to 180 days on a first offense, and you may also be ordered to perform community service. On a third offense, jail time can be up to 10 years.
Your driver's license will be suspended upon conviction of a DWI for up to a year. If you are convicted of a second or subsequent DWI, your driver's license will be suspended for up to two years. You may also be required to attend DWI classes and have an ignition interlock device installed on your vehicle. You may also be required to complete an alcohol education or treatment program.
The criminal process
You will go through a criminal process when you are arrested for a DWI in Texas. This process can differ depending on the county where the arrest occurred. Generally, you will be taken to jail and given a bond. You will then have a court date where you will appear before a judge.
The administrative process
The administrative process for a DWI in Texas can be long and complicated. You can call the Texas Department of Public Safety (DPS) to discover the suspension status of your license. You can appeal with the DPS if it has. You may also need to get your vehicle out of impound.
Life changing consequences
A DWI charge in Texas is a serious matter with potentially life-changing consequences. In the event of conviction on a DWI charge, you could face jail time, steep fines, and the loss of your driver's license. You will also have a criminal record that can follow you for the rest of your life, making it difficult to get a job or rent an apartment.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=498142022-10-20T17:33:19Z2022-10-20T17:33:19ZThe laws around driving while under the influence (DWI) in Texas are the same throughout the state. A lot of people who live and/or work in Longview and surrounding areas are regularly traveling back and forth between Gregg County and Harrison County, so it’s important to know that.
The legal limits for the amount of alcohol you can have in your system (.08% if you’re at least 21 and any detectable amount if you’re younger) and the potential penalties if you’re convicted of DWI are the same whether you’re driving in one of these two counties or any other.Even a first offense carries a mandatory 3-day stay in jail (and potentially up to six months, plus state and local fines totaling thousands of dollars and the loss of driving privileges for up to one year. The penalties only increase if it’s not your first DWI or if there’s a child in the vehicle.
Which judge will you be dealing with?
Under Texas law, a person who is arrested may go before a judge in the county where they were arrested or potentially in another county (like the county where they live). While, as we noted, the laws are the same in every county, the judges who handle the cases are not.Judges have some leeway in how they deal with a defendant and, if they are convicted, what kind of sentence they hand down. This can make the difference between spending time behind bars or wearing an electronic ankle monitor, for example. This is where having legal guidance from someone who knows the courts and the judges in a county can make all the difference to your case. The potential impacts of a DWI on your job, your family, your finances and just about every aspect of your life are extensive. You need every advantage you can get if you’re facing a DWI charge.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=498112022-10-06T19:57:28Z2022-10-06T19:57:28ZNo one wants to tell their boss that they’ve gotten a DWI and are required to have an ignition interlock device (IID) for months or maybe longer. If you drive a company vehicle as part of your job, however, you’ll need to have that conversation.
Texas law requires those who choose to get an IID to restore their driving privileges with a restricted license to have this device installed in any vehicle they’ll be driving. That’s done at the driver’s expense. Texas does provide financial help with the expenses for those who need it.There is an exception in the law when it comes to not being able to legally operate a vehicle that doesn’t have an IID when it comes to work vehicles. The exception may be used if a person is required to drive a vehicle as part of their job and that vehicle is owned by their employer. However, this doesn’t apply if you are self-employed or a co-owner of the company that owns the vehicle.
Written consent is needed to waive the IID requirement
If your employer gives their permission for you to continue to drive one of their vehicles without an IID installed, they’ll need to complete and sign an employer exemption form. You’ll need to keep this with you so that you have it in case you’re stopped by law enforcement. Another option might be to offer to use your own vehicle for the period an IID is required. If you just use the boss’s car occasionally to make pick-ups and deliveries, you may be able to do that. It’s doubtful your employer would be willing to install an IID on one of their vehicles, even if you pay for it.Of course, none of this applies to vehicles for which a commercial driver’s license (CDL) is required. A DWI conviction when you have a commercial license can have much more serious career ramifications.Most people don’t realize how many areas of their life can be affected by a DWI conviction until they’re looking at the possibility of one. That’s why it’s wise to take the time to explore your options before you simply plead guilty. There could be problems with the way the traffic stop was conducted, the equipment used for the breath test and any number of other things. That’s why it’s smart to have legal guidance.]]>On Behalf of Ryan R. Hill, Attorney at Lawhttps://www.rhilllaw.com/?p=498092023-12-19T04:39:28Z2022-09-22T16:40:35ZIf you have been charged with a Texas DWI, it’s important to know that you can still find avenues for a successful defense.
When you are pulled over, there are certain requirements that the police must follow to make the charges stick. If mistakes are made by the police, it may be possible to use this information as part of your defense. Here are two potential defenses:
1. Lack of reasonable suspicion to pull you over
The police cannot pull you over if they don’t have reasonable suspicion. This means that they need justifiable suspicion that you are engaging in some type of illegal activity. Valid reasons for the police to conduct a traffic stop include speeding, running a stop light, broken or malfunctioning equipment on your vehicle and similar issues. The evidence collected is considered inadmissible if the police don’t have reasonable suspicion but still stop you. In these cases, your DWI charge will likely be dismissed.
2. Improper administration of BAC (blood alcohol content) testing
A breathalyzer test must be administered properly and carefully to be accurate. Police officers are required to be certified and trained on how to do this. The equipment used must also be properly maintained and calibrated. If there are records that the machine used was not calibrated or that the test wasn’t administered by someone who was certified, then the results of it may be questioned. Also, if this is proven, then the evidence the test provided cannot be used against you. Being convicted of a Texas DWI carries serious penalties. These can impact your life in many different ways. Knowing what mistakes police make can help you build a viable defense for the criminal charges you face. It’s best to explore the legal rights you have with a professional to help you achieve the best possible outcome for your case. ]]>