Apr 21
0
Gavel and cash stack symbolizing personal injury compensation with text asking how much a personal injury case is worth in Texas

How much is my personal injury case worth in Texas?

By | Personal Injury
Gavel and cash stack symbolizing personal injury compensation with text asking how much a personal injury case is worth in Texas

Wondering how much your personal injury case is worth in Texas? Learn what factors impact your settlement or verdict.

If you’ve been injured in an accident in Texas, one of the first questions you may have is: “How much is my case worth?” The truth is, there isn’t a one-size-fits-all answer. Every personal injury case is unique, and the value of a claim can depend on a variety of factors—from the nature of the injuries to the extent of negligence. In this blog post, we’ll break down the essential elements that affect the value of a personal injury case in Texas, helping you get a clearer picture of what to expect.

The Basics: Types of Recoverable Damages

When you pursue a personal injury case in Texas, you’re generally seeking compensatory damages—the financial award meant to cover the losses caused by your injury. These damages fall into two main categories:

Economic Damages

    • Medical Expenses: This includes hospital bills, medication costs, physical therapy, and future medical expenses related to the injury.
    • Lost Wages: If you have to take time off work, you can seek compensation for lost income. If your injury affects your long-term earning capacity, you may also be entitled to future lost wages.
    • Property Damage: If your personal property (like a vehicle in a car accident) was damaged, the cost of repairs or replacement can be included.

Non-Economic Damages

    • Pain and Suffering: In Texas, you can recover damages for physical pain, mental anguish, emotional distress, and related issues.
    • Loss of Consortium: Spouses and sometimes family members may be able to recover damages if the injury has affected the relationship.
    • Loss of Enjoyment of Life: If your quality of life or your ability to engage in hobbies and activities you once enjoyed has been diminished, these losses can sometimes be compensated.

In rare cases, you might also be eligible for punitive damages if the defendant’s actions were especially reckless or malicious. However, punitive damages are subject to specific legal standards and caps in Texas.

Factors That Influence the Value of Your Case

Calculating the value of your case involves weighing several important factors:

Extent of Injuries – The severity of your injuries plays a major role. For example, minor cuts and bruises generally lead to lower-value claims than permanent disabilities or severe injuries requiring ongoing medical treatment.

Clear Liability or Fault – If there’s little doubt that the other party was at fault—say, in a car accident where the other driver was clearly negligent—your chance of receiving a higher settlement increases. Texas follows a modified comparative fault rule, meaning your compensation might be reduced if you bear some responsibility for the accident. If you’re found 50% or more at fault, you may be barred from recovering damages altogether.

Evidence and Documentation – Solid evidence—such as medical records, photographs, witness statements, and expert testimonies—strengthens your case. The more proof you have, the more likely you can negotiate for a favorable settlement or succeed at trial.

Insurance Policy Limits – Often, the at-fault party’s insurance coverage will dictate how much you can realistically recover. Even if your damages exceed the policy limits, an insurance company typically won’t pay more than the covered amount unless there are special circumstances.

Negotiation vs. Trial – Most personal injury claims settle out of court, but if negotiations fail, your lawyer might advise you to file a lawsuit. Trials can be lengthy and expensive, but they can also lead to a higher award if a jury finds in your favor—though this is not guaranteed and comes with additional risk.

Texas Damage Caps – Texas imposes certain statutory caps on damages in specific types of cases, especially medical malpractice claims. In other personal injury cases (like car accidents or slip-and-falls), there typically isn’t a strict cap on compensatory damages. However, punitive damages (if awarded) are capped in Texas. The cap is generally set at:

  • $200,000, or
  • Twice the amount of economic damages plus an equal amount of non-economic damages (up to $750,000).

This means the maximum possible in punitive damages is the greater of these amounts, though every case is fact-specific and these limits can be complex. Consulting an attorney for clarity is important if punitive damages might apply to your situation.

The Role of a Personal Injury Attorney

Why hire a lawyer? Here are a few reasons:

  • Case Assessment: A personal injury attorney will evaluate the facts of your case, gather evidence, and assess potential damages.
  • Dealing with Insurance Companies: Insurance adjusters often try to settle for the lowest possible amount. An attorney can handle negotiations and prevent you from accepting an unfair offer.
  • Litigation Experience: If negotiations fail, an experienced trial attorney can file a lawsuit and advocate for your best interests in court.

While you can handle a claim on your own in some cases—especially minor ones—a skilled lawyer can help you avoid pitfalls that might reduce your compensation.

Common Myths About Personal Injury Cases

Myth #1: All personal injury claims result in huge settlements.
Reality: Many personal injury claims result in more modest amounts that simply cover medical bills and lost wages. Significant settlements or verdicts often involve catastrophic injuries or gross negligence.

Myth #2: Hiring an attorney means you’re definitely going to trial.
Reality: Most personal injury cases settle out of court. A strong claim can encourage the other side to offer a fair settlement.

Myth #3: You can predict a settlement amount by looking at other cases.
Reality: Even cases with similar injuries vary greatly depending on factors like liability, damages, and unique circumstances.

Getting the Best Possible Outcome

To maximize your compensation in a Texas personal injury case, consider these steps:

  1. Seek Medical Attention Immediately: Prompt treatment not only helps you recover but also documents the extent of your injuries.
  2. Document Everything: Keep a file of all medical records, bills, photos of your injuries/property damage, and correspondence with insurance companies.
  3. Avoid Talking Too Much: Be cautious about giving recorded statements or signing any documents without consulting an attorney.
  4. Stay Off Social Media: Comments, photos, or “check-ins” can be used to dispute the severity of your injuries.
  5. Consult an Experienced Attorney: A reputable Texas personal injury lawyer can guide you through the process and help protect your rights.

Final Thoughts

Determining the value of a personal injury case in Texas is a nuanced process that depends on numerous factors, including the severity of your injuries, liability, and the available insurance coverage. While there’s no foolproof formula to calculate your exact settlement or verdict, understanding the types of damages, legal framework, and the role of strong evidence can give you a good starting point.

If you’d like to discuss your potential claim or learn more about how Texas law may apply to your unique situation, HLAW would love to help.  Don’t hesitate to reach out to our office for a free case evaluation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and regulations change over time, and your specific situation may require tailored guidance. If you have questions about your case, it’s always best to consult with an experienced Texas personal injury attorney.

Apr 14
0
Gavel on a desk in front of cannabis jars with text reading “What is Possession in Texas?”

Understanding Possession in Texas Criminal Law

By | Drug Crimes
Gavel on a desk in front of cannabis jars with text reading “What is Possession in Texas?”

Understanding how Texas defines “possession” in criminal law cases.

In Texas, the concept of “possession” can sometimes be a little tricky when we think about it in terms of the law as opposed to what we all commonly define as “possession”. Whether it’s related to controlled substances, firearms, or stolen property, possession is a key element in many criminal offenses. But what does possession actually mean in the eyes of Texas law? This post will break down the definition, legal standards, and consequences of possession in the Lone Star State.

Definition of Possession in Texas Law

Under Texas Penal Code §1.07(a)(39), possession is defined as having “actual care, custody, control, or management.” This broad definition means that possession isn’t limited to physical ownership. Instead, it can include situations where a person has any access to or control over an object, even if they don’t physically hold it at the moment.

Possession can be categorized into two types:

  1. Actual Possession: This occurs when the individual has physical custody of the item. For instance, if someone is holding a bag containing illegal drugs, they are in actual possession.
  2. Constructive Possession: This arises when an individual does not have physical custody but still has control or the right or ability to excersise control the item. For example, if illegal drugs are found in the glove compartment of a car that a person owns and operates, they may be deemed to have constructive possession. Even if they don’t own or are operating the vehicle, police officer’s may deem a passenger in the vehicle as having the ability to exercise care, custody, control or management of the illegal item.

Establishing Possession in a Criminal Case

To prove possession in a criminal case, the prosecution must demonstrate two key elements:

  1. Knowledge: The accused must have known about the presence of the item, and;
  2. Control: The accused must have exercised, or had the ability to exercise, control over the item.

Merely being near an illegal item is not enough to establish possession. For example, if drugs are found in a house shared by multiple roommates, the prosecution must show evidence linking the accused to the drugs specifically—such as fingerprints, ownership of the container, or incriminating statements.

Joint Possession

Texas law also recognizes the concept of joint possession. This means that more than one person can be found to have possession of the same item. For example, if two people are in a vehicle and illegal contraband is found in a location accessible to both, they could both potentially be charged with possession.

Consequences of Possession Charges

Possession charges can carry serious consequences in Texas, varying based on the type and quantity of the item in question. For instance:

  • Drug Possession: Penalties depend on the type of drug and the amount, with punishments ranging from misdemeanors to first-degree felonies.
  • Firearm Possession: Certain individuals, such as convicted felons, are prohibited from possessing firearms, and violating this prohibition can result in severe penalties.
  • Stolen Property: Possession of stolen property can lead to theft charges, with penalties depending on the value of the property.

Defenses to Possession Charges

There are several potential defenses to possession charges in Texas, including:

  • Lack of Knowledge: Demonstrating that the accused was unaware of the item’s presence.
  • Lack of Control: Arguing that the accused did not have the ability to exercise control over the item.
  • Mistaken Identity: Showing that the item belonged to someone else and the accused had no connection to it.
  • Violation of Constitutional Rights: If law enforcement obtained evidence through an illegal search or seizure, that evidence may be suppressed.

Conclusion

“Possession” is a nuanced legal concept in Texas, encompassing both actual and constructive control over items. Understanding the intricacies of possession is crucial for anyone facing criminal charges. What you think may or may not be possession may be different than what the law defines it as. If you or someone you know is dealing with a possession-related charge, consulting an experienced criminal defense attorney is essential to ensure your rights are protected and to navigate the complexities of the legal system effectively.

Mar 10
0
Car accident scene with emergency responders - What qualifies as a personal injury in Texas? Learn about personal injury claims, legal rights, and compensation laws.

What Qualifies as a Personal Injury in Texas? A Quick Guide to Claims & Compensation

By | Personal Injury

When accidents or injuries happen, understanding whether your situation qualifies as a personal injury case is crucial. A Texas Personal Injury Case arises when someone is harmed due to another party’s negligence, intentional actions, or strict liability. In this blog post, we’ll break down what qualifies as a personal injury case and provide examples to help you determine your next steps.

Car accident scene with emergency responders - What qualifies as a personal injury in Texas? Learn about personal injury claims, legal rights, and compensation laws.

What qualifies as a personal injury in Texas?

The Basics of Texas Personal Injury Cases

A personal injury case typically involves:

  1. Duty of Care: The responsible party owed a legal duty to act in a way that avoids causing harm to others.
  2. Breach of Duty: The responsible party failed to meet that duty, either through negligence or intentional actions.
  3. Causation: The breach of duty directly caused the injury.
  4. Damages: The injured party suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

Common Types of Personal Injury Cases in Texas

  1. Car Accidents

    One of the most common types of personal injury cases, car accidents occur when a driver acts negligently, such as speeding, texting while driving, or running a red light. Texas law requires drivers to carry liability insurance to cover damages they cause.

  2. Slip and Fall Accidents

    Property owners have a duty to maintain safe premises. If you slip, trip, or fall due to hazards like wet floors, uneven surfaces, or poor lighting, you may have a personal injury case under premises liability law.

  3. Workplace Injuries

    Texas employers must provide a safe working environment. If an injury occurs on the job, workers may be eligible for workers’ compensation or, in some cases, file a lawsuit for damages if the employer’s negligence was involved.

  4. Medical Malpractice

    When healthcare providers fail to meet the standard of care, patients can suffer harm. Examples include surgical errors, misdiagnosis, or medication mistakes. Texas has specific laws governing medical malpractice claims, including damage caps.

  5. Product Liability

    If a defective product causes injury, you may be able to file a lawsuit against the manufacturer, distributor, or retailer. Common cases involve faulty machinery, contaminated food, or unsafe toys

  6. Dog Bites and Animal Attacks

    Texas law holds pet owners responsible if their animal injures someone, especially if the owner knew the animal had aggressive tendencies.

  7. Wrongful Death

    If a loved one dies due to another party’s negligence or wrongful act, surviving family members may file a wrongful death claim to seek compensation for their loss.

Examples of Negligence in Personal Injury Cases

Negligence can take many forms, including:

  • Distracted driving (e.g., texting or eating while driving)
  • Failing to clean up spills or repair hazards on a property
  • Ignoring safety protocols at work
  • Manufacturing a product with design flaws

Proving a Personal Injury Case

To successfully pursue a personal injury case, you’ll need to prove:

  • The other party’s fault: This often requires evidence such as photos, video footage, police reports, or witness statements.
  • Your damages: Medical records, bills, pay stubs, and expert testimony can help establish the financial and emotional impact of your injury.

Damages in Personal Injury Cases

If your case is successful, you may recover:

  • Economic damages: Medical expenses, lost wages, property damage, and future earning capacity.
  • Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
  • Punitive damages: Awarded in rare cases to punish extreme negligence or intentional misconduct.

Do You Have a Case?

If you’re unsure whether your situation qualifies as a personal injury case, we would be happy to visit with you and offer a free consultation. We can evaluate your case, explain your legal options, and help you seek the compensation you deserve.

Conclusion

Personal injury cases in Texas cover a wide range of situations, from car accidents to product liability. The key is proving negligence, causation, and damages. If you believe you’ve been harmed due to someone else’s actions, don’t wait to take action—time limits apply to most personal injury claims. Don’t wait – Texas law limits how long you have to file a personal injury claim! Contact us today for a free consultation and get the justice you deserve.

Learn more about filing a personal injury claim in Texas.

Jan 09
15
Accident on Icy Road

Accidents on Icy Texas Roads: Who is Liable?

By | Car Wreck

Accident on Icy RoadWhen we think of extreme weather in Texas, we generally think of severe thunderstorms, hail, wind, and tornados, but, as we have learned, ice and snow storms can be just as dangerous and deadly. There’s also a human factor when snow and ice hit Texas that increases the likelihood of severe injuries and even death for the untrained, inexperienced, and careless driver.

A Federal Highway Administration report states that on average, icy roads cause 151,944 vehicle accidents, 38,770 crash injuries, and 559 crash fatalities a year. These ice-related accidents produce roughly 11% of all weather-related accidents in the country. This is alarming because it shows how dangerous icy roads can be, but it should also alert you to the possibility of personal injury or property damage if you decide to drive in icy conditions.

Icy Roads in the Texas News

The Basics of Negligent Driving in Texas

In the simplest form, negligence involves:

  • A duty to a person (the duty to be a careful, safe driver);
  • A breach of that duty (driving too fast, etc); and
  • That breach causing damages to another person (property damage, injuries, or death caused by a car accident).

Every driver has a basic duty to other drivers to drive safely and not collide with anyone. This requires them to drive as a reasonably prudent person would drive in the given situation. When they breach that duty, or collide with another person or vehicle, they may be liable for the physical or financial damages they caused. But what if the roads were icy and the driver lost control?

Ice is NO Defense to an Accident! | Liability for Accident and Injuries in Winter Conditions

Drivers are expected to take note of weather and road conditions and adjust their driving accordingly. When the temperatures are near or below freezing and precipitation is present, there is a strong possibility of ice on the roads. Because a driver should know of the chance of icy conditions, they should drive as a reasonably prudent person would drive on icy roads.  Blaming the ice will not work if the driver crashes into another car on the road.

Precautionary Measures for Driving in Icy Weather | Driving in Texas in the Winter

When there may be ice on the roads, you should take precautionary measures when driving:

  • Don’t drive unless you have to;
  • Follow your local news or go to drivetexas.org* to get updates on road conditions;
  • Drive below the speed limit;
  • Do not get distracted from the road; and
  • Avoid hills, bridges, and low spots if you can.

If you are hit by a driver who was driving in icy conditions, even if they lost control, they may be liable for negligently driving. You should contact your attorney with the accident report and any other information from the accident to help work through your options.

For more winter weather driving tips, click here.

*drivetexas.org is run by the Texas Department of Transportation who also posts on social media outlets.

Nov 14
14
Texas statute of limitations for criminal offenses

Statute of Limitations in Texas | How Long Does the State Have to Bring Charges?

By | Criminal Defense

How Long Does the State Have to Bring a Criminal Case Against Me?

Texas statute of limitations for criminal offensesTexas law sets out the statute of limitations, the period during which formal charges must be brought against a defendant for most offenses. These time periods range from two years to over twenty years, and for some offenses there is no limitation period at all. The applicable limitation period depends on the particular offense that is alleged.

The various statutes of limitation mean that the state must present an indictment or information within said time period or prosecution will be time barred. The presentation of an indictment occurs when the grand jury has made its decision and the indictment is received by the court. Tex. Code Crim. Proc. Ann. Art. 12.06. The presentation of an information occurs when it has been properly filed in court. Tex. Code Crim. Proc. Ann. Art. 12.07. The limitations period is tolled while the case is pending after an information is filed or indictment issued. Tolling means that the time will not be counted against the limitations period.

Generally, the time period is measured based on the date the offense was committed. When computing the time period, the day on which the offense was committed and the day on which the charge was presented are excluded. Tex. Code Crim. Proc. Ann. Art. 12.04. Thus, the clock starts running the day after the offense was committed and is paused when the indictment or information is presented. Additionally, any time the defendant was absent from the state is excluded when computing the time period. Tex. Code Crim. Proc. Ann. Art. 12.05(1).

What Are the Time Periods in the Texas Statutes of Limitations?

TEXAS PERIODS OF LIMITATIONS FOR MISDEMEANOR OFFENSES

Texas law provides that for most misdemeanor offenses there is a standard period of limitations of two (2) years. Tex. Code Crim. Proc. Ann. arts. 12.02. The only exception is for Assault Family Violence allegations, for which the limitation period is 3 years. Thus, for any given misdemeanor charge, the State must bring prosecution within two years from the commission of the crime (or 3 years if the allegation is one of family violence).

TEXAS PERIODS OF LIMITATIONS FOR FELONY OFFENSES

There are several periods of limitations provided for the various felony offenses, as well as a catch all time period of three years for all other felonies not specifically provided for. Tex. Code Crim. Proc. Ann. art. 12.01(7). See the chart below for the time period provided for certain major felony offenses.

PERIOD OF LIMITATIONS FELONY OFFENSE
(A) Five Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(4).
  • Theft or Robbery,
  • Kidnapping or Burglary (except as provided in (E)),
  • Injury to Elderly or Disabled (unless 1st Degree),
  • Abandoning or Endangering Child, and
  • Insurance Fraud
(B) Seven Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(3).
  • Money Laundering
  • Credit Card or Debit Card Abuse
  • Medicaid Fraud
  • False statement to obtain property or credit; and
  • Fraudulent Use or Possession of Identifying Information
(C) Ten Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(2).
  • Theft of any estate by an executor, administrator, guardian, or trustee
  • Theft by a public servant of government property
  • Forgery or uttering, using, or passing of a forged instrument
  • Sexual assault (except as provided in (F)),
  • Injury to an elderly individual or disabled individual (if punishable as a first degree felony), and
  • Arson
(D) Ten Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(6).
  • Injury to a Child
(E) Twenty Years from the Victim’s 18th Birthday

 

See Tex. Code Crim. Proc. Ann. art. 12.01(5).
  • Sexual Performance by a Child younger than 17
  • Aggravated Kidnapping with intent to sexually abuse a victim younger than 17, and
  • Burglary of a Habitation with the intent to sexually abuse a victim younger than 17
(F) No Time Limitation

 

See Tex. Code Crim. Proc. Ann. art. 12.01(1).
  • Murder or Manslaughter
  • Leaving the Scene of an Accident which Resulted in Death
  • Indecency with a Child
  • Sexual Assault or Aggravated Sexual Assault of a Child
  • Continuous Sexual Abuse of a Child
  • Sexual Assault if DNA testing indicated that the perpetrator’s identity could not be readily determined
  • Sexual Assault if there is probable cause to believe that the defendant has committed the same or similar offense against 5 or more victims
(G) Three Years

 

See Tex. Code Crim. Proc. Ann. art. 12.01(7).
  • All other Felonies.
  • Misdemeanor Assault Family Violence.

Periods of Limitations for Aggravated Offenses, Attempt, Conspiracy, and Solicitation

The limitation period for criminal attempt is the same as provided for the offense attempted. Tex. Code Crim. Proc. Ann. art. §12.03(a). Additionally, the limitation period for criminal conspiracy or organized crime is that of the most serious offense that is the subject of the conspiracy or organized crime. §12.03(b) Further, the limitation period provided for criminal solicitation is the same as the period of the felony solicited. §12.03(c). Finally, an aggravated offense has the same period of limitation as provided for the primary crime. §12.03(d)

In conclusion, these limitations are set out to protect defendants from having to face charges where evidence is stale and witnesses are unavailable due to the long period of time the State has waited to bring prosecution. The Texas Code of Criminal Procedure is very specific in how it has laid out the periods of limitations so that there will be no question as to the time period for a particular offense and how that time period should be computed.

*Note: The above provided chart is not all-inclusive but instead focuses on only some of the major felony offenses. An exhaustive list can be found in Section 12.01 of the Texas Code of Criminal Procedure.

Nov 12
0
Best Fort Worth DWI Attorney

Do’s and Don’ts When You’re Pulled Over for a DWI

By | DWI

Finding those blue and red lights in your rearview mirror is never ideal. If it’s a DWI stop, it can feel like your heart is racing twice as fast. But while the nerves are understandable, the key here is knowing what to do—and maybe more importantly, what not to do. Let’s dive into a few tips that might make a difference if you find yourself in this situation.

Stay Calm and Collected if Stopped for DWI

Do: Breathe. Take a moment, gather your thoughts, and remember that keeping calm can really help. When the officer approaches, be respectful and polite. A calm demeanor doesn’t mean you’re admitting guilt; it simply shows maturity and may influence how the officer views you. Even if your pulse is racing, a little “fake it till you make it” can go a long way.

Don’t: React emotionally or aggressively. Panicking or being rude won’t help. It could even escalate the situation. The officer is there to do their job, and unfortunately, this may involve some tough questioning. But stay focused—cool and collected is the goal.

Comply with Basic Requests, But Know Your Rights

Do: Hand over your license, insurance, and registration when asked. This is standard procedure, and providing these essentials without fuss can keep things running smoothly.

Don’t: Overshare. Remember, officers will often ask questions about where you’ve been or how much you’ve had to drink. It may seem like casual conversation, but it’s often their way of gathering information. Instead of diving into a full recap of your evening, keep it simple and to the point. You don’t have to answer beyond basic questions, so politely decline to offer additional details if you feel uncomfortable.

Field Sobriety Tests – The Art of the Polite Refusal

Do: Know your right to say “no.” Field sobriety tests, like the “walk and turn” or the “one-leg stand,” are voluntary in Texas (unless you’re on probation). Politely refusing can be a smart move, as these tests are designed in a way that even sober people can struggle with them—stress, nerves, and uneven ground can all affect the results.

Don’t: Feel pressured to go along just because the officer doesn’t explicitly ask if you’re willing to participate. Officers might assume you’ll comply and jump straight into the tests. So, if you’d rather not do them, a simple, “I prefer not to take these tests” can be your best option. Remember, you’re not obligated to help build the state’s case against you.

Breath and Blood Tests – Understanding the Consequences

Do: Know what’s at stake. Breath and blood tests fall into a slightly different category. In Texas, refusing a breath or blood test can have immediate consequences, like a license suspension, but it’s still within your rights unless an officer presents a warrant.

Don’t: Refuse if a valid warrant is presented. If an officer has obtained a warrant for a blood test, you’re legally required to comply. Failing to do so could lead to additional legal trouble, which might make a bad situation worse. Think carefully, and when in doubt, ask for clarity.

Remain Silent Beyond Basic Information

Do: Use your right to remain silent wisely. Beyond providing identification, you’re not obligated to answer detailed questions. Many people feel the need to explain themselves in these situations, but even seemingly innocent statements could later be used as evidence.

Don’t: Spill the details of your evening. This isn’t the time for full transparency about how much you had to drink or why you may look tired. Politely telling the officer, “I’m not comfortable answering that” is within your rights and can help prevent anything being taken out of context later.

Plan Ahead – Use Alternative Transportation

Do: Make a game plan in advance. Look, no one wants to be in a situation where they’re stopped for DWI. Using rideshare options like Uber or Lyft can save a lot of trouble and maybe even a lot of money. If there’s even a slight chance that you’re over the limit, it’s best to leave the car keys behind.

Don’t: Wait until it’s too late. Last-minute decision-making is stressful, and being proactive is way easier than facing DWI charges. Think of it as a minor investment in your peace of mind—and definitely cheaper than the potential costs of a DWI.

Wrap-Up: Staying Smart and Safe on the Road

Getting pulled over is never a pleasant experience, especially when a DWI is involved. The best steps are often the simplest: stay calm, comply with basic requests, know your rights, and remember the power of a polite refusal. Ultimately, avoiding this situation by planning ahead—calling that Uber—is the smartest move you can make. But if it ever does happen, hopefully, these do’s and don’ts will guide you through with confidence.

Here’s to making smart choices and staying safe on the road.

Aug 21
0
Scholarship Winners BHW 2024

2024 Scholarship Winners

By | Scholarship

Barnett Howard & Williams PLLC Announces the Recipients of the 2024 Scholarship Awards

Scholarship Winners BHW 2024BHW is thrilled to continue our two scholarships for 2024. In honor of the sacrifices of our military veterans, our scholarships are connected to military service. The first scholarship is a $500 award for a Military Veteran Law Student and the second scholarship is a $500 award for a Military Dependent undergraduate student. Throughout the year, we received many applications from very deserving students. We appreciate all of the students that took the time to apply for the scholarships and wish them all the best in their studies. For those students that were not selected, we invite you to apply again next year as we plan to continue the scholarship offers as an annual award.

2024 Winner – Military Veteran Law Student Scholarship

The winner of the 2024 Military Veteran Law Student Scholarship is:

DERRICK BRANTLEY

Derrick Brantley is a U.S. Army infantry veteran that served in both Iraq and Afghanistan. Mr. Brantley currently attends Dwayne O. Andreas School of Law – Barry University in Orlando, Florida. Congratulations Derrick Brantley. Best wishes as you continue toward your law degree.

2024 Winner – Military Dependent Scholarship

The winner of the 2024 Military Dependent Undergraduate Scholarship is:

SA’NYA POLO

Sa’Nya Polo is a US Army dependent whose parents both served in the US Army and continue to serve as government employees assisting veterans. Ms. Polo currently attends UCLA and is pursuing a degree in film. Congratulations Sa’Nya Polo. Best wishes as you continue in your studies.

More Information About Our Scholarship Opportunities:

For more information about how to apply for these scholarships in future years, please visit the scholarship pages:

Military Veteran Law Student Scholarship

Military Dependent Scholarship

Mar 05
3

Texas Child Custody: Standard Possession and Visitation in Texas

By | Child Custody

Which Parent Gets Custody? The Standard Possession Order for Child Custody in Texas

When parents in Texas divorce or separate, one of the most important issues they face is child custody. Texas law recognizes two types of custody: physical custody, which refers to where the child lives, and legal custody, which refers to the right to make decisions about the child’s upbringing. In cases where parents cannot agree on custody arrangements, the court may order a standard possession order.

A standard possession order is a court-ordered schedule that determines when each parent will have physical custody of the child. The order is designed to provide regular and predictable time for both parents to spend with the child. In Texas, the standard possession order is governed by the Texas Family Code, and it provides a default schedule that can be modified by agreement of the parties or by the court if certain circumstances exist.

Under the standard possession order, for parents residing within 50 miles of each other, the non-custodial parent (referred to as the “possessory conservator” in Texas) has the right to possession of the child on the first, third, and fifth weekends of each month, starting at the time school is dismissed on Friday and ending at the time school resumes on Monday. In addition, the possessory conservator has the right to possession on mid-week during the school year from the time school is dismissed on Thursday until the time school resumes on Friday morning.

The standard possession order, for parents residing within 50 miles of each other, also provides for the possessory conservator to have the child for 30 days in the summer, which can be broken up into two periods of at least seven days each. The order also provides for the possessory conservator to have the child on alternating holidays, such as Thanksgiving, Christmas, and spring break. The exact dates and times for each holiday are specified in the order.

Printable Standard Possession Order for 2024. CLICK HERE

Texas Standard Possession Order 2024 Child Custody

Does the SPO Apply if the Parents Live Too Far Away?

In cases where the parent lives more than 50 miles but less 100 miles apart, the non-custodial parent (referred to as the “possessory conservator” in Texas) has the right to possession of the child on the first, third, and fifth weekends of each month, starting at 6:00 pm on Friday and ending at 6:00 pm on Sunday. In addition, the possessory conservator has the right to possession on Thursdays during the school year from 6:00 pm to 8:00 pm.

In cases where the parents live more than 100 miles apart, the standard possession order provides for additional periods of possession to ensure that the non-custodial parent has meaningful time with the child. For example, the non-custodial parent may have the right to possession on one weekend per month instead of the first, third, and fifth weekends. You
should consult with your family law attorney to determine whether this distance consideration impacts your situation.

Can the Standard Possession Order be Modified?

It’s worth noting that the standard possession order is just that – a default schedule that can be modified by agreement of the parties or by the court. Parents who are able to work together to create a schedule that works for their family may be able to deviate from the standard possession order. However, if the parties cannot agree, the court will likely order the standard possession order.

Overall, the standard possession order provides a predictable schedule for both parents to spend time with the child. While it may not work for every family, it is a useful starting point for parents who are unable to agree on a custody schedule.

An Experienced Divorce and Child Custody Lawyer Can Help Determine When Each Parent Has Possession of Their Child

Most of the time, it is best to contact an experienced family law attorney to help explain and establish each of these possession schedules, including any customizations or unique provisions the court finds to be in the best interest of your child. You are often not limited to the standard and expanded standard schedule above–but you may need an experienced attorney to fight for you to have more time with your child. Let our experienced family law attorneys assist you in discussing this schedule with the other parent and the court. Contact BHW Family Law at (817) 993-9249 for a free consultation of your family law matter.

Jan 16
26
Refuse Field Sobriety Test Texas

May I Legally Refuse Field Sobriety Tests if Stopped for DWI?

By | DWI

We get this question all the time. People want to know if they can refuse the field sobriety tests when the police ask them to participate

Yes! You may legally refuse field sobriety tests in Texas (unless you are already on probation and it is a condition of your probation that you cannot refuse). This article explains why you should consider refusing the SFSTs.

Standardized Field Sobriety Tests Can Be the Best Evidence for the State in a DWI Trial

Field Sobriety Test Fort WorthWhen a driver is stopped in Texas and the officer suspects that the driver may be intoxicated, the officer will typically run through a standard DWI roadside investigation. This investigation begins by simply observing the driver (bloodshot eyes, odor of alcohol, slurred speech) and asking some questions:

  • “Where are you coming from this evening?”
  • “Have you had anything to drink tonight?”
  • “How many is a couple?”

If the officer sees enough to warrant a further investigation, they will ask the driver to step out of the car.

“Let’s Make Sure that You’re Okay to Drive Tonight.”

Once the driver steps out of the car, the officer’s body worn camera and dash camera are recording so that the footage can capture the interaction (to be used later at trial if needed). The officer will then explain that they are going to do some tests just to “make sure that you’re okay to drive.” Note: The officer WILL NOT NORMALLY ask permission to conduct the
standardized field sobriety tasks.  He will jump right in and hope that you just go along with it.

There are 3 standard tests that are explained in more detail on our DWI page.

The Standardized Field Sobriety Tests are Not Designed for You to Pass

The 3 standard tests are (1) the HGN test (Horizontal Gaze Nystagmus), which is the “eye test,” (2) the Walk and Turn test (also known as the Walk the Line test), and (3) the One Leg Stand test. I don’t have enough time to go into the many problems with the tests, but to list a few:

  • The Eye Test (HGN) – this test requires the officer to be precise with his stimulus device in the field and they often make mistakes in distance and degree. Further, even with updated body worn camera technology, the video rarely shows what the officer claims to observe in the eyes. So we are usually left with officer testimony alone (and juries generally do not trust the “eye test”);
  • The Walk and Turn test – this test is difficult (even for completely sober people – try it yourself sometime) because it requires the person to take challenging heel to toe steps on an imaginary line in all conditions and officers never take into account the person’s stress level, the weather/wind conditions, footwear, fatigue from a long day, etc.; and
  • The One Leg Stand – this test is also difficult. It requires you to balance on one foot for 30 FULL seconds. TAKE NOTE – if the person puts their foot down at 27 seconds it is a strike against them and the officer will use this as evidence that they are indeed intoxicated.

Throughout the years, the tests have been debunked and challenged by experts as unreliable, but the courts are still allowing them as proof of intoxication (they are claimed to be used as evidence of the loss of mental or physical faculties).  In short, these tests exist for the officer to build a case against you in court and we feel ultimately set you up to fail. So what benefit is there for a driver who is suspected of DWI to take the tests if they don’t have to?

You DO NOT Have to Submit to Standardized Field Sobriety Tests in Texas

Even though the officer might act as if you must take the tests, you don’t. If he asks you to exit the vehicle then you must get out of the car. But as soon as he tries to start the HGN (eye test) on you, you can (and probably should) politely refuse to take the test. Take note of what I said…Politely Refuse. Do not be a jerk about it and go into a diatribe about how you read this blog and you know these tests are no good and that you refuse to do them. Remember this is all being captured on audio and video; audio and video that will be exhibit #1 at a trial if it goes that far. Simply inform the officer that you do not wish to participate in the standardized field sobriety tests.

Can I Still be Arrested if I Refuse to Perform the Field Sobriety Tests?

Yes you can (and probably will) be arrested if you refuse to perform the SFSTs. If the officer already felt like he had enough evidence to administer the tests, then he will probably go ahead and arrest you for DWI if you refuse to take them. But hey, you were probably going to get arrested anyway. Now, however, there will be less evidence against you.  You have an absolute right not to give evidence against yourself.  This constitutional right applies equally in the DWI context.

Should I Take the Tests if I Haven’t Had that Much to Drink?

You are an adult, and only you know your own level of coordination, so it is really up to you. But our advice (from over 16 years of handling DWI cases) is NO. You should not perform the standardized field sobriety tests. Your DWI case becomes tougher to defend if you look intoxicated on the video. Even if you haven’t had that much to drink, there are many reasons why you might appear intoxicated on the video. For instance, perhaps:

  • You are extremely nervous and have a high stress level from being pulled out of your car in the middle of the night by a police officer;
  • Your footwear is not ideal for walking and turning (high heels, flip flops, etc);
  • The wind is blowing hard;
  • It is cold outside and you are shivering;
  • You have an old injury that causes you to limp or not walk “normally”; or
  • You have bad balance (even on a good day).

Lastly, these tests are extremely technical. The instructions are long and tedious and can be very confusing for someone who has never attempted these tests before. Officers also like to compound this issue by providing you the instructions very aggressively and rapidly. The officer often sounds like the disclaimer at the end of a pharmaceutical commercial when they are reading you the instructions for the tests. Your failure to comply perfectly with these instructions can be used against you in court.

Next Time, Please Take an Uber

We hope you will listen to our advice regarding DWI field sobriety tests. Better yet, we hope that you’ll just pay the $40 for an Uber or taxi from the bar or restaurant and avoid this altogether. But if you didn’t take our advice and you didn’t call and Uber, call us and we’ll be happy to be your advocates.

*This article did not discuss whether you may legally refuse a Breath Test or a Blood Test. We’ve written on that many times and the answer is YES. You may refuse breath and blood tests UNLESS the officer has a warrant for your blood. If they have a warrant, you may not refuse.

Dec 24
8
Christmastime Arrests Texas

Top 5 Reasons for Arrests During the Christmas Holiday Season

By | Criminal Defense

Christmastime Arrests TexasWhen you think about the Christmas season, you probably think about family time, presents, good food, and celebration. We think about those things too, but as criminal defense attorneys, we also think about the reasons that some of our clients get arrested during the holiday season. For this article, we took a look at the last 8 years of holiday season arrests (for clients that we represented) and compiled an (anecdotal) list of the top 5 reasons that folks get arrested during the Christmas/New Year’s season. Our goal is that this list will serve as a warning, so that your holiday season can be filled with the good stuff, rather than jail, bail, and calls to our office. Here goes:

5. Shoplifting

Many retailers slash their prices and offer steep discounts in the weeks leading up to Christmas and even bigger discounts after Christmas, but we have yet to see any retailer offer the “five finger discount” for their merchandise. Regardless, we see plenty of shoplifting cases during the Christmas season, making it our #5 reasons that people get arrested during Christmas. Depending on the regular price value of the item (not the discounted price), shoplifting theft charges can range from misdemeanors to felonies. Learn more about Theft law in Texas here.

4. Package Theft

In a similar vein to shoplifting, our #4 reason for holiday arrests is package theft. Many shoppers choose the convenience of online shopping and have their Christmas purchases delivered right to their front door. Some people see this as an easy target, following behind UPS or FedEx trucks to steal those would-be Christmas gifts from the front porch. However, with the increase in doorbell cameras, it is getting easier to catch the porch pirates in the act. Further, some law enforcement agencies have begun using dummy packages to bait thieves into getting caught. Package theft can range from a misdemeanor to a felony depending on what unknown treasure lay inside the brown box.

3. Air Travleing Trouble (Guns, Drugs, and Intoxication)

Going to visit grandma can require air travel for many families. This means that thousands more people than usual flood through DFW Airport between Thanksgiving and New Year’s. It matters not from where these travelers hail. From Maryland to Oregon to France, if a person is arrested at DFW Airport, their case will be filed in Tarrant County, Texas and they will have to travel back to DFW to attend court. During the holidays, we see a surge in airport arrests when people bring items into the airport that are not allowed or when folks over indulge during a layover. Specifically, we see the following airport arrests:

Even if the state from which a traveler is coming has legalized marijuana and the state to which they are traveling has legalized marijuana, if they are caught possessing marijuana in the airport, they will be arrested and charged. The combination of airport gun arrests, airport drug arrests, and airport public intox arrests make these types of cases our #3 reason for holiday arrests.

2. Assault Family Violence

In the movie Christmas Vacation, Clark Griswold showed an enormous amount of restraint when his extended family pushed him to the limit (especially Cousin Eddie), but not everyone is blessed with such a cool head. Christmas time brings added stressors into the family environment that can sometimes lead to verbal or physical altercations between family members, so much so, that these arrests rank at #2 in our book. Depending on the nature of the assault, a domestic violence arrest can be charged as a misdemeanor or a felony. Learn more about Family Violence under Texas law.

1. Driving While Intoxicated

With all of the Christmas and New Year’s parties and the increase in No Refusal Weekends, it is not hard to guess that DWI arrests are #1 on our list. Driving While Intoxicated in Texas can range from a misdemeanor (if it is a first or second offense) to a felony (if there is a child in the car or if the person arrested has been convicted of DWI twice in the past). Our advice is to plan ahead and do not even take your car to a Christmas party when you plan to drink. Catch a ride from a friend or take an Uber or Lyft. That would be a lot cheaper than hiring an attorney and a lot less hassle too. Learn more about Texas DWI law here.

We Hope You Never Need Us, But We’re Here if Your Do.

We wish you a very merry Christmas and a happy New Year. As always, we hope you never need us to represent you or one of your loved ones for a criminal offense. This is even more true during the Christmas season. Hopefully this list will help you avoid trouble that looms during the holiday season. If you do happen to need us, we are only a phone call away at (817) 993-9249.