What is Mortgage Fraud?
Going through the mortgage application process is grueling. Lenders demand extensive documentation and long applications. Mortgage fraud cases generally involve a material misstatement, misrepresentation or omissions on a mortgage application. This normally relates to property or income that is presented to and relied upon by the lender in making a decision whether to provide the loan […]
DWI Traffic Stops
Most DWI’s start with a traffic stop which is why the first thing to evaluate in your case is whether or not it was a lawful stop. Being stopped for a traffic violation is a temporary detention. Temporary detentions are meant to provide the police an opportunity to further investigate whether or not a crime […]
DWI & “Community Supervision” (Probation)
The vast majority of DWI convictions result in probation. Probation is formally called “community supervision.” When probation is granted, a person is first sentence to jail/prison and a possible fine but that sentence is then suspended for a period of time. During that suspended time period, the person is required to follow a list of […]
DWI Offenses & Punishments
DWI Offenses & Punishments including mandatory Driver’s License Suspensions Driving While Intoxicated First Offense Class B Misdemeanor 1. Three days to 180 days in jail and a possible a fine up to $2,000; or 2. Probation for up to 2 years Impact on Driver’s License Loss of driver license up to a year Annual fee of $1,000 or $2,000 for three […]
Refusing the Test: Driver’s License Suspensions
Most people have heard and believe that you should always refuse. If you refuse, your driver’s license is “automatically” suspended. Reese prefers to say it’s subject* to being suspended. After a refusal, the officer can (and probably will) obtain a search warrant to forcible take a blood sample. *Reese says you are subject to a suspension because […]
DWI & Blood Tests
Blood samples are analyzed for alcohol content using a Gas Chromatography. More specifically, it is a Head Space Gas Chromatograph with Flame Ionization Detector. The Good & The Bad The good thing about them is that they can be reliable if the test procedure is followed and the machine is probably maintained. The bad thing about […]
The “Breath Test”: Intoxilyzer 5000
How the breath test machine works The Intoxilyzer 5000 is the breathalyzer machined relied upon in Texas. The machine uses infrared to measure the alcohol in your breath to determine the alcohol contrition in your blood. To do this the machine fires infrared into a chamber that holds the air that someone blows into it. […]
DWI Investigations: “The Scene of the Crime”
Almost All DWI Follow A Simple Pattern: 1. Stop 2. Field Sobriety Test 3. Arrest 4. Blood/Breath Test Request 5. Blood/Breath Test 1. The Stop Bad Stop = Dismissal The first stop in evaluating a DWI is to determine whether or not you were lawfully stopped or detained by the police. If the stop isn’t […]
Driving While Intoxicated 101: What They Have To Prove
Driving While Intoxicated 101 To prove you guilty of DWI, the State has to prove 4 “Elements”: 1. Operating 2. A Motor Vehicle 3. In A Public Place 4. While Intoxicated Elements? The word “element” is used to separate the different things that have to be proven beyond a reasonable doubt before someone can be found guilty of a crime. Since […]
Illegal Searches: When Can The Police Search You?
Begin at the beginning. Almost every drug arrest starts from one of these three things: 1. “Consensual” Encounter 2. Traffic Stop 3. Search Warrant Consensual Encounters A consensual encounter is what the law calls it when you agree to interact with the police. The police can walk up and start talking to […]
