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Edinburg, TX 78539
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Edinburg Law Blog

What are the requirements for breathalyzer tests?

Breathalyzer tests must be in proper working order and properly maintained at the time of use to provide accurate and reliable test results. If a breathalyzer test is not properly maintained or calibrated, it may be possible to challenge the results of a breathalyzer test on that basis which is why it is helpful for drivers accused of drunk driving to be familiar with the requirements for a breathalyzer test.

The requirements associated with breathalyzer tests can vary by state so it is important for accused drivers to be familiar with breathalyzer test requirements in their state. To begin with, some general requirements associated with breathalyzer tests include that it must conform to a list of acceptable breathalyzer test devices. Breathalyzer tests must also be regularly checked for accuracy at regular and set intervals.

Valuable search and seizure protections for accused individuals

Legal protections against unreasonable searches and seizures is one of the important rights accused individuals have and should be familiar with. If an accused individual's search and seizure protections are violated during and arrest, traffic stop or search of their home, it may form the basis of the accused individual's criminal defense and allow for the charges the accused individual is facing to be thrown out.

Each case is unique but all accused individuals have important search and seizure protections to be aware of. Seizure refers to the seizure of the person which can include a seizure of the accused individual through a stop or arrest. Searches can refer to a search of the person, house, apartment, hotel room, place of business, clothing, purse, luggage or vehicle. When an accused individual has a reasonable expectation of privacy, search protections may apply.

The different types of car accident damages that can help victims

Being the victim of an unexpected car accident can throw a variety of unexpected challenges in the path of car accident victims. Fortunately, car accident victims do not have to face the harm they have suffered alone because personal injury legal resources are available to help them recover compensation for their physical, financial and emotional damages.

Car accident damages are specific to the nature of the injuries suffered and the unique situation of the victim but there are some general categories of car accident damages it helps victims to be familiar with. Immediately, car accident victims are likely to become familiar with medical expenses and costs as they seek the medical care and treatment they need for their injuries. A personal injury claim for damages can help them as their medical bills pile up around them. Compensation for future medical care expenses may also be available.

Legal protections following a fatal car accident

In some circumstances, what may seem like an unfortunate everyday occurrence, a Texas car accident, can result in the loss of a loved one. It is important for surviving family members of victims of fatal car accidents to be familiar with the legal resources and protections available to them when they have suffered the wrongful loss of a loved one in a car accident.

A wrongful death claim for damages is a type of claim that is brought on by the estate of the loved one killed in the car accident for the benefit of surviving family members. In the wake of a fatal car accident, surviving family members may unexpectedly find themselves facing emotional and financial challenges they never dreamed they would have to face. All at once, their lives can change in an instant and a wrongful death claim for damages may be able to help them with their financial and emotional damages.

What is a misdemeanor charge?

There are different types and categories of criminal charges accused individuals can end up facing. Any type of criminal charge can result in an arrest record, criminal history and significant penalties and consequences, including potential incarceration and fines, for accused individuals which is why they should always understand their criminal defense options and rights. It is important to understand the implication of a misdemeanor charge.

There are generally two broad categories of criminal charges including misdemeanors and felony charges. Misdemeanors are serious criminal charges but are typically punished by a year or less in jail, fines and potential community service or other penalties and consequences. By contrast, felony charges are considered more serious criminal charges that are punishable by a year or longer in prison and significant fines and other potential penalties and consequences.

What are battery charges?

The different types of criminal charges can sometimes be difficult to understand so it helps to understand what some of them are.

Battery is a type of criminal charge an accused individual may find themselves facing which refers to the intentional touching of another in a harmful or offensive manner without their consent.

How accused drivers can challenge field sobriety tests

One of the primary components of a drunk driving charge may be field sobriety tests. As a result, it is helpful for accused individuals to be familiar with how to defend themselves against a DWI charge and how to challenge field sobriety tests.

The reality is that field sobriety tests can be flawed which means they can produce unreliable and inaccurate results. There are generally three types of field sobriety tests including horizontal gaze nystagmus test, the walk and turn test and the one-leg stand test. Some studies show that even when these tests are properly performed, they are only 81% to 91% reliable at correctly determining intoxication.

An arrest could spell trouble for people who aren't citizens

Securing legal citizenship in the United States is far from simple. People often incur massive costs and wait many years to secure the legal right to live and work in the United States. Here in Texas, quite a few immigrants cross the border hoping for a better future, only to discover that securing or maintaining a visa is more difficult than they anticipated.

Many different problems can affect somebody's legal status in the United States. Any interaction with law enforcement could cause immigration headaches for those who currently have a visa or those who live in the United States without official documentation.

Knowing personal injury claim timelines is essential for victims

There are important timelines associated with a personal injury claim for damages following a car accident that car accident victims should be familiar with. Time limits on a personal injury claim for damages are referred to as statutes of limitation and if they are missed, the victim may be precluded from bringing a personal injury claim for damages.

Statutes of limitation are determined by state law and can vary based on the state and the type of claim being brought. Because of this, it is important for injured victims to know what the statute of limitations is where they want to bring their claim for damages. Statutes of limitation can range from one year to bring a claim for damages to 6 years to bring a claim for damages. Claims for damages are an important legal tool to help victims with their physical, financial and emotional damages associated with a car accident.

What are the ways to challenge a Breathalyzer test?

Drunk driving charges can be based on a Breathalyzer test that places the driver over the legal limit to drive.

Because a Breathalyzer test can play such a significant role in a drunk driving charges, accused individuals should know how to challenge a Breathalyzer test when needed.

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4842 S. Jackson Road
Edinburg, TX 78539

Phone: 956-467-5766
Fax: 956-687-7708
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