MARIJUANA LEGALIZATION BRINGS WARNINGS ABOUT IMPAIRED DRIVING

MARIJUANA LEGALIZATION BRINGS WARNINGS ABOUT IMPAIRED DRIVING

According to safety officials from several U.S. transportation agencies, regulators should do more to mitigate the dangers of more permissive drug use in many states throughout the country. While marijuana remains illegal in Texas, officials fear that greater use of pot in places like California and Colorado will increase incidents of impaired driving. The National Transportation Safety Board is advocating that police use devices to test drug impairment.

These NTSB recommendations were sparked by an investigation of a crash in rural Texas that killed 13. The fatal accident was caused by a pickup truck driver who was intoxicated with marijuana and some prescription drugs. Video evidence clearly showed that the driver was swerving onto the shoulder and over the center divider for 15 minutes before the crash. Agents believe there was likely ample opportunity to pull over this truck before the accident happened.

In 2015, 46 percent of drivers who died in car accidents tested positive for drugs. Only 30 percent tested positive in 2006. While a lot of data shows an increased use of drugs while driving, there is yet to be a uniform national study of the issues. Safety officials blame increased use of opiates, marijuana and alcohol.

When a driver is accused of a DWI, they have the right to a lawyer during every phase of the legal process. Evidence is very important in these types of cases, and it’s the responsibility of an attorney to make sure any relevant evidence is obtained legally. Depending on the jurisdiction, prosecutors may seek punishments ranging anywhere from fines and suspended licenses to prison time.

HOW TEXAS PUNISHES DWI OFFENSES

HOW TEXAS PUNISHES DWI OFFENSES

The state of Texas has severe penalties for those the courts convict of driving while intoxicated. These vary depending on a range of factors, including whether or not it is your first offense, as well as the amount of alcohol in your system at the time of arrest.

It is crucial for you to understand the consequences that come with a DWI conviction, as knowing what you stand to lose can help underscore the importance of building a strong and strategic DWI defense.

The first conviction

If the police arrest you and charge you with a DWI, and it is your first DWI offense in Texas, the state may fine you up to $2,000, you could spend at least three but no more than180 days in jail, you could lose your driver license up to one year and you may have to pay an annual fee of between $1,000 and $2,000 for three years in order to retain your license.

Subsequent convictions

For a second offense, you may face maximum penalties of a $4,000 fine, a year in jail and the loss of your driver’s license for two years. The courts may allow you to keep your license if you pay an annual fee of up to $2,000 for three years.

The maximum penalties for a third offense include a $10,000 fine, 10 years in prison and two years without a driver’s license, or a $2,000 annual fee for three years to keep it. After two or more DWI convictions in the span of five years, the state requires you to install an ignition lock that prevents you from starting your car if you have had too much to drink.

If the police arrest you, you must follow the steps in the Texas courts criminal process, such as attending court hearings on your case. With a strong defense, you may be able to avoid the maximum penalties, or even have your case dismissed.

AN OVERVIEW OF DWI LAW IN TEXAS

AN OVERVIEW OF DWI LAW IN TEXAS

Texas motorists who are under the influence of drugs or alcohol could be charged with DWI. There may also be a penalty for those who fail to submit to a breath test when asked by authorities to take one. The type of penalties a person may face for a DWI conviction depend on a person’s prior record and circumstances specific to the case. For instance, a charge may be more serious if a child is in the car with an impaired driver.

In such a scenario, an individual could spend up to two years in state prison. The prison time would be in addition to a 180-day license suspension and a $10,000 fine. Enhanced penalties may also apply if a driver has a blood alcohol content of .15 percent or higher. Drivers under the age of 21 may be charged with a DWI if they have a BAC of .02 or higher.

An individual who is convicted of a first-offense DWI could spend up to 180 days in jail. That person would also have to pay up to $2,000 for three years to keep their license. This would occur after his or her license suspension is up, and that could be up to a year after being convicted. Drug and alcohol treatment may also be part of a sentence for an offender.

Anyone who has been charged with a DWI may benefit from having legal assistance. An attorney may be able to help a driver avoid significant penalties such as incarceration or a fine. This may be done by challenging the results of a blood test or the reason for the traffic stop that led to the impaired driving charge. In some cases, this may be enough to obtain an acquittal.

REPORT FINDS GROWTH IN CHARGES FOR MARIJUANA POSSESSION

REPORT FINDS GROWTH IN CHARGES FOR MARIJUANA POSSESSION

Marijuana has been legalized in a number of states, although Texas is not one of them. However, a report from the FBI that was released on Sept. 24 found an increase in the number of nationwide incidents in which people were taken into custody for marijuana possession.

According to the report, there were 659,700 incidents of people taken into custody on marijuana charges in 2017. The number in 2016 was 653,249. A closer breakdown shows that 60,418 of those incidents were for sales and distribution in 2017 compared to 65,734 in 2016. Activists for legalization of the drug said that law enforcement needed to change its priorities given the fact that marijuana is now legal in a growing number of states. The opioid epidemic was cited as an example of a drug problem law enforcement should be focusing on instead.

Among overall drug charges nationwide, a significant number of them are marijuana-related at more than 40 percent of over 1.6 million detentions for drugs in 2017. Every 19 seconds in the United States, someone is taken into custody on drug charges, and about every 48 seconds, there is a marijuana-related detention.

Some people might think a charge for marijuana possession is not serious. However, any drug charges can carry significant legal penalties and can have repercussions in other areas as well. For example, a person’s career could be affected. People who are facing charges for drug crimes might want to talk to an attorney about defense. The attorney might try to get the charges dropped or reduced. With a plea bargain, a person does not go to trial but pleads guilty to lesser charges. However, there may also be cases in which the person wishes to go to trial and plead not guilty. If this happens, the person can work with an attorney to develop a defense strategy.

POLICE SEIZE MARIJUANA AND THC VAPES WORTH $33,000

POLICE SEIZE MARIJUANA AND THC VAPES WORTH $33,000

Police in Texas have reported that drugs with a street value of more than $33,000 were seized during the search of a Sugar Land residence on the morning of Sept. 7. The search was conducted by officers assigned to the Fort Bend County Narcotics Task Force during an investigation into the distribution and sale of THC extracts and marijuana in the area.

According to local media accounts, deputies discovered almost seven pounds of marijuana and 198 vaporizing cartridges containing THC extract in the Sugarbridge Trail home. THC is the cannabinoid that gives marijuana its psychoactive properties. Deputies say that they also found more than $7,000 in cash and several Xanax pills during the search. A Fort Bend County Sheriff’s Office representative said that the investigation that led to the search of the house was one of several undercover operations conducted in recent months aimed at identifying and apprehending individuals involved in the local drug trade.

A 20-year-old man was taken into custody at the scene in connection with the seized narcotics. Reports indicate that he was subsequently booked into a Fort Bend County detention facility on a raft of first and second-degree felony counts including marijuana possession, money laundering and the manufacture and delivery of a controlled substance.

Experienced criminal defense attorneys would likely advise those charged with serious drug crimes to remain silent until they have spoken with a lawyer even when the evidence against them seems overwhelming. Prosecutors often seek to settle these cases quickly to avoid the possibility of losing in court, but they may be less willing to show leniency when defendants have already confessed and can offer little more useful information.

Source: ABC 13, “Authorities find marijuana, Xanax and THC extracts valued at $33,000 during drug bust in Sugar Land”, Miya Shay, Sept. 7, 2018

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