3 Common Mistakes We Make After A Car Accident

No one heads out on the road expecting to get into a car wreck with a drunk driver. Even minor Houston fender benders can create problems in our lives. It is this same surprising nature that makes it virtually impossible to be fully prepared for a  DWI car accident. If one should happen, having some foreknowledge can be helpful.

For instance, there are tons of mistakes that we unknowingly make in the aftermath of a car accident. We’ve listed some of the more common ones below.

Failure to file a police report

Typically seen in drunk driving related fender benders, the failure to file a police report can hurt us physically and financially – especially since many issues (medical and vehicular) don’t always show up immediately after a car accident. Once the Houston Police Department has arrived on the scene, make sure they get the names and address of any witnesses.

If the officer determines that the other party is at fault, this (along with the names of the valuable witnesses) will be in the report as well and can be of great assistance to you when filing an insurance claim.

Failure to Seek Medical Care

Just because you feel fine after a DWI car wreck doesn’t mean that you should forego emergency care. In fact, you should get a complete medical exam immediately (or as soon as possible) after the accident. Sometimes, injuries (like whiplash) don’t show up until a few days after the accident, getting documentation ensures that undiagnosed medical injuries don’t negatively influence your car accident settlement case.

Failure of Tact

Another common mistake people make after a car accident is talking to the other party’s insurance company. This is a trap, not a requirement – as many have come to believe. You have to remember that the other driver’s insurance company does not want to give you any money, even if you are innocent. It is their goal to find small cracks in what you say and assign blame to you so they can avoid their responsibility.

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Top 3 Ways to Avoid Drunk Drivers on the Road

According to the CDC, someone dies as a result of alcohol-impaired driving every 50 minutes or so. These statistics show just how many drunk drivers are on the roads today. While they are a danger to themselves, you are also not safe using the same road and below are tips on how to avoid such drunk drivers.

Buckle Your Seatbelt

The first defense against drunk drivers is your seatbelt. If you happen to see one ahead of you, make sure that everyone in your car is buckled up should there be a crash. Furthermore, having your seatbelt can reduce injuries.

Keep a Generous Following Distance

This is also a good strategy of avoiding drunken drivers on the road. Never try to overtake the driver. Instead, keep a generous following distance between you and the driver so that you have an eye on his or her erratic behavior. Apart from just keeping your distance, be your brother’s keeper and call local law enforcement to come in pull the driver off the road.

Avoid Late Driving

During the holiday season, celebrations usually end up with people drinking before driving home late at night. Therefore, your best remedy is staying at home in the evenings to avoid running into such fellows on the road. If possible, stay off the roads on drinking holidays and you will be safe. Most Texas DWI litigation trial lawyers in Houston will agree with this.

A drunk driver can ruin your day and even have you hospitalized for a long time. Therefore, you need to stay safe by watching out for such drivers and doing everything possible to avoid them.

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When a Traffic Ticket Becomes a Felony Evasion Charge

Talk about dumb criminals. In Houston this weekend, Independence Day weekend, a man was arrested and charged by the Houston Police Department for felony evading arrest. The situation, as I have come to understand it, is based on nothing more than a poor individual making a poor decision.

HOUSTON – Houston police said a man who was not drunk led officers on a chase because he was afraid of getting a DWI charge.
The chase happened late Tuesday on Harwin at Rogerdale. An officer tried to stop a white car for a traffic violation, but the suspect refused to pull over. He led police northbound on Beltway 8 to Richmond where he finally stopped.

Police said the car was not stolen, and the driver had no warrants.

The man allegedly told officers he had a couple of drinks, so he was afraid of getting arrested. Officers said the man was sober, however. He now faces a felony evading charge.  Source

Basically what had happened was a gentleman had had a few drinks, took to the roads in his car, made a minor traffic violation which spurred the attention of the Houston Police Department, after which the Houston Police Department attempted to conduct a routine traffic stop to issue a traffic citation, resulting in the driver panicking and evading arrest.

What would have been a minor traffic violation, or, at worst, a first-time misdemeanor DWI offense, is now a felony criminal offense set for hearing at the Harris County criminal court in downtown Houston on Franklin Street.

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Fighting Allegations of Drunk Driving in Houston

Being accused of a DWI offense in Houston and to need a LAWYER is a serious matter to be taken very seriously. In Texas there is a current epidemic of drunk driving and law enforcement has taken notice, and have kept the public on notice, for years. A smart Houston DWI lawyer will be able to inform you of your rights if you’ve been arrested and charged with a DWI offense by the Houston Police Department or the Harris County Sheriff’s Office.

If you’re looking for a Houston DWI lawyer visit The Law Offices of Tad Nelson of Associates to learn more about some of the best DWI defense lawyers who are currently accepting new clients in the Houston area.

When a person is arrested for a DWI offense the police have to prove their case in the court of law. Due to the scientific biochemical nature of criminal cases in which Driving While Intoxicated is alleged, its important to be sure that you’re represented by criminal lawyers & attorneys who have honed their craft, and know what they’re doing.

 

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Consequences of Alcohol Consumption

A number of people don’t understand the consequences and potential health ramifications of using alcohol. In this article that was sharing, we’ve taken the time to point out some of the bad consequences involved with long-term alcohol use and alcohol is.

  • A few of the short-term effects involved with drinking alcohol are slurred speech, drowsiness, a persistence of nausea, and vomiting.
  • There’s a strong possibility that if you are drinking alcohol, and decide to drive, you can be suspected of DWI, stopped by police, and arrested for your crime.
  • Another few short-term effects of alcohol ingestion include an upset stomach, diarrhea, headaches, difficulties breathing, distorted vision, distorted hearing, and impaired judgment.
  • Another consequence of taking alcohol could be not only an arrest for DWI, but you may kill someone by accident as a result of operating a motor vehicle while under the influence of alcohol and/or drugs.
  • Blackouts are often reported by people who are either alcoholics, or used alcohol heavily.
  • In some cases, people who have drink too much alcohol become deathly intoxicated resulting in a comatose state on part of the individual.
  • Loss of red blood cells, also referred to as anemia, has also been linked to high alcohol consumption.
  • It has been found that among alcohol users there is a serious decrease and their perception and coordination.
  • There have also been reports of alcohol users randomly going into states of unconsciousness. This can explain why a number of people who use alcohol into falling asleep behind the will and killing entire families on as a result of their responsibility to control their liquor.
  • Memory lapses where the drinker is incapable of recalling recent events have also been reported by alcoholics and people who heavily indulge in alcohol consumption.

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10 consequences of drinking alcohol

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Avoiding Jail For a DWI Charge Is Possible

Being arrested for a DWI related criminal offense is serious business. It can affect your job possibilities and can also reappear as a bad reminded of the past in the form of a criminal record. We recommend talking a lawyer who can help you fight a DWI offense in the court of law.

However, if you are tried in the court of law and found guilty, depending on the details of the case and any previous criminal history you may have, you may be able to get out of going to jail with a chance at having the criminal record removed from your background. Talk with a DUI lawyer to learn more about your options. Good Luck.

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Texas Law for DWI Offenders Found Guilty

Houston, Texas is known for its size as sprawling mega-metropolis, friendly people, great restaurants, professional sports teams, and its lesbian mayor. Along with all those fine things about our great city is one other thing, the massive street & road network that runs throughout the city connecting localities like Galveston, League City, Sugar Land, The Woodlands, and Kingwood.

One of the main concerns of the Harris County Sheriff’s Office, The Galveston County Sheriff‘s, and the Houston Police Department, is public safety when it comes to dealing with people who are caught illegally driving under the influence of alcohol or other intoxicants in the Houston-Galveston area.

When people commit the criminal offense of Driving Under the Influence (DUI) the lives of innocent people are put at risk making these type of criminal offenses the prime targets of police in the Harris County region. There are stiff criminal penalties if you’re ever found guilty of DUI in Houston, or Galveston (State of Texas).

Criminal Penalties For DWI in Texas

1st DWI Offense

In Texas, the 1st DWI offense is normally charged as a Class B Misdemeanor so long as there isn’t a child in the car, an accident, injury, or death, was caused as a result.

Potential penalties include a county jail sentence of anywhere from 3-180 days, and a fine of up to 2000.00. In the event that a minor is in the vehicle, the criminal act of intoxicated manslaughter occurs, or a person sustains an injury, a felony criminal charge will apply.

DWI With a Minor On Board

If you are ever arrested for suspicion of DUI in Houston or Galveston, and you have a child in the vehicle, you will be charged as a felony regardless of the situation. The potential fine if you are found guilty can be up to 10,000.00 with prison time of anywhere from six months to two years to be administered by the Texas Department of Criminal Justice (TDCJ).

DWI Manslaughter

If you kill someone due to DUI, the punishment will be harsh if you’re found guilty in the court of law in the great state of Texas. Many people who find themselves caught up in the Texas criminal justice system for these type of cases often believe that Galveston, Houston, League City DWI specialist attorney Tad Nelson is an expert on DWI cases, and end up hiring the law firm as a result of “word of mouth” based on them being one of the best DWI law firms in the nation.

The reason – the criminal penalty for a person convicted of DUI Intoxicated Manslaughter can be a massive 10,000.00 (USD) fine, a second degree felony charge, and a gargantuan sentence of up to 20 years in facility operated by the Texas Department of Criminal Justice.

2ND DWI Offense

If you find yourself under arrest a 2nd time for “driving under the influence” in the state of Texas, and end up being convicted in the court of law, the penalties you will be facing are as follows;

  • A monetary fine/penalty may be assessed at an amount not to exceed 4000.00.
  • The jail time associated with a 2 DUI offense in Texas can be anywhere from a 30 days sentence to up to 1 full year in a Texas Department of Criminal Justice run prison facility.
  • Another criminal consequence is the loss of your Texas Drivers License. Suspension of the driving privileges of people convicted of DUI for the second time can range from anywhere from 180 days to two years. A long time to go without the permission to drive in my view. In a city like Houston, if you are barred from driving you have been effectively neutered.

3rd DUI Offense

A person who is convicted for Driving Under the Influence for a 3rd time is in serious trouble. The criminal penalties for a person convicted for a 3rd DWI-DUI offense in the state of Texas can be likened to that of a serial killer. We’ve listen the penalties below.

  • The fines get bigger. On a 3rd Offense DWI, you’re looking at a 10,000.00 fine. A hefty sum of money regardless of why it is needed.
  • State Penitentiary. A 3rd DWI-DUI conviction result in a minimum of 2 years prison time with a potential for a sentence of up to 20 years.
  • Last but not least, your drivers license will be suspended for up to two years. Not that you will need it in prison, but it is the law that your drivers license is suspended if you are ever convicted of a DWI, DUI, or drug possession.

Facing DWI Charges in Houston, Texas

The prospect of going to jail can be a tough one for most of us, and certainly nothing anyone wants to look forward to simply because they had a night of fun. If you do have to deal with a criminal case because you were arrested for DUI, talk with a Galveston or Houston DUI attorney with experience fighting Texas-DUI charges, a relationship with the players in the Houston criminal justice community, and proven strategies for beating DWI charges with a record to prove the value of said stratagem.

Galveston DWI Lawyer | Houston DUI Attorney

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