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Texas Legal Blog

Factors that can impact Breathalyzer accuracy

When police stop you and think you may be drunk, they will undoubtedly ask that you submit to a breath test using a Breathalyzer device. A lot rides on the results of that breath test, so you want to be sure its measurements are completely accurate. Unfortunately, a number of different factors can potentially lead to an inaccurate Breathalyzer reading. If your breath test shows a falsely elevated result, you may be looking at steep fines, substance abuse requirements and possibly even time behind bars, among other possible repercussions.

Some factors that can offset Breathalyzer accuracy have to do with the device itself, while others have to do with environmental conditions or human errors. Just what types of factors can cause inaccurate breath test results?

What to do when your college kid faces drug possession charges

Sending your child to college is a bittersweet event. On the one hand, you feel a sense of pride for the young adult your son or daughter has become and for his or her decision to get a higher education. On the other hand, you worry about your child being independent and facing the many challenges that come with college life and young adulthood in general.

One of these challenges is the alcohol and drug activity that is a common part of the college experience. What if your son or daughter makes a bad choice and faces charges of drug possession?

What happens at a DWI traffic stop?

A DWI arrest can have disastrous consequences. Before a conviction even takes place, you can start to feel the effects. For example, the Texas Longhorns fired one of their players after police arrested him on suspicion of driving under the influence of alcohol

To get out of this situation all right, you need to start acting credibly and supporting your defense from the moment a police officer pulls you over. You should never get behind the wheel if you had anything to drink that evening. However, if you think you have something to hide during a traffic stop, then here are some aspects to bear in mind. 

Importance of bookkeeping as a power of attorney

Granting someone power of attorney is an inalienable right in Texas. While giving someone medical and financial powers of attorney over you involves creating complex documents, it is essential in ensuring your best interests remain intact as you enter old age.

Financial power of attorney gives someone else the right to make financial decisions on your behalf. This allows someone else to pay bills, pay the mortgage and take care of other essential expenses when the person would otherwise be unable to do so, or if she or he would forget to pay. It is a huge responsibility, and the law has strict guidelines about how powers of attorney can spend money. This is why it is so critical to take careful notes about where all the money goes. That way, if a court ever asks where a person's money went, you can show it. 

When a principal demands a financial accounting

Suppose your cousin is in the army reserves and the military deploys her to active duty in another country. She asks you to help your aunt, who is your mother's sister, with tasks she can no longer perform for herself. She trusts you to help her mother with her financial affairs.

You agree to pay your aunt's bills, taxes, medical expenses and anything else she may need. You agree to take your aunt to the grocery store to pay for the food she chooses. Your cousin states she knows you will be honest in handling her mother's money.  

Common mistakes when creating power of attorney

There are numerous considerations to make when creating a power of attorney for yourself. One recent development in Texas is the inclusion of "hot powers," such as giving an agent the ability to create a beneficiary designation and create a trust during the principal's lifetime. 

You should create a power of attorney well in advance, even if you are still young. You need an attorney's assistance while developing these documents to help you avoid some of the more common mistakes people make when developing an estate plan. 

What is assault in Texas?

When it comes to assault, states have their own sets of laws that define and set penalties for the crime. In Texas, assault could result in a Class C misdemeanor conviction, but it could also result in a first-degree felony conviction. 

Here are the distinctions between the various assault charges.

Tips for being a good power of attorney

Managing the financial affairs of someone else can be a stressful thought. If you are the fiduciary of a family member or friend according to a power of attorney document, you may not know exactly how to fulfill your responsibilities. While you want to help this person and follow his or her wishes, it can be confusing to know what actions to take.

Acting as a fiduciary not only involves legal and financial obligations but it can also invoke a lot of emotions. It is important to remember that the creator of the power of attorney document, also known as the principal, sees you as a trustworthy and honest individual. Here is how you can live up to those ideals. 

Is your job safe after a DWI?

There are some mistakes that are long-lasting. Choosing to get behind the wheel of a vehicle after a night of celebrating is one of the big ones. In 2016 there were 1,018 DWI-related fatalities in Texas.

If you get pulled over for a DWI traffic stop, you should know that you may be dealing with ramifications for years to come. That's because a DWI may impede your ability to get a job or keep it.

3 signs your parent needs a legal guardian

Guardianship is a process when the court appoints a person to look after another who can no longer care for himself or herself. This process is frequent in situations where elderly adults cannot make decisions due to a health issue such as dementia or Alzheimer's disease.

If you are the adult child of an elderly parent, there are some common signs that your parent may require a legal guardian. 


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