Traffic Ticket Defense-Sullolaw.com

High-Speed Chase Ends on Dallas Love Field Runway

2011-12-16T04:58:00.001-08:00

High-Speed Chase Ends on Dallas Love Field Runway

DALLAS—An hour-long police chase late last month ended in the arrest of a suspect wanted in connection with several robberies in the Dallas area. Michael Lawrence Brown, 46, was taken into custody next to one of Love Field airport’s busiest runways after leading police on a high-speed chase through the city.

Police said that a gray Chevy pickup, which had been stolen at knifepoint from the Sheraton Hotel in Fort Worth, was spotted at an apartment complex in the area of Preston Road and Belt Line Road in north Dallas around 2:30 p.m. on Thursday, August 19. This started a chase that ran down the service roads of Central Expressway.

After heading through neighborhoods and even traveling south into the downtown area, Brown turned the pickup truck northbound and wound up at Love Field.

With no other way to go, he easily smashed through a security gate off of Aviation Place and found himself on the tarmac not far from nine Southwest passenger jets. But he didn’t stop there: Brown drove east over an active runway (31R) before turning and continuing up the taxiway. He crossed Runway 18 and was boxed in by four cruisers and an unmarked police truck, then was forced onto the grass north of Runway 18 in between the taxiway and Runway 13L. One officer used a pit maneuver to force the truck into a spin, and the chase was over.

In the wake of this dramatic pursuit, the Dallas Police Department has put the entire chase under review. It has been noted that officers had multiple opportunities to bring the chase to an end before Brown reached the airport, opting not to use the pit maneuver on two separate occasions, since it violated the department’s new chase policy. But a Dallas police car ended the chase with a pit maneuver, ramming the stolen truck and forcing it to stop, which the department contends was in response to "extenuating circumstances".

Also under scrutiny are the seemingly thin defenses for Love Field, which have raised concerns that vehicle driver with more mayhem in mind than simply avoiding law enforcement could mimic the move. But officials declined to comment on possible changes or improvements to the current airport design, because "if [they] talk about [their] security program, it ceases to be a security program."

New Motorcycle Laws Roll Into Texas September 1, 2009

2011-12-16T04:50:00.001-08:00

New Motorcycle Laws Roll Into Texas September 1, 2009

HOUSTON—On June 19, 2009, Governor Rick Perry signed into law Senate Bill 1967 (SB1967) of the 81st Regular Legislative Session. This law became effective September 1, 2009, and includes many motorcycle-related changes that affect all riders.

First, the bill requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program.

Former law required a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. SB1967 removes that minimum amount, and requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The terms "health insurance plan" refer to an individual, group, blanket, or franchise insurance policy, insurance agreement, evidence of coverage, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.

Further, SB1967 prohibits a peace officer from stopping or detaining a person who is the operator of, or passenger on, a motorcycle for the sole purpose of determining whether the person has successfully completed a motorcycle operator training and safety course, or is covered by a motorcycle health insurance plan and repeals provisions relating to a DPS-issued sticker required to be displayed on a motorcycle by a motorcycle owner.

Also included in the bill is an amended definition of “motorcycle”, which now includes certain enclosed three-wheeled passenger vehicles, and new licensing requirements for said vehicles. The law also mandates increased penalties for failure to yield the right-of-way violations resulting in bodily injury and serious bodily injury, to ranges of $500 to $2,000, and $1,000 to
$4,000, respectively

Lastly, SB1967 solicits funding from the Texas Department of Transportation (TXDOT) for a public awareness campaign to promote motorcycle safety and the concept of sharing the road with motorcyclists. This initiative is an extension of the “Look, Learn, Live” campaign introduced in 2008. The law also requires that all driver education courses and driver safety courses include information on motorcycle awareness, dangers of failure to yield the right-of-way to motorcyclists, and how to safely share the road with motorcyclists.
For more information on SB1967 as it pertains to motorcycle laws in Texas, please visit the Texas Department of Public Safety’s website at:

http://www.txdps.state.tx.us/director_staff/public_information/pr081109.pdf

Texas Driver Responsibility Program under Fire

2011-12-16T04:36:00.001-08:00

Texas Driver Responsibility Program under Fire

HOUSTON—It is common knowledge that drunken-driving laws in America vary from state-to-state, but in Texas, they often differ between counties. This “checkerboard” system of enforcement has recently come under fire, with local judges, lawmakers and upset residents calling for congruent reform and the elimination of hefty surcharges often imposed on top of criminal penalties.

Criminal Justice Committee Chairman John Whitmire, D-Houston, has taken special issue with the state’s Driver Responsibility Program (DRP), which includes a surcharge of $1000 annually for three years for first-time driving-while-intoxicated (DWI) offenders. Too often, motorists simply opt not to pay the fines, which Whitmire and law officers said means more people driving without licenses or insurance.

The DRP was created in 2003 as a funding tool for trauma care centers and transportation projects. The program established a system that assigns points to moving violations, and applies subsequent automatic surcharges to offenders.
Under the DRP:

Points are accumulated for moving violation convictions. For any consecutive three-year period in which a driver accumulates 6 points, he or she is assessed a $100 annual surcharge that is imposed annually until such time as his or her point total drops below 6. Each additional point on a driver's record will cost an additional $25 a year;
Under the program, driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense. Each subsequent conviction carries an additional $1,500 annual surcharge;
Driving without a license carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450. Driving with an invalid license would cost a driver $150, plus a $250 annual surcharge, making the total violation $900;
Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000; and

Should a driver commit one of these latter two violations again within that three years, they would be assessed an additional annual surcharge.

Critics of the program argue that many Texans affected by these automatic surcharges are first-time offenders, students, single parents or low-income families, who are faced the choice of either complying with the law or paying for their education, rent food or emergency expenses like car repairs or medical bills. Others simply opt not to pay, and as of April 2010, 1.2 million Texans owed the state more than $1 billion in unpaid surcharges.

For proponents of the DRP, whatever money has been collected through the program has been a godsend. Quoted in the July 2010 issue of Texas Medicine Magazine, Dr. Ronald Stuart, MD, chair of the Trauma Stystems Committee of the Governor’s EMS & Trauma Advisory Council (GETAC) said, “The expansion of Texas trauma centers under the DRP has led to improved coverage of timely access to care when people need it the most. What we’re talking about is access and quality of care…[which is] why preserving the DRP and other funding programs is important.”

Dr. Stewart said that most trauma physicians and trauma facility administrators are sympathetic to the challenges inherent in the DRP and are willing to work to improve the program. “We’re not opposed to making the system better. We believe that in spite of its problems, the DRP is, in general, a fair and equitable way to pay for uncompensated trauma care in Texas.”

Dr. Stewart’s opponents, however, couldn’t disagree more.
With Texas’ varying DWI laws, Sen. Whitmire asserts prosecutors are recognizing that the surcharges imposed by the program are “a burden [defendants] can’t meet and they’re allowing them to plead to something other than DWI.” He voiced concern that the absence of a formal DWI charge would hide an individual’s first drunken-driving offense, allowing him to avoid enhanced penalties if he offends again.

In Harris County, for example, District Attorney Pat Lykos’ office allows defendants facing drunken driving charges for the first time to plead guilty to DWI with the option of completing a strictly probated program, after which the conviction can be wiped off their record. And in Bexar County, District Attorney Susan Reed dealt with a backlog of cases by allowing first-time DWI offenders to plead instead to a charge of “obstruction of a highway—intoxication”. Both options allow the accused to avoid the DRP-imposed surcharges.

Perhaps the only thing that parties on either side of the debate can agree on is that the DRP is not perfect, and as such, the Senate Transportation and Homeland Security Committee, headed by Sen. John Carona, R-Dallas, has been given the responsibility of vetting it before the 2011 legislative session. The Texas Department of Public Safety (DPS) is also working on new rules for the program to ease the surcharges for lower-income drivers.

Until such time that the existing surcharges are reduced or eliminated, being charged with DWI anywhere in Texas can have serious and life-changing consequences.

Red Light Cameras A Hot Topic in Houston

2011-12-16T04:16:00.001-08:00

Red Light Cameras A Hot Topic in Houston

The topic of red light cameras in Houston has been a hot one since the City began employing them at major intersections on September 1, 2006. Proponents of the program hold that its main purpose is to decrease the number of red light runners and reduce collisions, while those in opposition argue that it’s aimed at making money for municipalities rather than improving traffic safety.

According to the Houston Police Department (HPD) website, “Red light running is the leading cause of urban crashes. In 2004, more than 900 people were killed and an estimated 168,000 were injured in crashes that involved red light running.” Furthermore, Houston-Galveston Area Council data indicate that red light accidents in the Houston area account for approximately $225 million per year in total comprehensive cost.

At present, Houston has 70 cameras positioned at 50 intersections around town. They photograph the license plates of cars running red lights, and contractor American Traffic Solutions sends registered owners a $75 civil ticket in the mail. Since the program began, more than 700,000 citations have been issued, resulting in $41 million in revenue.

Efforts are now underway to ban the cameras, with dissentients seeking to put the matter to public vote in November. A petition is being circulated by Citizens against Red Light Cameras to collect the 20,000 signatures needed to get the issue on the ballot. Those in opposition believe that red light cameras actually increase auto accidents when drivers break sharply at intersections, and disagree with the fact that the tickets cannot be contested using due process.

On the other side of the debate, a political committee called Keep Houston Safe has been formed to defend the program. An opinion survey commissioned by the group found that two thirds of likely Houston voters back the system, with that support consistent across political, racial, and socioeconomic lines. Seventy-seven percent of respondents agreed that cameras were a reasonable way to curb red-light runners, and 71 percent believed that the cameras make Houston safer.

Though use of red light cameras is growing across the country, Houston may be a doyen in reversing the trend. If the issue is brought to public vote in November, the fate of the program will be in citizens’ hands.

Texas Driver Responsibility Program under Fire

2011-12-16T04:00:00.001-08:00

Points are accumulated for moving violation convictions. For any consecutive three-year period in which a driver accumulates 6 points, he or she is assessed a $100 annual surcharge that is imposed annually until such time as his or her point total drops below 6. Each additional point on a driver's record will cost an additional $25 a year;
Under the program, driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense. Each subsequent conviction carries an additional $1,500 annual surcharge;
Driving without a license carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450. Driving with an invalid license would cost a driver $150, plus a $250 annual surcharge, making the total violation $900;
Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000; and

Red Light Cameras A Hot Topic in Houston

2011-12-16T03:53:00.001-08:00

Red Light Cameras A Hot Topic in Houston

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

The topic of red light cameras in Houston has been a hot one since the City began employing them at major intersections on September 1, 2006. Proponents of the program hold that its main purpose is to decrease the number of red light runners and reduce collisions, while those in opposition argue that it’s aimed at making money for municipalities rather than improving traffic safety.

According to the Houston Police Department (HPD) website, “Red light running is the leading cause of urban crashes. In 2004, more than 900 people were killed and an estimated 168,000 were injured in crashes that involved red light running.” Furthermore, Houston-Galveston Area Council data indicate that red light accidents in the Houston area account for approximately $225 million per year in total comprehensive cost.

At present, Houston has 70 cameras positioned at 50 intersections around town. They photograph the license plates of cars running red lights, and contractor American Traffic Solutions sends registered owners a $75 civil ticket in the mail. Since the program began, more than 700,000 citations have been issued, resulting in $41 million in revenue.

Efforts are now underway to ban the cameras, with dissentients seeking to put the matter to public vote in November. A petition is being circulated by Citizens against Red Light Cameras to collect the 20,000 signatures needed to get the issue on the ballot. Those in opposition believe that red light cameras actually increase auto accidents when drivers break sharply at intersections, and disagree with the fact that the tickets cannot be contested using due process.

On the other side of the debate, a political committee called Keep Houston Safe has been formed to defend the program. An opinion survey commissioned by the group found that two thirds of likely Houston voters back the system, with that support consistent across political, racial, and socioeconomic lines. Seventy-seven percent of respondents agreed that cameras were a reasonable way to curb red-light runners, and 71 percent believed that the cameras make Houston safer.

Though use of red light cameras is growing across the country, Houston may be a doyen in reversing the trend. If the issue is brought to public vote in November, the fate of the program will be in citizens’ hands.

Texas Commercial Driver’s License (CDL) FAQ’s

2011-12-16T03:43:00.001-08:00

Texas Commercial Driver’s License (CDL) FAQ’s

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

HOUSTON—A Commercial Driver’s License, or CDL, is required for the operation of any type of commercial vehicle that has a gross vehicle weight rating (GVWR) of more than 26,000 lbs; transports hazardous materials that require warning placards under Department of Transportation regulations; or that is designed to carry 16 or more passengers, including the driver. Some examples of vehicles that require a CDL to operate are tow trucks, tractor trailers and buses.

In accordance with the Commercial Motor Vehicle Safety Act of 1986, all states are required to comply with certain standards in regards to the licensing of commercial motor vehicle (CMV) drivers. Texas driver licensing standards comply with the law, requiring CMV drivers to obtain a Texas CDL when driving applicable vehicles. A CDL license can only be issued in the driver’s state of legal residence, and any driver possessing a CDL cannot have a driver’s license in any other state. Read on for the answers to the most commonly asked about obtaining a Texas CDL.

What are the eligibility requirements to obtain a Texas CDL?

· You must be 21 years old. (18 years if all commercial driving is done within Texas, no hazardous materials requiring placarding are transported, and no double- or triple-trailer rigs are employed.)
· You must be physically capable of obtaining a valid medical examiner’s card before taking any CDL skills test.
· You must qualify for the license based on their driving record. Any of the following will disqualify you from obtaining a Texas CDL:
o Possession of a license from any state other than Texas
o Current disqualification of commercial driving privileges in Texas or any other state.
o Suspension, revocation, denial or cancellation of current driver’s license.
o Any conviction of impaired operation of a commercial motor vehicle within the 24 months immediately preceding your application.

What steps must be taken to apply for a Texas CDL?

Present sufficient proof of identity. This consists of either one piece of primary identification, two pieces of secondary identification, or multiple pieces of supporting identification. The first two categories are clear-cut, but supporting · identification will be accepted only at the discretion of the license examiner. (See question 7 for further details on documentation.)
· Provide proof of your Social Security number.
· If you own your own commercial vehicle, proof of registration and liability insurance must be provided.
· You must complete the necessary application forms at the Department of Motor Vehicles (DMV) office. These forms may vary depending on the types of endorsements you seek.
· Pay the required fee. Each special endorsement and any related testing may require its own fee. (See question 4 for more information on endorsements.)
· Pass the vision exam.
· Pass the written tests, including any special testing for the various available endorsements.
· Pass the skills test (driving test) in the vehicle of the type for which you will be licensed. You must provide this vehicle.
· Have your photograph and fingerprints taken at the DMV office.

What do the terms “Class A”, “Class B”, and “Class C” denote on a Texas CDL?

· “Class A” licensing allows you to operate vehicles that tow trailers, or other vehicles with a GVWR over 10,000 lbs. This license also allows you to operate “Class B” and “Class C” vehicles.
· “Class B” licensing allows you to operate single vehicles with a GVWR over 26,000 lbs, or towing trailers/vehicles rated at 10,000 lbs GVWR or less. This license also allows you to operate “Class C” vehicles.
· “Class C” licensing allows you to operate vehicles with a GVWR under 26,000 lbs that would normally not require a CDL, except when they are designed to transport 16 or more persons, including the driver; carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation; or carry hazardous materials in amounts requiring placarding. Applicable endorsements are required.

What are Endorsement Codes and when are they required on a Texas CDL?

· Endorsements are necessary for certain commercial driving requirements as follows:
o (T) Double or Triple Trailers. For vehicles pulling more than one trailer
o (P) Passenger. For vehicles that are designed to carry 16 or more people including the driver; or those that carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation.
o (N) Tank Vehicles. For vehicles designed to haul liquids or liquefied gases in bulk in permanently mounted tanks or portable tans rated at 1,000 gallons or more.
o (H) Hazardous Materials. For vehicles carrying hazardous materials in amounts requiring placards.
o (X) Tank Vehicles (N) carrying Hazardous Materials (H).

What is the difference between an interstate CDL and an intrastate CDL?

· An intrastate CDL is one that is valid in Texas only. The requirements for these licenses are less strict than the federally controlled interstate licenses. Intrastate drivers are not required to speak English; not held to the same medical standards; and can obtain a license at the age of 18. Drivers with disabilities may also qualify at the intrastate level, as there are some exemptions available for those missing limbs or whose vision is impaired.
· Interstate drivers are permitted to drive across state lines, but must be at least 21 to obtain a license.

What vehicles are exempt from requiring a Texas CDL to operate?

· Vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; not used in the operations of a common or contract motor carrier; and used within 150 air miles of the person’s farm.
· Fire-fighting or emergency vehicles necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire-fighter.
· Recreational vehicles that are driven for personal use.
· Military vehicles, when operated for military purposes by military personnel.
· Vehicles that are owned, leased, or controlled by an air carrier, as defined by Texas Transportation Code (TRC) section 21.155.
· Vehicles used exclusively to transport cotton modules or cotton burrs.

What constitutes “sufficient proof of identity” when applying for a Texas CDL?

· Primary identification documents include a Texas driver’s license or identification card. These must be either current or within two years of the indicated expiration date. A valid (unexpired) U.S. passport is also considered primary identification, as are naturalization certificates showing verifiable data and a photograph, any other type of U.S. Immigration and Naturalization Service (INS) documents with verifiable data and a photograph, or an unexpired U.S. military identification card. Older INS documents might not include current information or a photograph, and these will not be accepted as primary identification in Texas.
· Secondary identification documents include original or certified copies of a birth certificate, unexpired driver’s license, or ID card from other U.S. states or Canadian provinces. Also acceptable is any official court order showing full birth information.

Supporting identification is a vague category, and the acceptance of these documents is at the discretion of the licensing employee examining them. Supporting documents include, but are not limited to: School records, insurance policies issued at least two years prior to the time of application, vehicle titles, military records, a current military dependent identification card, original or certified marriage licenses or divorce papers, voter registration cards, Social Security cards, pilot’s or concealed handgun licenses, or a Texas driver license temporary receipt. Consideration may also be given to expired driver’s licenses or identification cards from the U.S. or Canada, as long as they are within two years of the expiration date, foreign passports, and any other consular documents.

The Texas Driver Responsibility Program Explained

2011-12-16T03:10:00.001-08:00

Points on Your License:
The Texas Driver Responsibility Program Explained:

A Brief History and Overview:

Not so long ago, Texas envisioned a driver’s point system as a consistent mechanism to keep track of bad drivers. “Points” would be assigned to an individual’s driving record for certain traffic violations, and individuals who accrued too many points would be penalized as a result. Then, as with many things, the aforementioned “envisioned” point system was recognized as an expedient method to generate revenue for the state, and the Texas Driver Responsibility Program was officially adopted by the state legislature [TRC § 708; Article 10, House Bill 3588, 78th Legislative Session]. In other words, with this Program, Texas now tracks drivers’ traffic violations, assigns points to those drivers’ records, and then assesses fines to drivers who accrue or exceed a certain number of points.

The Point System and How it Works:

The Texas Driver Responsibility Program assigns “points” to the driving records of drivers who commit Class C Misdemeanor Moving Violations. Below is a list of how many points are assigned for these types of violations:

Point Assignments:

· 3 points are assigned for any moving violation resulting in an accident;
· 2 points are assigned for each moving violation in Texas or any other state;
[Moving violations are defined by 37 TEX. ADMIN. CODE §15.89, which includes a list of those violations that will be assigned points.]
[No points are assigned for a moving violation for speeding if the driver was found to have not exceeded the posted speed limit by more than 10%.]
· 2 points are assigned for each child safety seat violation;
[No points are assigned for adult seat belt violations.]
· Points accrued remain on the driver’s record for a period of three years from the conviction date of the violation. An offense committed prior to September 1, 2003 will not apply to the assessment of points under the program.
More egregious violations do not accrue points, but are rather automatically penalized as conviction-based surcharges: Drivers who receive a conviction for any of the following offenses that occur on or after September 1, 2003 are required to pay an annual surcharge for three years from the date of conviction. [It is important to note that Conviction-Based Surcharges are cumulative. As such, a driver convicted for DWI would be assessed a $1000 fine annually for three years from the date of conviction, and a subsequent DWI conviction for the driver within the same three-year period would result in the assessment of an additional $1500 fine annually for three years from the date of the conviction].
Conviction-Based Surcharges

For DWI, Intoxication Assault, and/or Intoxication Manslaughter:

First-time offense: $1,000 fine per year for three years
Second or subsequent offense: $1,500 fine per year for three years
DWI with a BAC of 0.16 or higher: $2,000 fine per year for three years

For Other Violations:

Failure to maintain financial responsibility: $250 fine per year for three years
Driving while license invalid: $250 fine per year for three years
Driving without a license: $100 fine per year for three years

[All surcharges assessed for this program are in addition to all other reinstatement fees required for other administrative actions and do not replace any administrative suspension, revocation, disqualification or cancellation action that results from these same convictions.]
Important Notes
· The Department of Public Safety reviews the driving records of all drivers annually for potential Assessment Surcharges;
· When a driver accumulates 6 points within any consecutive 3 year period, the driver is assessed a $100 “surcharge” for the year that his point total reached 6 points;
· For every point accrued thereafter, the driver’s assessment surcharge goes up by another $25 per point, with no upper limit on how high the driver can be fined;
· If a driver’s record for any subsequent year continues to reflect six or more accrued points for the prior three-year period, the surcharge will be assessed. Therefore, a driver may be required to pay for one or more years if 6 or more points continue to be present on the driver’s record.
· Point surcharges are cumulative and may vary with each annual assessment if convictions are added or removed from the driver record.
· If a driver fails to pay the assessment surcharge, his or her license is suspended, and additional fees will apply.
· If a driver receives convictions for 4 or more moving violations in a 12 month period, or convictions for 7 or more moving violations in 24 month period, the driver will also have his license suspended.

    A CALCULATED EXAMPLE OF TEXAS RESPONSIBILITY PROGRAM FINES

As an example, the table below shows the “Texas Responsibility Program” fines for a Texas Driver who started driving in the year 2004 and who has to date incurred the convictions listed in the middle column.

YEAR                 CONVICTIONS/POINTS/CALCULATIONS                     FINE(S)

2004                  Speeding, 10 mph over the limit, 2 points;
                         Only 2 points; so no Assessment Surcharge                  $0.00

2005                  Moving violation (accident results), 3 points;
                         At 5 points, but still fewer than 6;
                         So no Assessment Surcharge                                      $0.00

2006                 Adult seat belt violation, 0 points;
                        Still fewer than 6 points;
                        So no Assessment Surcharge                                         $0.00

2007                 Moving violation (accident results), 3 points;
                        At 6 total points;
                        So there is a $100 Assessment
                        Surcharge for this year
$100.00

2008                DWI, first offense, 0 points;
                       At only 3 points;
                       So no Assessment Surcharge for this year;
                       But a DWI conviction results in a
                       $1000 per year Conviction-Based
                       Surcharge for the next three years                             $1000.00

2009                3 Moving violations; 6 points;
                       At 9 points;
                       So there is a $175 Assessment
                       Surcharge for this year,
                       Plus the second $1000 Conviction-Based
                       Surcharge from the 2008 DWI
   $1175.00

2010               No Violations, 0 points;
                      At 6 points;
                      So there is a $100 Assessment
                      Surcharge for this year,
                      Plus the third $1000 Conviction-Based
                      Surcharge from the 2008 DWI
                      $1100.00
       Hire An Attorney and Fight Every Traffic Violation to the End:

As the example above demonstrates, there is no upper limit to what you could pay in fines for traffic violations in Texas. For citizens who value their hard-earned money, the days of just “paying your traffic ticket and moving on” have changed. Agreeing to a traffic violation conviction can be costly, with more serious convictions, such as DWI, resulting in extremely high conviction surcharges.

So what can you do?

Always make sure to fight every traffic violation to the fullest extent of the law, and seriously consider hiring a traffic ticket defense attorney with the competence and experience to defend you against the charges you are facing.

Driver Notification of Surcharge and Driver License Suspension:

The Texas Department of Public Safety will notify by mail (to their address of record) drivers who have incurred a surcharge with the DPS. The notice will state that the surcharge must be paid within 30 days to prevent the suspension of driving privileges. Failure by the driver to comply with these surcharge requirements will result in a driver’s license suspension until the driver either pays all surcharges and related costs in full, or establishes and complies with the terms of a payment installment agreement with the Department.

Note: Drivers who have established a payment installment schedule with the Department will, as a courtesy, will receive monthly reminders with a payment coupon indicating the amount due and the remaining balance. However, should a monthly reminder not be received, the driver is still responsible for making timely payments to prevent suspension of driving privileges.

Stay Up to Date on the Status of Your Driver’s License:

To avoid being surprised by unexpected fines from the State, make sure to check the status of your driver’s license by ordering a driving record report from the Department of Public Safety.

This report will show the current validity of your license, any pending revocations and/or suspensions, your current point total, and any information on any moving violations or accidents you have had. Knowing the status of your driving record can help to motivate you to avoid further citations/charges.

Additional Information from the Department of Public Safety:

Who receives the money collected?

According to the Department of Public Safety, each surcharge collected by the Department under this law will be remitted to the Texas State Comptroller's office on a monthly basis.
The Trauma Center Fund and Texas General Revenue Fund receive 99% of the revenue collected, while the DPS receives the remaining one percent for the administration of the Driver Responsibility Program.

Contact Information:

To obtain information regarding your convictions, a copy of your driving record may be purchased by completing the appropriate application form and mailing to the Department of Public Safety with the applicable fee, or visiting the online service at:
www.txdps.state.tx.us

For full payment of a surcharge or to establish an installment agreement, please contact the Municipal Services Bureau by phone at 1-(800)-688-6882. The Municipal Services Bureau is the vendor responsible for the mailing of surcharge notices and collection of all fees.

If you have additional questions regarding the surcharge program, you may contact the Department of Public Safety Customer Service at the telephone numbers listed below:
(512) 424-2600 (English)
(512) 424-7181 (Spanish)

Why Should I Hire Sullo & Sullo Attorneys to Fight My Traffic Ticket?

2011-12-16T03:02:00.001-08:00

Why Should I Hire Sullo & Sullo Attorneys to Fight My Traffic Ticket?

Have You Recently Received a Traffic Ticket and Don’t Know What to Do?

If you have recently received a traffic ticket and you are trying to make a decision about who to hire to fight the charges against you, you have come to the right place. The Law Firm of Sullo & Sullo has provided some helpful information below to assist you in making an informed decision about your case:

You Have a Lot at Stake – Don’t Trust Just Anyone!

TRAFFIC VIOLATIONS IN TEXAS ARE A SERIOUS MATTER. IN ADDITION TO THE POTENTIAL ASSESSMENT OF HEAVY FINES, THESE VIOLATIONS CAN HAVE SERIOUS CONSEQUENCES, INCLUDING, BUT NOT LIMITED TO:

Loss of Your Driver’s License

Traffic violations can result in the suspension and/or loss of your driver’s license. The Texas Department of Public Safety adds points to your license for most traffic violations. It only takes a small number of violations to result in enough points to cause the loss of your license.

Higher Insurance Rates

Traffic violations can significantly raise your insurance rates. Current insurance law allows companies to impose major increases in premiums for those individuals convicted of traffic violations, sometimes by as much as fifty percent (50%).

Loss of Employment

Commercially licensed drivers in the state of Texas are at risk for losing their employment if they receive a traffic citation. This is because employers of commercial drivers are subject to insurance rate increases based on their drivers’ records. Employers have an incentive to employ and retain drivers with driving records that are clean and to terminate and remove drivers driving records that are not.

Why the Law Firm of Sullo & Sullo Right for You:

All of these potential consequences resulting from a traffic violation conviction can be expensive and damaging, and should encourage you to challenge your traffic citation.

The skilled and experienced attorneys at Sullo & Sullo will be there to fight for you if you do.

The Law Firm of Sullo & Sullo handles a variety of traffic violations, including, but not limited to:

Driving without Insurance (Failure to Provide Proof of Financial Responsibility); Driving with a Suspended License; Running a Red Light; Stop Sign Violations; Failure to Yield Right of Way; Illegal Turns; Speeding; Reckless Driving; and Drunk Driving (Driving While Intoxicated)

When it comes to fighting traffic violation charges for our clients, our goal is to get these charges dismissed and to prevent any traffic violation convictions from ever becoming part of our clients’ driving records.

With over 180,000 cases tried and an extremely high rate of dismissals for traffic violations, you can count on Sullo & Sullo to give you the best representation possible.

DISCLAIMER: All traffic cases are based on the individual circumstances and facts pertaining to each case, and the outcome of any particular case depends on a variety of factors. None of the information provided on this website should suggest or guarantee a particular result for any given traffic case. Furthermore, none of the information provided on this website should be construed in any way as legal advice. Finally, none of the information provided on this website should suggest or imply the formation of an attorney-client relationship in any capacity whatsoever.

Anatomy Of A Traffic Case In Texas

2011-12-16T02:53:00.001-08:00

Anatomy Of A Traffic Case In Texas

The vast majority of Texans have, at some point in their lives, received a ticket for a traffic violation. Unlike most other violations of the law, a traffic ticket doesn’t bear the same stigma of criminality and is often viewed as a minor offense that even the most law-abiding citizens may be guilty of on a frequent basis. However, don’t let the prevalence and the commonality of a traffic ticket fool you. Trying to resolve a traffic ticket in Texas is at best an annoyance, and at worst, a convoluted maze of red tape that can have you banging your head against the wall in no time. From the moment you see the red lights flashing in your rearview mirror and hear the dreaded siren, you enter the confounding world of Texas traffic law.

While not considered a serious offense by most people, many Texans don’t realize that a traffic violation is still a criminal offense in the state of Texas. The list of possible traffic violations that you can be guilty of in Texas seems endless: speeding, speeding in a construction zone, speeding in a school zone, running a red light, failing to signal, failing to yield to right of way, loud muffler, expired registration/inspection, driving without a valid driver’s license etc. (maybe here we can add a link that people can click on to see the sheer variety of cases that they could be charged with). The list goes on and on. Each type of case has varying degrees of repercussions and different methods of resolution. For example, a speeding or moving violation may result in a fine, put negative points on your driving record, or raise your insurance rates. Other, more straightforward violations such as expired registration can be dismissed with a ten dollar dismissal fee if you update your registration within ten days

Considering how varied the steps can be to resolve each type of case, it is not surprising that many people find dealing with a traffic ticket a very stressful process. That is where Sullo & Sullo can step in to relieve that stress and confusion. We are a law firm that specializes in traffic ticket defense and you can have peace of mind knowing that only the most experienced and thorough attorneys who are skilled in traffic law are managing your cases. While it would be impossible to discuss all the nuances of traffic procedure and traffic law, we would like to provide a general overview of the anatomy of a typical traffic case. This step-by-step guide to how traffic cases work in Texas is a service provided to you by Sullo & Sullo to help demystify the process for all our clients.

At the scene of the alleged violation

Let’s begin with the cardinal rule of traffic stops. When you see the flashing red lights behind you, make sure that you pull over quickly. As you roll down the window full of anger at the realization that this police officer is going to make you late to your very important meeting, just roll down that window and bite your tongue. The biggest mistake that people often make when they are pulled over is talking too much. Listen to what the officer has to say, nod your head, and be pleasant. No matter how much you are tempted to do it, the golden rule is: DO NOT ARGUE WITH THE POLICE OFFICER.

We cannot emphasize that enough. There are two very important reasons why saying too much to the officer is not a good idea. The obvious one is that you don’t want to anger an officer who has your ticket in his hands. He can make the process of receiving a ticket very unpleasant for you. The second reason, and the one that many people don’t realize, is that the more you say and do, the more likely it is that the officer will remember you. The moment he pulls you over, the officer is making a mental note of your attitude and if you begin to argue, you can be sure that he is writing everything you say down on his copy of your ticket. The ones that the officers usually don’t remember are the ones that are pleasant and don’t say much. This is one of those rare situations in life where you want to be completely boring and forgettable.

Once the officer hands you your ticket and drives off, don’t crumple your ticket and stuff it in your glove compartment or deep into your pockets. Although you may be seething at the audacity of the officer to pull you over when you clearly didn’t violate any traffic law, don’t let your anger cloud your judgment. That piece of paper is a legal document and happens to have on it a very important date. If you read your ticket closely, you will discover that you have just signed a promise to appear at your arraignment date.

The Arraignment

The first step in resolving your ticket is to show up for your arraignment. During your arraignment, you will appear to court at the designated date and time, the judge will tell you what you have been charged with, and then you will enter a plea of guilty or not guilty. If you enter a plea of not guilty, a future trial court date will be set for you. You must tell the judge whether you want a judge or jury trial.

It is your responsibility to show up to your arraignment at the specified date and time. While the arraignment process appears simple, it often goes awry when people fail to appear on their court dates. Many people simply forget to show up, but others find it difficult to appear due to professional and personal responsibilities. Your arraignment may be scheduled at an odd time for you. For instance, your court date may be set for the middle of the day when it is impossible for you to leave work, or it may be set at night when you have family responsibilities that make it difficult for you to make the trip downtown. If you find yourself in such a situation, you will quickly discover that the court is not sympathetic. If you fail to appear for your arraignment for any reason, the court will issue a warrant for your arrest.

If you have hired Sullo & Sullo to handle your case before your arraignment date, you will not have to worry about any of these potential pitfalls. Our attorneys will appear at your arraignment, plead “not guilty” on your behalf, and set your case for a future jury trial date. You will not have to appear for your arraignment and worry about a potential warrant for your arrest.

Jury Trial

“But, wait!” you say. “I don’t want a jury trial! I just want my traffic ticket handled in an efficient manner so it can be dismissed or, alternatively, kept off my driving record.” We know, and believe us when we say we have your best interest at heart. The majority of cases that we set for a jury trial never get argued to a jury. Why? Because most of them are resolved on that date through either a dismissal or a program that keeps the ticket off your record.

At Sullo & Sullo we set the majority of our cases for a jury trial because we feel that is the best chance of getting your case dismissed. Setting the case for jury trial forces the state to prepare a case against you. On the day of trial, the prosecutor must have a witness present whose testimony can prove the case against you beyond a reasonable doubt. If the prosecutor cannot offer a suitable witness or if she feels she does not have a viable case, then she is forced to dismiss the case. If the prosecutor feels that she has sufficient evidence to go forward with your case, then, based upon years of experience, we feel that a jury, rather than a judge, would be a more fair and impartial decider of your case.

Arriving at the courthouse for your jury trial

As stated earlier, if you hire Sullo and Sullo before your arraignment date, then you do not have to appear for your arraignment. Please do not confuse this with the jury trial date. You MUST appear at your jury trial date. Also, the most important thing you can do to help your case is to show up to court ON TIME.

This may sound relatively straightforward, but the Houston Municipal Court issues a large number of warrants everyday for all the defendants who show up late to court. To ensure that you arrive on time, if your court begins at 8am, plan to arrive at the courthouse about an hour earlier. Although that may seem excessive, you must consider Houston morning traffic, the time it takes to fight for a parking spot, the time it takes to find your courtroom, and to account for any other unexpected hurdles you may encounter on the way to court. Even the most well-intentioned defendants have shown up to court late. Most judges are very strict when it comes to showing up to their court on time. If you are late to court, the judge will issue a warrant for your arrest. If this happens to you, then you will have to post a bond to get a new court date.

Although each courtroom may have different rules, you would be wise to adhere to the following: do not wear shorts to court, do not bring food or drink into the courtroom, do not wear hats, turn your cell phones off (that means no texting), and do not talk loudly to other people around you.

The morning roll call

Once you get to court, sit down in your assigned courtroom quietly and turn off your cell phone. Don’t panic if no one has come up to you and introduced him/herself as your attorney. The Sullo attorneys are going from courtroom to courtroom calling the names of all their clients in that particular courtroom. You will see many attorneys walking into the room and calling names of their clients. Listen carefully for the attorney that introduces himself as an attorney from the Sullo and Sullo law firm and make sure to answer when you hear your name. If you don’t hear your name called, make sure to let the Sullo attorney know.

When the judge walks out to the courtroom to take the bench, you will hear the bailiff say, “All rise.” Make sure that you stand up. You do not want to get on the bailiff’s bad side first thing in the morning. The judge will introduce himself and begin calling the names of all the defendants on the docket. At this point, you want to listen carefully to make sure that the judge (or bailiff if he is handling docket call) calls your name. Some defendants believe that since their attorney called their names, they can sit back and relax during the docket call. We cannot emphasize enough that this is not the case. If you do not hear the judge or bailiff call your name, you must make it known to the court. The judge will usually ask if there is anyone in the courtroom who did not hear their name called. Make sure your raise your hand.

The long road ahead: the jury trial docket

After docket call, you must be prepared for a long day. You can bring reading material, but just make sure you don’t read anything when the judge is on the bench. While you may be one of the fortunate few who are released early, it is more likely that you will be in court anywhere from three to eight hours. The process is long and can be tedious but the Sullo attorneys are utilizing those hours to research your cases, look for any possible errors or defects in your case, to speak to your police officers and to prepare for trial.

Your attorney will call you up and speak to you individually. Please be patient. The attorney must speak to every client in the courtroom and this will take some time. When you are called up, the attorney will introduce him or herself and discuss your options with you. In most situations, the attorney will explain to you that he is working on your case and that the officer is present and ready to testify against you in trial. The attorney needs time to speak to the officer, research the facts of the case, research the law on the case, and discover any weaknesses of your case. In order for your attorney to do all this in a diligent manner, you will need to stay for the remainder of the day. If you are not willing and ready to stay for the remainder of the day, then the attorney will provide you with options to resolve your case through a program that keeps your ticket off your record. Some judges will require a fee and a period of probation during which you may not receive any more tickets. Other judges will require you to take defensive driving. While we would prefer that you be willing to stay and fight your case, we also understand that your time is valuable and that you may have other commitments.

By 11:00 a.m., some of the cases will have been resolved and you will notice that the courtroom may appear to be thinning out. By that time, the Sullo attorney will have resolved a number of cases through dismissals or special programs that keep the ticket off the defendant’s record. Some defendants wonder why they are still sitting in the courtroom when other people in the courtroom had their cases resolved. The simple answer is that no two cases are exactly the same. You may have hired Sullo for a speeding case while the person sitting next to you was charged with a registration violation. Clearly, those two violations would be handled very differently since a registration violation is a much simpler case. Even if the person next to you was charged with a speeding case as well, your two cases may have to be handled very differently depending on how fast you were going, where you were pulled over, and which officer pulled you over. While each case is resolved differently based on the facts of the particular case and the client’s willingness to remain in court, you can be confident in the knowledge that the attorney on your case is working diligently to try to get your case dismissed.

If you are still sitting in the courtroom when the judge announces the lunch break, that means that you are most likely in the pool of cases that are ready for trial. Do not be alarmed. Although you may never have testified in a jury trial before, you have an experienced attorney by your side who will walk you through the process step-by-step. The attorney will explain to you that if you are found guilty at trial, the jury will have a fine range to consider based on the particular offense. Furthermore, depending on the violation, it could go on your driving record. While this may seem like a big risk to take, you should know that you are presumed innocent until proven guilty. At Sullo & Sullo, it is our position that since the law says the state has to prove a defendant’s guilt beyond a reasonable doubt, we should hold them to that burden.

When you return from lunch, the attorneys continue to speak with the police officers and try to get your cases dismissed. Once the attorney knows for sure that your case will not be resolved without a trial, your attorney will sit with you and hash out all the details of your case. During this conversation, please tell your attorney everything that happened at the scene of the alleged violation and any other information that you feel may be relevant to the case (Were there other cars around you that the officer may have clocked? Did the officer say anything inappropriate to you? Could anything have obstructed the officer’s view? Etc.). The attorney will usually prepare you for the questions that you will most likely be asked when you take the stand to testify.

When the judge is ready to call the first case to trial, he/she will usually begin with the oldest case on the docket. If your case is not the oldest case on the docket, YOU WILL HAVE TO RETURN ON ANOTHER DATE. While this is very frustrating, the reality is that the court doesn’t have the resources to try more than one jury trial a day in each courtroom. The court clerks will give you another court date and the Sullo attorney will return with you on that date.

If you are the defendant chosen for trial, then your attorney will instruct you to take a seat at the front of the courtroom next to him/her at the attorney table. After a few administrative tasks are taken care of, the bailiff will bring in a group of prospective jurors. Make sure to stand up when the jurors are brought into the courtroom and to smile at them.

Voir Dire

The first part of the trial is voir dire. Your attorney will conduct the entire voir dire so you can take this time to sit back and listen. Voir dire is the opportunity to question and examine the jurors to determine any hidden biases and to determine who could be fair and impartial jurors. The attorneys will ask questions and, based on the jurors’ answers, will eliminate those jurors that he feels cannot hear your case with a fair and balanced viewpoint. The first six jurors of those that remain will constitute your jury.

The remainder of the trial will consist of the state putting on its case and its witnesses, the defense putting on its case (which usually involves your testimony), and the closing argument. Usually, the state will only have one witness who will testify: the police officer who pulled you over. If the traffic ticket involved an accident, then there may be other witnesses who may testify.

When it is time for you to testify, the judge will ask you to take the witness stand. You will be instructed to raise your right hand and take an oath that what you are about to say is the truth. Then your testimony will begin.

Your Testimony

When you are testifying, you must not underestimate the importance of body language. Many jurors will study your body language and sometimes your body language will make more of an impression than your words. When you answer questions, speak loudly and clearly. Feel free to look at the jury while giving your answers, but definitely do not look down at your hands or close your eyes. You don’t want to give the jury any reason to doubt the veracity of your statements.

One of the quickest ways to destroy your case is to make contradictory statements during your testimony. Try to keep your version of what happened clear in your mind. The prosecutor may try to confuse you; be prepared for that and just answer all questions in a consistent manner. For example, don’t testify that you saw the yellow light when you passed through the intersection and then later say that you were looking down at your cell phone when you passed the light. That is a surefire way to have the jury discount your story.

Remember that when you take the stand, you are giving your side of the story but only in a question and answer format. Do not lose focus of this. Some defendants will get up on the witness stand and begin telling the story of what happened in narrative form. You will be quickly shut down by the prosecutor and the judge. If you continually try to testify in a narrative form, you will only irritate the judge and, worse, the jury. This will be detrimental to your case.

Cross-examination is when the prosecutor has the opportunity to ask you questions. The prosecutor may ask you questions in an adversarial manner. In such a situation, the best way to respond is to remain calm and polite. The prosecutor may be trying to get an angry response from you. If you become argumentative, it will only come across in a negative manner to the jury.

The final piece of advice is to relax and tell your version of what happened. Remember that you were there, the jury wasn’t. They are relying on you to get a clear and accurate depiction of what happened on the day of the alleged violation. Only answer what is asked, and if you don’t know the answer or can’t remember, be honest.

Conclusion

This article, while shedding some much needed light on the often clouded process of handling a traffic ticket in Texas, barely scratches the surface of the complexities involved for each individual violation. By hiring Sullo & Sullo to handle your case, you can be assured that you will be informed of all your rights and defenses under the law, and that you will have by your side a skillful attorney who can navigate the complicated waters of the traffic court legal system with ease.

While this article has provided an accurate description of the resolution of a typical traffic ticket, it is important to keep in mind that each violation is unique and may not follow the typical path. Furthermore, court procedures and Texas traffic law are constantly in flux and can change at any time. Therefore, if you have any particular question about your traffic ticket, we encourage you to call our office. We look forward to hearing from you.

Benefits To Hiring A Houston Or Dallas Attorney In Traffic Court

2011-12-16T02:19:00.000-08:00

What Are The Benefits To Hiring A Houston Or Dallas Attorney In Traffic Court?

After getting over the initial inconvenience (and perhaps injustice) of being pulled over and given a traffic citation, you then have to decide how you are going to handle your ticket. For those who do not have the time to go to court or research Texas traffic law, it is an easy choice: hand the ticket over to an attorney who specializes in violations in traffic court. Others, however, may feel that they can handle the traffic citation on their own. Besides, they may wonder, it’s only a minor traffic offense. How difficult and complicated could it be?

If your only concern is taking care of the ticket, then you can hand over your hard-earned money to the cities of Houston and Dallas. They will be happy to take your money from you any day of the week. You can mail in a payment and the ticket will be resolved with points going against your driving record. However, if you are not eager to give up your money to the city, care about your driving record, and want to get the best deal possible, it’s always a good idea to hire an attorney. Here are some of the top reasons why you should hire a Sullo and Sullo attorney to handle your traffic ticket.

Your attorney keeps you informed. One of the biggest benefits of having a Sullo and Sullo attorney with you in traffic court is that your attorney will keep you informed. For the ordinary law abiding/breaking citizen, traffic court often appears to be a mysterious milieu: attorneys are walking around the courtroom talking to different players; various defendants are approaching the bench at different times to speak to the judge; police officers are walking in and out of the courtroom signing mysterious sheets of paper; and bailiffs are yelling at everyone to lower their voices and follow courtroom rules. With an attorney by your side, you can remain confident that you know the rules of the court, how your case is being handled, and how the day will unravel. You will look around and see many frustrated faces, and some dazed and confused faces. But you can sit back and relax, knowing that your attorney has just informed you of all the ins and outs of courtroom procedure and protocol.

Your attorney knows what gets a traffic case dismissed in court. Many people have the misperception that traffic cases are only dismissed when an officer does not show up to court. However, there are many different angles through which a traffic case can be dismissed pre-trial. When you hire Sullo and Sullo to handle your case, you can be confident knowing that your attorney has exhausted every possible means of dismissal. From finding legal and factual mistakes on the drafted complaint to talking to the prosecutor and officer about any possible mitigating factors, your attorney will work every angle of the case with the goal of pre-trial dismissal.

Your attorney knows the rules of evidence and traffic laws. If your case does end up going to trial, you will be heavily disadvantaged if you do not have an attorney advocating on your behalf. Probably one of the most important reasons to have an attorney with you in traffic court is the attorney’s knowledge of the rules of evidence and the convoluted traffic laws of the state of Texas. While this knowledge is helpful in pre-trial matters, it is critical during the trial stage. Even the most highly-educated, well-meaning defendants fail miserably when going up against a seasoned attorney in trial. Pro se defendants often do not know how to conduct an efficient voir dire, when and how to deliver certain portions of their case at large, and how to conduct a debilitating cross examination. Also, many defendants arrive to court very well prepared armed with graphs, pictures and other evidence. They are often perplexed and stunned when the judge prevents them from showing any of the evidence to the jury because none of the items have been properly introduced in accordance with the rules of evidence. Don’t let yourself become one of these unfortunate people who are left wondering, “Why didn’t I just hire an attorney?” You wouldn’t operate on yourself if you discovered you needed gastric bypass surgery. Instead, you would seek the services of a skilled professional in that area. So, without the legal background and education of an attorney, why would you litigate a case on your own?

Your attorney knows the court system. Every Sullo attorney knows the game and how it’s played in traffic court. Our attorneys who specialize in traffic tickets are in the traffic trenches every day of the week. They are a part of the everyday routine and see the inner workings of the court system. Your attorney will know which prosecutors are the best to work deals with and which prosecutors are the best to try cases against. Your attorney will also know the nuances of each judge and tailor his/her trial tactics accordingly. Do not underestimate the value of your attorney’s everyday interaction with and exposure to all the courtroom players. Your attorney will take this vault of information and guide you through the strategy for your specific case. You will quickly know what will get you in trouble with the bailiffs in certain courts, and what you should say and what you should not say. Having an attorney with this wealth of knowledge by your side is an invaluable asset.

How do I find a good lawyer?

2010-11-26T03:08:00.000-08:00

With so many lawyers out there, how should you go about finding a good one? How can you tell a strong lawyer from a weak one? You need solid legal advice, and you want the right attorney. Do not, we repeat, DO NOT just open the phone book, close your eyes, and point to a name. Here are some guideposts to help you.

A good lawyer is ethical.

You're probably laughing right now. Can the words "ethics" and "lawyer" exist in the same sentence? Actually, it is possible, and you should absolutely insist on it. But how can you tell if a lawyer is ethical? There are some pretty good indicators.

What types of cases does he take? Lawyers have a choice about which cases they take. Look at her winning cases as well as the losing ones. No lawyer wants to lose a case, but an ethical lawyer will often be willing to take a case because it is the right thing to do and fight to the very end.Look at whether the lawyer actually tries the cases he takes in court or whether he just gathers cases for others. Ask the attorney when he last went to trial. Ask him how often his cases settle and how often his cases make it to a jury. Be sure that the lawyer specializes in your type of case. You really don't want a tax attorney to represent you in your personal injury case. An ethical attorney will only take cases in her area of expertise.

What types of clients does he represent? Does he represent big corporations or everyday people? Does he fight for the underdog? Does he hold wrongdoers accountable for their behavior?

Is he honest? Is she candid about the strengths and weaknesses of your case? A good lawyer will almost never tell her clients that the case is a "slam dunk." Those types of cases are extremely rare. Moreover, is he honest about his own strengths and weaknesses as an attorney? A good lawyer will tell you if he's particularly good in one area, but that he may ask his partner to help out in another area. He knows that two heads are better than one, and he can be honest about it. Is the lawyer truthful about his fees and costs? He should tell you what his services will cost, and there should not be any hidden fees.

What is the lawyer's reputation in the community? Is he known for his honesty, his pro bono work, his strong relationships in the legal and general community? Google the lawyer's name. See what comes up. Look for newspaper articles, websites and blogs. Make sure the attorney is in good standing with the state. Any sort of disciplinary action is a red flag. Ask around the community. Does the lawyer have a good name around town? Have any of your friends or acquaintances had experiences with him? Check his references.

A good lawyer values you as a person.

Does he look you in the eye when he's talking with you? Are you treated as a person or as just some client? Does the lawyer remember personal information about you, including your spouse's or children's names? Do you actually get to meet with him personally, or are you always sent to talk with a secretary? A good lawyer will make time for you and will return your phone calls quickly. Does he show that he understands that you have a unique situation that is quite unlike anyone else's? Has he shown that he respects your time and obligations, or does he talk on and on? Remember, a good lawyer will listen at least as much as he speaks.

Trust your gut.

It all really comes down to trusting yourself. Ask yourself: Do I like the guy? How does he treat his office staff? Do I trust this guy? Does it feel like he's trying to sell me the Brooklyn Bridge? If you don't like how you feel at that first meeting, chances are that it's not going to get any better. Listen to that little voice inside - odds are, you're exactly right.

How do I know if Sullo & Sullo is right for me?

Please browse our site and give us a call. We'd like to answer any questions you may have. Give your gut a chance to test our ethics and people skills.

Alert Cab Aimed At Curbing DWI’s

2010-10-26T05:39:00.000-07:00

By Megan Breckenridge, Staff Writer

SULLO & SULLO, LLP

Home Criminal Defense Traffic Tickets Legal Articles

HOUSTON — Harris County has long been the national leader in fatal alcohol-related auto accidents; a title that law enforcement officials are eager to relinquish. Though instances of Driving While Intoxicated (DWI) have declined in recent years thanks to aggressive educational campaigns and improved methods of screening and prosecuting suspected parties, the city still has a long way to go.

Enter “Alert Cab”, a new initiative aimed at providing a safe alternative for restaurant and bar patrons that have imbibed too much to drive home safely. Developed and supported through a partnership between Silver Eagle Distributors, L.P. and the Greater Houston Restaurant Association (GHRA), the program enables participating locations to offer guests a free cab ride home in hopes of avoiding a potential DWI, or worse, an alcohol-related collision.

Harris County Sheriff Adrian Garcia is a strong supporter of the Alert Cab program.

“Alcohol-related accidents are claiming more lives in Harris County than anywhere else in the country,” he said in an interview with Houston Community Newspapers. “Taking us off that first-place spot is everyone’s responsibility, not just law enforcement. That’s why I welcome community partners like [this].”

Alert Cab operates by offering $20 cab ride vouchers to patrons in exchange for their car keys. Clients fill out the paperwork necessary to get them home safely if the need arises, and relinquish their keys to their server. Everything is then sealed in an envelope and given to the cab driver, who returns the keys only upon the patron’s arrival home.

Tyron Malone, branch manager at the Cypress Silver Eagle site, said Silver Eagle and the GHRA contribute the money to pay for these cab rides. “[The program] curbs drunk driving and helps keep our roads safer,” he said. “As a father and community member, I’m proud to support these efforts.”

Lauren Barrash, founder and president of The Wave, a shared shuttle service for nightlife entertainment inside the 610-loop, agrees. “Anything we can do or participate in to help create safer roadways for Houstonians and her visitors, we do,” she said. “Alert Cab is a program The Wave is honored to partner with.”

GHRA President Mike Shine, said his organization hopes to help encourage patrons to drink responsibly. Still, he said, in the event that a server is faced with a dangerously intoxicated individual, they have the option to employ the Alert Cab program.

“In the past, managers would have to call a cab, often at the expense of the business,” Shine said. “Alert Cab gives our members a better approach to get the guest home safely.”

With the Alert Cab program, protecting yourself and your loved ones while out on the town is simple: Start by selecting an establishment that is partnered with the Alert Cab initiative. In the event that you have too much to drink, tell your bartender and trade in your car keys for a cab ride voucher. Arrive home safely, receive your keys, and return to get your car the next day. No amount of inconvenience is worth risking a potential DWI or alcohol-related accident.

That said, if you or someone you know has been involved in a drunk driving accident and needs legal assistance, the experienced lawyers at Sullo & Sullo, LLP are here to help. We understand that even the most stringent planning can still result in unintended consequences, and will fight to defend your rights to the full extent of the law. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

The Dangers of “Drugged Driving”

2010-10-26T05:33:00.000-07:00

By Megan Breckenridge, Staff Writer

SULLO & SULLO, LLP

Home Criminal Defense Traffic Tickets Legal Articles

HOUSTON — Drinking and driving have long been considered a dangerous and potentially deadly combination, and in recent years, instances of Driving While Intoxicated (DWI) have been on the decline in the United States. Many credit this positive trend to the multipronged and concerted effort of many stakeholders—including educators, legislators, law enforcement, media and community organizations such as Mothers Against Drunk Driving—and improved methods of screening and prosecuting suspected parties.

But while fewer drivers may be electing to drive drunk, a growing number are getting behind the wheel impaired by illegal and prescription drugs. Experts in the field say cracking down on “drugged driving” must become a national priority before it spirals any further out of control.

“Ten years ago we didn’t have nearly the amount of drug-impaired cases as we have now,” said Sgt. Susan Cotter, a drug recognition expert with the Harris County Sheriff’s Office, in an interview with the Houston Chronicle. Blood tests performed on drivers are detecting more traces of prescription drugs such as Xanax, Soma and hydrocodone—all substances that can adversely affect judgment, reaction time and motor skills. The tests are also increasingly detecting mixtures of prescription and illegal drugs taken with alcohol, which can exacerbate impairment.

According to the National Highway Traffic Safety Administration’s (NHTSA) 2007 National Roadside Survey, more than 16 percent of weekend, nighttime drivers tested positive for illegal, prescription or over-the-counter medications. And the 2008 National Survey on Drug Use and Health (NSDUH) found an estimated 10 million people aged 12 and older drove under the influence of illicit drugs during the year prior to being surveyed.

In addition, NSDUH reported the following:

· In 2008, an estimated 12.4 percent of persons aged 12 and older (30.9 million persons) drove under the influence of alcohol at least once in the past year. This percentage has dropped since 2002, when it was 14.2 percent.

· Driving under the influence of an illicit drug or alcohol was associated with age. In 2008, an estimated 7.2 percent of youth aged 16 or 17 drove under the influence. This percentage steadily increased with age to reach a peak of 26.1 per- cent among young adults aged 21 to 25. Beyond the age of 25, these rates showed a general decline with increasing age.

· Also in 2008, among persons aged 12 and older, males were nearly twice as likely as females (16 percent versus 9 percent, respectively) to drive under the influence of an illicit drug or alcohol in the past year.

In recent years, more attention has been given to drugs other than alcohol that have increasingly been recognized as hazards to road traffic safety. Some of this research has been done in other countries or in specific regions within the United States, and the prevalence rates for different drugs used vary accordingly. Overall, marijuana is the most prevalent illegal drug detected in impaired drivers, fatally injured drivers, and motor vehicle crash victims. Other drugs also implicated include benzodiazepines, cocaine, opiates, and amphetamines.

Drugged driving laws have lagged behind alcohol-related driving legislation, in part because of limitations in current technology for determining drug levels and resulting impairment. For alcohol, detection of blood alcohol concentration (BAC) is relatively simple, and since concentrations greater than 0.08 percent have been shown to impair driving performance, that is the legal limit in the U.S. But for illicit drugs, there is no agreed-upon limit for which impairment has been reliably demonstrated, and determining current drug levels can be difficult, since some can linger in the body for days or weeks after initial ingestion.

In the absence of Federal legislation addressing the problem of drugged driving, some states have adopted the per se standard. These laws indicate that it is illegal to operate a motor vehicle if there is any detectable amount of a controlled substance in a driver’s blood. This has been the national standard for commercial drivers since 1988, and is also widely used in the developed world outside the U.S., including Western European nations, Canada, Australia and New Zealand. It is beneficial because prosecutors don’t have to meet more complex standards of guilt, and drivers know that if they do not abstain completely from the use of illegal drugs before getting behind the wheel, they face the risk of a DWI conviction.

Other State laws define “drugged driving” as driving when a drug “renders the driver incapable of driving safely” or causes the driver to be impaired”. In addition, 44 states and the District of Columbia have implemented Drug Evaluation and Classification Programs, designed to train police officers as Drug Recognition Experts. Officers lean to identify characteristics in a person’s behavior and appearance that may be associated with drug intoxication. If the officer suspects drug intoxication, a blood or urine sample is submitted to a laboratory for confirmation.

In addition to these efforts, the Office of National Drug Control Policy is calling for a reduction in accidents and fatalities over the next five years and for more education and research on how drugs affect the ability to drive.

“We’ve made progress on DWI,” said R. Gil Kerlikwoske, President Barak Obama’s top drug policy adviser. “We need a very clear message on not using drugs and driving.”

Locally, the Harris County Sheriff’s Department launched a targeted DWI enforcement program in July that includes no refusal and public education. Two dozen agencies in the Houston area also have police officers that have undergone drug-recognition training.

A new Texas state law, which went into effect last September, requires mandatory blood testing in specific DWI violations, including when the driver has two or more prior DWI convictions, the driver has a child younger than 15 in the car or the driver causes a fatality or injury. It has helping catch drugged drivers who might go undetected with a breath test.

If you or someone you know has been involved in a drugged driving accident and needs legal assistance, the experienced lawyers at Sullo & Sullo, LLP are here to help. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

Television Stars Call It Quits After Eight-Month Marriage

2010-10-21T05:08:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP
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HOUSTON — Apparently, “’Till death do us part,” was merely a suggestion for two of television’s most visible stars, who have elected to divorce after eight short months of matrimony.
Mad Men actress Elizabeth Moss—who plays Peggy in the popular AMC series—filed for divorce from Saturday Night Live comedian Fred Armisen in Los Angeles on Monday, September 20. However, Entertainment Tonight reported that Moss listed June 26 as the date of the couple’s separation, only eight months after they were married in an intimate ceremony in Long Island City.
Moss cited irreconcilable differences in her petition. According to Star magazine, she wants to prevent Armisen from getting spousal support. Sources close to the couple said Moss’s ties to the controversial Church of Scientology were behind the split. Us Weekly Magazine quoted one insider as having said, “Her religion was as important to her as their marriage, if not more. [Armisen] could not get with it.”
Others have speculated that their busy schedules were problematic, and they couldn’t make their long-distance relationship work. Whatever the reason for divorce, neither spouse seems to be wasting any time moving on. Armisen is reportedly dating SNL castmate Abby Elliot, 23, while Moss has been linked to Bosnian actor Edin Gail.
Moss and Armisen met in October 2008, when she was a guest star on SNL, along with Mad Men co-star Jon Hamm. They became engaged the following January and were married last October 25. Armisen was previously married to British singer-songwriter Sally Timms.
Before being cast in Mad Men, Moss had a small role in the drama series The West Wing, appeared briefly in the medical drama Grey’s Anatomy, and appeared alongside Winona Ryder and Angelina Jolie in the movie Girl, Interrupted. She was nominated for an Emmy Award for Outstanding Lead Actress for her work on Mad Men in 2009.
Fred Armisen joined the cast of SNL in 2002, and has also appeared on 30 Rock and The Sarah Silverman Program, among other popular shows. He has a cameo in the comedic movie Easy A, and will play Brainy in the Smurfs movie scheduled for release next year.
The dissolution of a marriage, regardless of the length of your union, is never easy.

If you or someone you know is facing a split, it pays to consult a professional about how best to protect your interests and assets. The experienced lawyers at Sullo & Sullo, LLP understand the emotional and financial ramifications of divorce and are here to help. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

Paris Hilton’s Drug Problems Follow Her Overseas

2010-10-21T04:36:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP
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HOUSTON — Stars in the United States have long enjoyed our nation’s brand of “celebrity justice”, but overseas their status is often overlooked. Case in point: The Japanese government’s recent refusal to allow Paris Hilton into the country after pleading guilty to misdemeanor drug charges in Las Vegas.
Hilton joined the ranks of such pop icons as Paul McCartney and the Rolling Stones when she was delayed by immigration authorities at Narita International Airport and officially denied entry into Japan. Her trip came just two days after she plead guilty to drug possession and obstructing an officer; and was sentenced to one year of probation, a $2,000 fine, 200 hours of community service and completion of a substance-abuse program. Japan has strict immigration laws that bar entry to those convicted of drug offenses, although exceptions are occasionally granted.
The 29-year-old celebrity socialite was supposed to promote her fashion and fragrance lines at a news conference on the morning of Wednesday, September 22, in Tokyo. She arrived Tuesday evening but was stopped at the airport and spent the night at a hotel there after being questioned by officials.
Tokyo was the first stop on Hilton’s planned Asia tour, during which she was to visit Kuala Lumpur, Malaysia, and open a new retail store in Jakarta, Indonesia. She was forced to cancel all of her appearances, which she has said she will make up at a later date.
Hilton’s trip was scheduled before her arrest last month in Las Vegas, when an officer found a small amount of cocaine in her purse. She was given a one-year suspended sentence, the terms of which stipulate that if she is arrested for anything besides a minor traffic violation in Vegas within the next year, she will have to serve a full year in prison. The conditions did not, however, restrict her travel overseas.
Japan has taken a hard line with famous figures in the past, including rock legends, The Rolling Stones, who struggled for years to gain entry to the country because of drug convictions among the group’s members. Former Beatle Paul McCartney was also deported in January 1980, when he was arrested at Narita airport for marijuana possession while touring with his band, Wings.
Kazuo Kashihara, an immigration official at Narita International Airport, said if Hilton had applied for an entry permit in advance of her arrival, there might have been a chance for Japan’s minister to consider an exception in her case. Instead, “She just showed up the day after [pleading guilty],” he said.
According to a statement issued by Hilton’s publicist, Dawn Miller, “Paris is very disappointed and fought hard to keep her business commitments and see her fans, but she is forced to postpone her commitments in Asia. Paris understands and respects the rules and laws of the immigration authorities in Japan and fully wishes to cooperate with them.”
Drug charges can affect every aspect of your life, including business relationships and your ability to earn a living. If you or someone you know are facing accusations of this nature, please contact the experienced team at Sullo & Sullo, LLP. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

Proposition 8: The Legal Battle Over Gay Marriage In California

2010-10-21T04:08:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP
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HOUSTON—The majority of U.S. states have Defense of Marriage Acts, which define marriage as a union between one man and one woman. But across America, gay rights activists are challenging state bans on same-sex marriage, arguing that such laws violate equal-protection guarantees in state constitutions. These arguments first proved persuasive in Massachusetts in 2003, and they have since had success in other state courts.
The battle over gay marriage has been raging in California since the beginning of 2000, when the state first started registering domestic partners and affording same-sex couples the benefits of hospital visitation and health insurance coverage for the dependents of government employees covered by CalPERS, the state’s retirement system. While groundbreaking, the law was not nearly enough to satisfy gay rights activists hoping to win the right to marry. Here is timeline from 2000 to present on the fight for same sex marriage in California:

March 7, 2000: More than 61% of Californians vote “yes” to Proposition 22, a ballot measure declaring that marriage should remain reserved for couples of the opposite sex.

October 14, 2001: Gov. Gray Davis signs a bill that expands the rights of domestic partners to include the right to make medical decisions for a hospitalized partner, use of sick leave to care for an ill or incapacitated partner, and to relocate with a partner without losing unemployment benefits, among others.

September 19, 2003: Gov. Davis signs a bill that gives state-registered domestic partners many of the legal rights and obligations of married couples in matters involving children, money and property. While the law does not go so far as to recognize gay marriage, it does give a partner the right to financial support and child custody following the dissolution of a partnership, and a survivor the right to collect his or her partner’s government benefits in the event of death.

February 12, 2004: San Francisco Mayor Gavin Newsom instructs city officials to issue marriage licenses to same-sex couples, the first action of its kind in the nation. Dozens of couples are married, as city offices stay open late to accommodate long lines.

March 3, 2004: The Los Angeles County Board of Supervisors and the Los Angeles City Council pass resolutions opposing a constitutional amendment to ban same-sex marriage.

March 11, 2004: The California Supreme Court unanimously orders San Francisco to stop issuing marriage licenses to gay couples and says it will rule on the legality of the city’s actions within the next few months.

August 12, 2004: The California Supreme Court rules unanimously that San Francisco's mayor overstepped his authority by issuing same-sex marriage licenses. By a 5 to 2 vote, the court also declares the roughly 4,000 marriages of gay and lesbian couples that had been sanctioned by the city "void from their inception and a legal nullity."

December 21, 2004: A San Francisco judge hears arguments on same-sex marriages. At the heart of the consolidated lawsuits, brought by the city of San Francisco and a dozen gay and lesbian couples, is the contention that current law defining marriage as "between a man and a woman" violates the state Constitution by denying homosexuals the "fundamental right" to marry the person of their choosing.

June 29, 2005: The California Supreme Court declines to hear a challenge to the state's domestic partners benefits law. Critics of the law thought such benefits would be prohibited by Proposition 22.

August 22, 2005: The California Supreme Court rules that children born to gay couples have two legally recognized parents; the first such ruling in the nation.

September 29, 2005: Gov. Arnold Schwarzenegger vetoes a same-sex marriage bill after it passes the Senate and Assembly. Schwarzenegger says the bill would wrongly reverse Proposition 22, which declares that marriage is only between a man and a woman.

June 5, 2007: A measure to legalize marriage for gay couples easily passes the California Assembly after a respectful debate. As he did in 2005, Gov. Schwarzenegger is expected to veto the measure.

September 19, 2007: San Diego Mayor Jerry Sanders abruptly reverses his public opposition to same-sex marriage. In an emotional statement, Sanders says he realizes that he cannot tell his daughter Lisa, who is gay, that her relationship with a partner is not as important as that of a straight couple.

October 12, 2007: Gov. Schwarzenegger vetoes a bill approved by state lawmakers that would legalize gay marriage. He says the courts need to rule on the legality of Proposition 22, the gay marriage ban passed by voters.

March 4, 2008: The California Supreme Court considers four lawsuits brought by same-sex couples after San Francisco issued marriage licenses in 2004. Three of the court's seven justices indicate they will uphold state law defining marriage as between a man and a woman. Ruling expected within 90 days.

May 15, 2008: The California Supreme Court rules that the state Constitution protects a fundamental "right to marry" that extends equally to same-sex couples. The three dissenting justices argue that it is up to the electorate or the Legislature to decide whether gays should marry.

June 2, 2008: More than one million signatures are submitted for a ballot measure that would amend the state Constitution to define marriage as a union "between a man and a woman" and undo the California Supreme Court ruling allowing gay marriages.

June 16, 2008: County registrars and clerks in Los Angeles, San Francisco, Alameda, Sonoma and Yolo counties keep offices open to allow at least two dozen same-sex couples the distinction of being among the first to wed. Seven Southern California Roman Catholic bishops, including L.A. Cardinal Roger Mahony, publically reaffirm their opposition to same-sex marriage.

July 16, 2008: The California Supreme Court rejects arguments that Proposition 8, which if passed by voters would amend the state Constitution to ban gay marriage, is an illegal constitutional revision. Justices also reject the argument that voters had been misled when they signed petitions to put it on the ballot.

November 4, 2008: California passes Proposition 8 with about 52% of the vote.

November 19, 2008: The California Supreme Court votes 6 to 1 to review legal challenges to Proposition 8, but refuses to permit gay weddings to resume pending a final decision.

March 2, 2009: The California state Senate approves a resolution calling Proposition 8 an improper revision of the California Constitution because it was not approved by the Legislature.

March 5, 2009: The California Supreme Court strongly indicates it will rule that Proposition 8 validly abolished the right for gays to marry but will allow same-sex couples who wed before the November election to remain legally married.

May 26, 2009: The California Supreme Court upholds Proposition 8's ban on same-sex marriage but also rules that gay couples who wed before the election will continue to be married under state law. Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents pledge to fight any such effort.

May 27, 2009: Opening a new front in California's gay marriage battle, prominent attorneys working for a project of the American Foundation for Equal Rights announce they will file suit in federal court. The suit calls for an injunction against Proposition 8 and the immediate reinstatement of marriage rights for same-sex couples.

October 14, 2009: A federal judge refuses to dismiss a constitutional challenge to Proposition 8, ruling the voter-approved ban on same-sex marriage raised legal and factual issues that required a trial.

Aug. 4, 2010: A federal judge in San Francisco rules that gays and lesbians have a constitutional right to marry, striking down Proposition 8. U.S. District Chief Judge Vaughn R. Walker says Proposition 8, passed by voters in November 2008, violates the federal constitutional rights of gays and lesbians to marry the partners of their choice.

August 16, 2010: In a brief order, the 9th Circuit Court puts the legal battle over Proposition 8 on hold while it considers the constitutionality of the state's ban on same-sex marriage. The appeals court agrees to stay Chief U.S. District Judge Vaughn Walker's order last week that would have barred the state from enforcing Proposition 8.

August 31, 2010: The Pacific Justice Institute, a conservative legal group in California, petitions the 3rd District Court of Appeal for an emergency order that would require Gov. Arnold Schwarzenegger and Attorney General Jerry Brown to defend California's gay marriage ban in court.

September 8, 2010: The California Supreme Court denies the petition from The Pacific Justice Institute seeking to force California Gov. Schwarzenegger and Attorney General Brown to participate in an appeal of the Proposition 8 case. The full court issues its decision with a simple two-sentence declaration.

The legal battle over gay marriage in California has been a lengthy one, and is not over yet. Arguments from both sides will be heard by the 9th Circuit Court on December 6, 2010, which could push a decision into next year. In the meantime, same-sex marriages will remain on hold.
If you or someone you know is in need of legal counsel regarding family matters or divorce, contact the experienced team at Sullo & Sullo, LLP. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

High-Speed Chase Ends on Dallas Love Field Runway

2010-10-21T04:05:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP
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DALLAS—an hour-long police chase late last month ended in the arrest of a suspect wanted in connection with several robberies in the Dallas area. Michael Lawrence Brown, 46, was taken into custody next to one of Love Field airport’s busiest runways after leading police on a high-speed chase through the city.
Police said that a gray Chevy pickup, which had been stolen at knifepoint from the Sheraton Hotel in Fort Worth, was spotted at an apartment complex in the area of Preston Road and Belt Line Road in north Dallas around 2:30 p.m. on Thursday, August 19. This started a chase that ran down the service roads of Central Expressway.
After heading through neighborhoods and even traveling south into the downtown area, Brown turned the pickup truck northbound and wound up at Love Field.
With no other way to go, he easily smashed through a security gate off of Aviation Place and found himself on the tarmac not far from nine Southwest passenger jets. But he didn’t stop there: Brown drove east over an active runway (31R) before turning and continuing up the taxiway. He crossed Runway 18 and was boxed in by four cruisers and an unmarked police truck, then was forced onto the grass north of Runway 18 in between the taxiway and Runway 13L. One officer used a pit maneuver to force the truck into a spin, and the chase was over.
In the wake of this dramatic pursuit, the Dallas Police Department has put the entire chase under review. It has been noted that officers had multiple opportunities to bring the chase to an end before Brown reached the airport, opting not to use the pit maneuver on two separate occasions, since it violated the department’s new chase policy. But a Dallas police car ended the chase with a pit maneuver, ramming the stolen truck and forcing it to stop, which the department contends was in response to “extenuating circumstances”.
Also under scrutiny are the seemingly thin defenses for Love Field, which have raised concerns that vehicle driver with more mayhem in mind than simply avoiding law enforcement could mimic the move. But officials declined to comment on possible changes or improvements to the current airport design, because “if [they] talk about [their] security program, it ceases to be a security program.”
Though high-speed chases like this one are more often seen on the big screen than in real life, minor traffic incidents occur on our city streets every day. If you or someone you know has been cited for traffic violation, contact the experienced team at Sullo & Sullo, LLP. Our lawyers are leaders in traffic ticket defense in both Dallas and Houston, and are here to help. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

Feds Crack Down on Illicit Prescription Drug Sales

2010-10-13T01:39:00.000-07:00

By Megan Breckenridge, Staff Writer

SULLO & SULLO, LLP

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HOUSTON—Pharmacies in Illinois and Utah stand accused of illicit prescription drug sales over the Internet, according to court papers filed by federal agents in two U.S. cities.

Search warrant affidavits allege that both pharmacies, one in Des Plaines, Illinois, and the other in American Fork, Utah, are owned by the same man, Kyle Rootsaert. The company in Des Plaines, now called Rand Pharmacy, combined with another unidentified online pharmacy shipped 30,000 packages of prescription drugs across the country during the first six months of 2010.

"This is a pretty large ring of at least 200 websites that acted as internet pharmacies that were basically selling drugs—prescription drugs—without requiring a valid prescription," John Horton, a former official in the White House Office of National Drug Control Policy, said in an interview with CNN. "These affidavits indicate this was a multiyear, multimillion-dollar operation involving thousands and thousands of prescriptions. Going back in time, there were even deaths involved with this organization."

According to the court documents, the majority of the drugs were highly addictive, especially the muscle relaxants Soma and Tramadol. And the same physician, Dr. William E. Morrow of Layton, Utah, authorized most of the prescriptions without ever having seen or talked to any of the people ordering the drugs.

In 1999, Morrow lost his right to dispense controlled drugs for three years because he did not follow proper prescription procedures, Utah records show. He was also fined $1,000, but regained his right to prescribe controlled medications in 2002. His right to practice medicine was never taken away.

Federal agents bought drugs from the online pharmacies between 2008 and April 2010 without a prescription, the affidavits say. The pills were delivered within a day or two, and dozens of follow-up emails were sent encouraging the agents to purchase more drugs. Also in 2008, a correspondent for CNN’s Special Investigation’s Unit was able to obtain the antidepressant Prozac without a prescription from the accused pharmacies.

There are countless reasons to be cautious when ordering medications online, including the sale of altered drug formulations, and expired or counterfeit products. To be sure that you are getting your medication from a reputable source, it is best to visit a licensed brick and mortar pharmacy or use an online pharmacy that has been certified by the Verified Internet Pharmacy Practice Sites (VIPPS) program at legitscript.com.

If you or someone you know has been harmed by pharmaceutical drugs, contact the experienced team at Sullo & Sullo, LLP. Call us at 713.839.9026 or visit our website at www.sullolaw.com for a free legal consultation today.

DWI and No-Refusal Weekends in Texas

2010-07-20T23:24:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

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HOUSTON—In 2008, the National Highway Traffic Safety Administration (NHTSA) reported a total of 37,261 auto accident fatalities in the United States; 11,773 (32 percent) of which involved a driver whose blood alcohol content was above the legal limit. Perhaps even more disturbing are statistics that show Texas as the national leader in alcohol-related crashes, with 1,269 drunk driving deaths documented that year.

Given this information, it’s easy to see why alcohol and drug-related traffic offenses, commonly known as Driving While Intoxicated (DWI), are frequently prosecuted criminal offenses in Texas. If the alcohol concentration in a person's blood, breath or urine is .08 percent or higher, the person is considered intoxicated by law.

In some cases under Texas DWI law, the legal definition of intoxication is met even if a person's blood alcohol concentration is lower than .08 percent. Having alcohol, drugs or a controlled substance in one's body that causes loss of normal use of mental or physical faculties is also considered intoxication. If a person is operating a vehicle, vessel or even water skis in a public place, he or she is considered to be DWI, which is a Class B misdemeanor in Texas. Boating and operating an aircraft while intoxicated are also considered to be crimes.

The minimum amount of jail time in Texas for DWI is 72 hours, unless there is an open container of alcohol in the person's possession, in which case the jail time is at least six days. Consuming any amount of alcohol while operating a motor vehicle is also an offense in Texas.

In addition to jail time, a person who is convicted of DWI the first time will have his or her driver's license suspended for 90 days up to one year. Even if there is no conviction, the positive indication of alcohol from a blood, breath or urine test will result in automatic suspension of the person's driver's license. The option to complete a court-approved DWI education course within 180 days of conviction may be offered as a means of avoiding this suspension. A person who fails to complete such a program when sentenced to do so may lose his or her license. If the case presents unusual facts (i.e.—an accident, alcohol problem, bad driving record, etc.), additional conditions may be imposed. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction and include, but are not limited to, the installation of an ignition interlock device; alcohol treatment; an order to consume no alcohol; confinement; and restitution.

A DWI Second Offense is considered a Class A Misdemeanor, and requires the court to order, as a condition of release from jail on bond, the installation and maintenance of an ignition interlock device. This machine requires a breath sample before it will allow an individual to start his or her car, and periodic samples while driving to monitor and ensure sobriety. New technology has made the devices “user sensitive” so that another person cannot blow into the machine for the accused.

A DWI Third Offense (or greater) is considered a Third Degree Felony in Texas, and comes with a mandatory jail sentence of not less than two years nor more than ten years, along with many other stipulations and restrictions.

Refusing to submit to a blood, breath or urine test in Texas also carries penalties. If an officer has reason to believe that a person is driving while intoxicated, and the driver refuses to submit to a test, the person's driver's license will be automatically suspended for a minimum of 90 days if the person is 21 years of age or older, and for at least one year if the person is under 21. The period of license suspension increases with every subsequent test that shows an alcohol concentration above the legal limit, and with each time a person refuses to submit to alcohol testing. For example, if a person refuses to be tested for intoxication and there has been an alcohol or drug related conviction or license suspension within the previous five years, the person will lose his or her license automatically for one year. Under any circumstances, however, the person is entitled to a hearing.

In spite of these consequences, the number of DWI arrestees in Texas refusing to submit to a test has remained at roughly 50 percent. As a result, law enforcement agencies and prosecutors’ offices across the state have begun to use search warrants to obtain blood samples when suspects refuse to submit to a breathalyzer test, in a new program called “No-Refusal Weekends”. According to the Harris County District Attorney’s Office, the initiative aims to “ensure a breath or blood sample from every suspect pulled over for suspected DWI, full prosecution of these offenders, and, more importantly, a decrease in the number of fatalities over holidays.”

During no-refusal operations, which to date have been held during major holiday weekends, if a suspect is arrested on suspicion of DWI and refuses to submit to a breath or blood test, the arresting officer prepares an affidavit in support of a search warrant application. The affidavit must recite facts that demonstrate that the officer has probable cause to believe that the suspect is under the influence, and that evidence of alcohol or drugs will be found in their blood. The officer then presents the affidavit to a judge who reviews if for probable cause. In practice, the police rarely appear in person to swear to the affidavit. Rather, the typical practice is for them to fax it or recite it over the phone to a judge who is “on call” for the operation. Once the warrant is approved, the arresting officer can obtain a blood sample without the suspect’s consent.

No-Refusal Weekends have been met with opposition from citizens claiming they are a violation of basic rights and the Constitutional ban on unreasonable search and seizure. Proponents, however, argue that not only will the program pull offenders from the streets, it may serve as a deterrent to those who previously thought they could side-step the law.

"If you or someone you know has had the misfortune of being involved in a drunk driving incident and need legal assistance, the experienced attorneys at Sullo & Sullo, LLP are here to help. Contact us at 713-839-9026 or visit our website at www.sullolaw.com to schedule your free consultation today."
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Texas Driver Responsibility Program under Fire

2010-07-15T08:24:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

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HOUSTON—it is common knowledge that drunken-driving laws in America vary from state-to-state, but in Texas, they often differ between counties. This “checkerboard” system of enforcement has recently come under fire, with local judges, lawmakers and upset residents calling for congruent reform and the elimination of hefty surcharges often imposed on top of criminal penalties.
Criminal Justice Committee Chairman John Whitmire, D-Houston, has taken special issue with the state’s Driver Responsibility Program (DRP), which includes a surcharge of $1000 annually for three years for first-time driving-while-intoxicated (DWI) offenders. Too often, motorists simply opt not to pay the fines, which Whitmire and law officers said means more people driving without licenses or insurance.
The DRP was created in 2003 as a funding tool for trauma care centers and transportation projects. The program established a system that assigns points to moving violations, and applies subsequent automatic surcharges to offenders.
Under the DRP:Points are accumulated for moving violation convictions. For any consecutive three-year period in which a driver accumulates 6 points, he or she is assessed a $100 annual surcharge that is imposed annually until such time as his or her point total drops below 6. Each additional point on a driver's record will cost an additional $25 a year;
Under the program, driving while intoxicated carries an automatic $1,000 annual surcharge for a first offense. Each subsequent conviction carries an additional $1,500 annual surcharge; Driving without a license carries a $150 penalty, plus a $100 annual surcharge, making the total violation $450. Driving with an invalid license would cost a driver $150, plus a $250 annual surcharge, making the total violation $900;
Texans caught driving without proof of insurance would be required to pay a $250 fee, plus an automatic annual surcharge of $250 for three years from the date of their conviction, making the total cost of the violation $1,000; and Should a driver commit one of these latter two violations again within that three years, they would be assessed an additional annual surcharge.
Critics of the program argue that many Texans affected by these automatic surcharges are first-time offenders, students, single parents or low-income families, who are faced the choice of either complying with the law or paying for their education, rent food or emergency expenses like car repairs or medical bills. Others simply opt not to pay, and as of April 2010, 1.2 million Texans owed the state more than $1 billion in unpaid surcharges.
For proponents of the DRP, whatever money has been collected through the program has been a godsend. Quoted in the July 2010 issue of Texas Medicine Magazine, Dr. Ronald Stuart, MD, chair of the Trauma Stystems Committee of the Governor’s EMS & Trauma Advisory Council (GETAC) said, “The expansion of Texas trauma centers under the DRP has led to improved coverage of timely access to care when people need it the most. What we’re talking about is access and quality of care…[which is] why preserving the DRP and other funding programs is important.”
Dr. Stewart said that most trauma physicians and trauma facility administrators are sympathetic to the challenges inherent in the DRP and are willing to work to improve the program. “We’re not opposed to making the system better. We believe that in spite of its problems, the DRP is, in general, a fair and equitable way to pay for uncompensated trauma care in Texas.”
Dr. Stewart’s opponents, however, couldn’t disagree more.With Texas’ varying DWI laws, Sen. Whitmire asserts prosecutors are recognizing that the surcharges imposed by the program are “a burden [defendants] can’t meet and they’re allowing them to plead to something other than DWI.” He voiced concern that the absence of a formal DWI charge would hide an individual’s first drunken-driving offense, allowing him to avoid enhanced penalties if he offends again.
In Harris County, for example, District Attorney Pat Lykos’ office allows defendants facing drunken driving charges for the first time to plead guilty to DWI with the option of completing a strictly probated program, after which the conviction can be wiped off their record. And in Bexar County, District Attorney Susan Reed dealt with a backlog of cases by allowing first-time DWI offenders to plead instead to a charge of “obstruction of a highway—intoxication”. Both options allow the accused to avoid the DRP-imposed surcharges.
Perhaps the only thing that parties on either side of the debate can agree on is that the DRP is not perfect, and as such, the Senate Transportation and Homeland Security Committee, headed by Sen. John Carona, R-Dallas, has been given the responsibility of vetting it before the 2011 legislative session. The Texas Department of Public Safety (DPS) is also working on new rules for the program to ease the surcharges for lower-income drivers.
Until such time that the existing surcharges are reduced or eliminated, being charged with DWI anywhere in Texas can have serious and life-changing consequences. If you or someone you know has been involved in a drunk driving incident, contact the experienced team of attorneys at Sullo & Sullo, LLP. Our lawyers understand how much is at stake in a DWI case and will fight for your rights. Call us at 713.839.9026 or visit our website at http://www.sullolaw.com/ for a free legal consultation today.

PROTECT YOURSELF FROM THIRD PARTY CAPTURE

2010-07-13T00:35:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

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HOUSTON—If you or someone close to you has been injured in an accident, you know how physically and emotionally traumatic the experience can be. It stands to reason then, that accident victims should be given time to recover and fully understand the ramifications of the accident before they are expected to negotiate personal injury compensation.

Unfortunately, insurance companies have begun to employ a settlement method called “third party capture” with alarming frequency, despite mounting criticism from consumers, legal experts and injury watchdogs. The practice involves contacting injured victims of accidents—people who would potentially make a claim for personal injury compensation—directly, and offering them a settlement before they have taken legal advice.

These offers are often far less than the amount of compensation the victim could have received if he or she had first consulted with an injury claims specialist.

Insurers defend the method, which they refer to as “third party assistance”, as a means of reducing unnecessary legal costs and enabling claimants to receive compensation more quickly than if they contact a legal representative. Consumer and claimant groups, however, argue that the practice puts undue pressure on victims to accept lower settlements, and to settle without considering all of their options.

In December 2009, the Financial Services Authority (FSA) concluded that third party capture was not inherently detrimental to claimants, but that there was a risk, in some cases, that they would settle for less than what they were entitled to.

The findings, published in a fact sheet, reminded insurers of their obligations to make sure unrepresented claimants were fully informed of their rights—including their right to independent legal advice—and that their interests were properly safeguarded.In response to the FSA’s release, the Association of British Insurers (ABI) published a voluntary code of practice on “third party assistance” and a consumer guide.

Under the code, unsolicited personal visits are banned, and insurers are only allowed to contact unrepresented claimants for the first time by telephone, text, email or letter. Phone calls are to be followed up in writing, and texts are limited to one message asking the claimant to call back. If there is no response, no further texts are to be sent.

The code also states that at each stage of the process, insurers must remind claimants of their right to seek independent legal advice and of the other options for pursuing their claim, such as through the court.In June 2010, the Association of Personal Injury Lawyers (APIL) responded with a warning to consumers to “Beware of the ‘wolf in sheep’s clothing’,” referring to the ABI’s insurance guide. “[We have] been long concerned about a growing trend for the insurer of the person who caused the injury to make direct contact with the victim, offering to settle the compensation claim direct,” the APIL said in a press release.

“We have sent evidence to the FSA to illustrate occasions when insurers have quite clearly attempted to under-settle claims in these circumstances…[and] have also heard about quite shameful pressure to settle being brought to bear on vulnerable and injured people.”One of APIL’s key concerns is that most people know nothing about the compensation system, which makes it difficult for them to judge whether or not the compensation they are being offered is fair or correct. They also express concern about the part of this approach that involves people being “cold-called” by insurers, when they are at their most vulnerable.

The APIL recommends that injured parties seek independent advice about such key aspects of their case as medical reports, rehabilitation, and the level of compensation to be expected.

What is cited in the ABI’s guide as an “unnecessary” legal cost might make all the difference in putting someone’s life back on track after being sidelined by a needless injury.

If you or someone you know has been the victim of an accident and require independent legal advice to receive the compensation you deserve, contact the experienced team at Sullo & Sullo, LLP. Our lawyers understand how difficult it can be to recover from the emotional, physical and financial setbacks of a personal injury and are here to help. Call us at 713.839.9026 for a free legal consultation today.

High-profile Divorces

2010-07-13T00:23:00.000-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP

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HOUSTON—We’ve all heard the sobering statistics about divorce rates in the United States, where the cost of dissolving a marriage is relatively low and the process simple. But for high-profile couples with piles of cash and material assets, parting ways can be a costly and complicated affair.Anyone with cable or Internet access knows the sordid details of Tiger Woods and Elin Nordegren’s split, which is rumored will soon be settled for a staggering $100 million. Amazingly, theirs will not be the most expensive A-list divorce to date. Here is a look some of the costliest celebrity divorces:
1. Mick Jagger and Jerry Hall.Estimated settlement: $15 to 25 million.The Rolling Stones’ front man and sexy supermodel met in 1977 and had two children together before tying the knot in a traditional Hindi wedding ceremony in Bali, Indonesia in 1990. Hall filed for divorce in 1999 after learning that Jagger had fathered a child with another woman. Jagger, worth an estimated $325 million at the time, successfully challenged the legality of the Balinese wedding and was granted an annulment. Hall walked away with only a fraction of his estate.
2. Michael and Diandra Douglas.Estimated settlement: $45 million.The couple met in 1977 at a Jimmy Carter inauguration party and wed six weeks later. During the course of their marriage, Michael became one of Hollywood’s top earning actors, starring in box office hits like Fatal Attraction, Wall Street and Basic Instinct. Amid rumors of the actor’s infidelities and alcohol abuse, the couple separated in 1998. Diandra was awarded an estimated $45 million in 2000, plus homes in Beverly Hills and Majorca. In June 2010, the couple returned to court to dispute Diandra’s claim to a portion of the proceeds from Michael’s upcoming Wall Street: Money Never Sleeps. If the film is ruled to be a spin-off of the original Wall Street, which Michael filmed while they were together, Diandra will be entitled to a share of his earnings per their divorce settlement.
3. James Cameron and Linda Hamilton.Estimated settlement: $50 million.The famed director wed the star of his first two Terminator movies in July 1997. Though their marriage lasted a mere 18 months, they conceived a daughter together during that time. Their divorce settled shortly after Titanic was released, and Cameron was forced to give Hamilton more than half of the film’s revenues.
4. Sir Paul McCartney and Heather Mills.Estimated settlement: $50 million.The Beatles rocker married the former model and charity campaigner in 2002, with McCartney reportedly shunning Mills’ offer of a prenuptial agreement. In 2006, the pair began bitter divorce proceedings, which garnered a great deal of press and were not resolved until March of 2008. They have a daughter together who, in addition to Mills’ nearly $50 million settlement, will receive over $44,000 per year until her 18th birthday.
5. Madonna and Guy Ritchie.Estimated settlement: $76 million.The Material Girl wed the British film director in 2000, two years after they met at a dinner party hosted by Sting and his wife Trudie Styler. The pair have two children together, Rocco, 8, and David, 3, who was adopted from Malawi. They share custody of the kids, and Madonna shared a large chunk of her estimated $450 million net worth with Ritchie when they settled their divorce for $76 million in 2008.
6. Steven Spielberg and Amy Irving.Estimated settlement: $100 million.Famed director Spielberg and up-and-coming actress Irving met in 1979, had a son, and later married in 1985. But by 1989 the passion between them had fizzled and the amicably parted ways, with Spielberg giving Irving a $100 million settlement to show there were no hard feelings.
7. Neil Diamond and Marcia Murphey.Estimated settlement: $150 million.Neil Diamond has known international signing success since the ‘60s, and during his career has sold more than one million records worldwide. When he met the woman who would share his life for 25 years, he was already married to his first wife. Apparently Diamond went out for cigarettes in November 1969 and never returned. Three weeks later he had divorced and married TV producer Marcia Murphey. In 1994, following rumors of extramarital affairs on Diamond’s part, Murphey filed for divorce citing “irreconcilable differences”. Their settlement was for $150 million, half his fortune, which the singer claims he gave her cheerfully. “She’s worth every penny,” he said.
8. Rupert and Anna Murdoch.Estimated settlement: $1.7 billion.One of the richest men in the world, Rupert Murdoch developed his worldwide media empire when he inherited his father’s Australian newspaper in 1952. He married Anna in the early ‘60s and they remained together for 32 years and had three children.
The pair split on good terms in 1998 but when Rupert forced Anna off the board of News Corporation, things turned ugly. Rupert finally agreed to give his wife $1.7 billion worth of his assets, $110 million of it in cash. 17 days later, Rupert married Wendi Dang, one of his employees.
As you can see, the higher the net-worth of the individuals involved, the messier the divorce proceedings may be. If you or someone you know is faced with the dissolution of a marriage, it pays to consult a professional about how best to protect your interests and assets. The lawyers at Sullo & Sullo, LLP understand the emotional and financial ramifications of divorce and are here to help. Contact us today for a free legal evaluation at 713.839.9026

Drug Violence in Mexico Spills Into U.S

2010-07-11T23:41:00.001-07:00

By Megan Breckenridge, Staff Writer
SULLO & SULLO, LLP
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HOUSTON—Although Mexico has long been a source of production and transit for illegal drugs, the country now finds itself embattled with powerful and well-financed drug cartels. An upsurge in drug-related violence can be traced to the end of 2006 when President Felipe Calderón launched an aggressive assault on drug trafficking organizations by deploying tens of thousands of federal police and soldiers to reign them in. But his initiative has been largely unsuccessful to date, and there is a rising chorus of voices on both sides of the border questioning the cost and fallout of the attack on the cartels.

Given its geographic location, Mexico has been used as a staging and transshipment point for narcotics, illegal immigrants and other contraband destined for U.S. markets from Mexico, South America and elsewhere for decades. During the 1980s and early 1990s, Colombia’s Pablo Escobar was the main exporter of cocaine and dealt with organized criminal networks all over the world. When enforcement efforts intensified in South Florida and the Caribbean, the Colombian organizations formed partnerships with Mexico-based traffickers to transport cocaine through Mexico into the United States.

These new allegiances flourished, since Mexico had long been a major source of heroin and cannabis and possessed an infrastructure that stood ready to serve the Colombia-based traffickers. At first, the Mexican gangs were paid in cash for their transport services, but in the late 1980s, a settlement was reached wherein they would be compensated in product. Payment was usually 35 to 50 percent of each cocaine shipment, which meant that organizations from Mexico became involved in distribution as well as transportation, and quickly morphed into formidable traffickers in their own right.

With the demise of Colombia’s Cali and Medellín cartels in the 1990s, Mexican gangs stepped up to dominate the wholesale illicit drug market in the United States. Arrests and deaths of key leaders in recent years have led to increasing violence as rival cartels fight for control of the trafficking routes into the U.S. Amid this continuous power struggle, gang leaders often attempt to use law enforcement to their benefit, either by bribing Mexican officials to take certain action against an opponent, or by leaking intelligence about a rival’s operations to the Mexican government or the U.S. Drug Enforcement Administration (DEA).

There is also mounting evidence of corruption amid border security and law enforcement officers, with suspicions being raised about agencies on both sides of the border.

To many Mexicans, the rising count of gruesome drug-related murders is evidence that the government’s strategy to combat the cartels has failed.

Current estimates put the death toll at close to 23,000 since Calderón took office in December 2006, with numbers increasing exponentially each year.

The government insists that the majority of those killed in Mexico’s drug violence were involved in the narcotics trade. But a growing number of bystanders are dying in the crossfire, and Americans are among them.

Tania Lozoya, 15, of El Paso, Texas, was killed by a stray bullet at her Aunt’s house across the border in Ciudad Juárez in May 2009, after gunfire broke out when two men chased another man into the backyard of the residence.

In December, a California assistant school principal, Augustin Salcedo, was killed after he was abducted from a restaurant along with five other men while he and his wife were visiting her hometown of Gomex Palacio, in the northern state of Durango.

The motive for the mass abduction is still unknown. Other Americans appear to have been specifically targeted.

U.S. anti-kidnapping expert Felix Batista was abducted by gunmen in December 2008 in the northern city of Saltillo, where he had gone to advise local businessmen on how to avoid becoming victims of the country’s wave of kidnappings. He has not been found. And on March 13, 2010, gunmen believed to be linked to drug traffickers ahot a pregnant American consulate worker and her husband to death in Ciudad Juárez. The same gunmen also killed the husband of another consular employee and wounded their two young children.

Americans, from border state governors to military analysts in Washington, have begun to question whether the mounting violence presents a threat to their own national security and, to the outrage of many Mexicans, whether the state itself will crumble under the strain of the war.

The Obama Administration released a critical report, called the 2010 National Methamphetamine Threat Assessment by the National Drug Intelligence Center of the Justice Department, that portrays drug cartels as easily able to circumvent the Mexican government’s restrictions on the importing of chemicals used to manufacture meth, which has reached its highest purity and lowest price in the United States since 2005. Closer to home, the report also points to increased cooperation between Mexican drug trafficking organizations and U.S.-based street and prison gangs to distribute illegal substances. In many areas, American gangs have used their alliances with Mexican cartels to facilitate an expansion of their midlevel and retail drug operations into more rural and suburban areas.
Responding to a growing sense that Mexico’s military-led fight against drug traffickers is not gaining ground, the U.S. and Mexico set their joint counternarcotics strategy on a new course in March 2010 by refocusing their efforts on strengthening civilian law enforcement institutions and rebuilding communities crippled by poverty and crime.
Under the new $331 million plan, American and Mexican agencies will work together to refocus border enforcement efforts away from building a better wall to creating systems that would allow goods and people to be screened before they reach crossing points. The plan also provides support for Mexican programs intended to strengthen communities where socioeconomic hardships force many young people into crime.
Even with these new initiatives under way, the drug-related violence in Mexico shows no signs of dissipating. The U.S State Department has warned against nonessential travel along the U.S.-Mexico border, especially in the violent cities of Ciudad Juárez and Tijuana, and allowed consulate employees to evacuate their families for the foreseeable future. As even Calderón has conceded, “It’s a war.”With the growing prevalence of illicit substances in the United States by way of Mexico, you or
someone you know may have been impacted by a drug-related crime. The lawyers at Sullo & Sullo, LLP understand the serious ramifications of these charges and are here to help. Contact us today for a free legal evaluation at 713.839.9026

Health Care Reform And You: A Guide

2010-07-06T23:50:00.000-07:00

Health Care Reform And You: A Guide

By Megan Breckenridge, Staff Writer

SULLO & SULLO, LLP

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HOUSTON—On March 23, 2010, after more than a year of passionate debate, partisan politics and substantive policy discussions, President Obama signed his health care overhaul legislation into law. The House of Representatives passed the reform package, which was initially green-lighted by the Sentate, with only a slim margin of 219 to 212.

The bill is the most far-reaching legislation of its kind since the creation of the Medicare and Medicaid programs, and creates sweeping changes to the nation’s health care system. Most of the significant reforms will take years to implement, but many are already being put into place. The following is a comprehensive look at the package and its potential effects on you and your family:

Cost:

The bill will cost $940 billion over ten years.

Deficit:

The bill aims to reduce the deficit by $143 billion over the first ten years, and $1.2 trillion in the second ten years.

Coverage:

Health insurance coverage will be expanded to 32 million Americans who are currently uninsured.

Health Insurance Exchanges:

Uninsured and self-employed individuals will be able to purchase insurance through state-based exchanges with subsidies available to individuals and families with income between 133 percent and 400 percent of the Federal Poverty Level* (FPL). *Note: The FPL for a family of four is $22,050.
Separate exchanges will be created for small businesses to purchase coverage (effective 2014).
Funding will be available to states to establish exchanges within one year of the bill’s enactment and until January 1, 2015.

Subsidies:

Individuals and families who make between 100 and 400 percent of the FPL and would like to purchase their own health insurance on an exchange will be eligible for subsidies. They cannot be eligible for Medicare or Medicaid, and cannot be covered by an employer. Eligible buyers will receive premium credit cards, and there will be a cap for how much they are required to contribute to their premiums based on a sliding scale.

Funding The Plan:

Medicare Payroll Tax on investment income: Beginning in 2012, the Medicare Payroll Tax will be expanded to include unearned income. There will be a 3.8 percent tax on investment income for individuals making more than $200,000 per year and families making more than $250,000 per year.
Excise Tax: Starting in 2018, insurance companies will pay a 40 percent excise tax on “Cadillac” high-end insurance plans worth over $10,200 for individuals and $27,500 for families. Dental and vision plans are exempt and will not be counted in the total cost of the plans.
Tanning Tax: There will be a 10 percent tax on indoor tanning services.

Medicare:

The bill will completely close the Medicare Part D donut hole by 2020, through the provision of a $250 rebate to Medicare beneficiaries who hit the gap in 2010, and a 50 percent discount on brand-name drugs in the donut hole beginning in 2011.
Co-payments and deductibles for preventative services will be eliminated under the Medicare program beginning in 2011.
The bill also includes $500 billion in Medicare cuts over the next decade.

Medicaid:

Medicaid will be expanded to include 133 percent of the FPL.
States will be required to expand Medicaid to include childless adults starting in 2014.
The Federal Government will pay 100 percent of costs for covering newly eligible individuals through 2016.
Illegal immigrants will not be eligible for Medicaid.

Insurance Reform:

Insurance companies will be banned from dropping individuals from coverage if they become sick.
Health plans will be prohibited from denying coverage to children with pre-existing conditions. Beginning in 2014, this prohibition will apply to all persons.
Insurance companies will be required to permit young people up to their 26^th birthday to remain on their parents’ policy, if the parents so choose.
Insurance companies will be prohibited from placing lifetime caps on coverage.
New plans will be tightly restricted in their use of annual limits to ensure access to needed care. Beginning in 2014, the use of any annual limits will be prohibited for all plans.
New private plans will be required to cover preventative services with no co-payments and with preventative services being exempt from deductibles. Beginning in 2018, this requirement will apply to all plans.
Customers purchasing new plans will have access to an effective internal and external appeals process to appeal decisions made by their health insurance provider.
Beginning in 2011, plans in the individual and small group market will be required to spend at least 80 percent of premium dollars on medical services, and plans in the large group market will be required to spend 85 percent. Insurers that do not meet these thresholds must provide rebates to policyholders.
Intermediate access to insurance for Americans who are uninsured because of a pre-existing condition will be available through a temporary high-risk pool.
New group health plans will be prohibited from establishing any eligibility rules for coverage that discriminate in favor of higher wage employees.
Beginning in 2011, a long-term care insurance policy will be created, that will be financed by voluntary payroll deductions to provide benefits to adults who become functionally disabled.
Aid will be provided to states in establishing offices of health insurance consumer assistance in order to help individuals with the filing of complaints and appeals.

Access To Care:

The bill will provide new investment in training programs to increase the number of primary care doctors, nurses and public health professionals.
Funding for Community Health Centers will be increased to allow for nearly a doubling of the number of patients seen by the centers over the next five years.

Abortion:

Private and taxpayer health insurance premium funds will be segregated, and individuals will be required to pay for abortion coverage through two separate payments. (Private funds will have to be kept separate from federal and taxpayer funds).
No health care plan will be required to offer abortion coverage. States will be permitted to pass legislation choosing to opt out of offering coverage through the exchange.

Individual Mandates:

In 2014, everyone will be required to have health insurance or face a $695 annual fine. There will be exceptions made for some low-income individuals.

Employer Mandates:

Employers with more than 50 employees will be required to provide health insurance or face an annual fine of $2000 per year, per worker, if any employee receives federal subsidies to purchase private health insurance. The fine will be applied to the total number of workers, with some allowances.
Small businesses will receive tax credits to make employee coverage more affordable. Credits up to 35 percent of premiums will be immediately available for firms that choose to offer coverage, effective beginning for calendar year 2010. (Starting in 2014, the small business tax credits will cover 50 percent of premiums).
Until the Exchanges become available in 2014, a temporary re-insurance program will be in place to help offset the costs of expensive health claims for employers that provide health benefits for retirees age 55-64. (Effective 90 days after the enactment of the law).

Illegal Immigrants:

Illegal immigrants will not be allowed to purchase health insurance in exchanges, regardless of whether or not they can afford to pay the premiums themselves.

Texas Commercial Driver’s License (CDL) FAQ’s

2010-05-21T03:36:00.000-07:00

Texas Commercial Driver’s License (CDL)
By Megan Breckenridge, Staff Writer
SULLO&SULLO.LLP
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HOUSTON — A Commercial Driver’s License, or CDL, is required for the operation of any type of commercial vehicle that has a gross vehicle weight rating (GVWR) of more than 26,000 lbs; transports hazardous materials that require warning placards under Department of Transportation regulations; or that is designed to carry 16 or more passengers, including the driver. Some examples of vehicles that require a CDL to operate are tow trucks, tractor trailers and buses.

In accordance with the Commercial Motor Vehicle Safety Act of 1986, all states are required to comply with certain standards in regards to the licensing of commercial motor vehicle (CMV) drivers. Texas driver licensing standards comply with the law, requiring CMV drivers to obtain a Texas CDL when driving applicable vehicles. A CDL license can only be issued in the driver’s state of legal residence, and any driver possessing a CDL cannot have a driver’s license in any other state. Read on for the answers to the most commonly asked about obtaining a Texas CDL.

1. What are the eligibility requirements to obtain a Texas CDL?You must be 21 years old. (18 years if all commercial driving is done within Texas, no hazardous materials requiring placarding are transported, and no double- or triple-trailer rigs are employed.)· You must be physically capable of obtaining a valid medical examiner’s card before taking any CDL skills test.· You must qualify for the license based on their driving record. Any of the following will disqualify you from obtaining a Texas CDL:Possession of a license from any state other than TexasCurrent disqualification of commercial driving privileges in Texas or any other state.Suspension, revocation, denial or cancellation of current driver’s license.Any conviction of impaired operation of a commercial motor vehicle within the 24 months immediately preceding your application.

2. What steps must be taken to apply for a Texas CDL?Present sufficient proof of identity. This consists of either one piece of primary identification, two pieces of secondary identification, or multiple pieces of supporting identification. The first two categories are clear-cut, but supporting identification will be accepted only at the discretion of the license examiner. (See question 7 for further details on documentation.)Provide proof of your Social Security number.If you own your own commercial vehicle, proof of registration and liability insurance must be provided.You must complete the necessary application forms at the Department of Motor Vehicles (DMV) office. These forms may vary depending on the types of endorsements you seek.Pay the required fee. Each special endorsement and any related testing may require its own fee. (See question 4 for more information on endorsements.)Pass the vision exam.Pass the written tests, including any special testing for the various available endorsements.Pass the skills test (driving test) in the vehicle of the type for which you will be licensed. You must provide this vehicle.Have your photograph and fingerprints taken at the DMV office.

3. What do the terms “Class A”, “Class B”, and “Class C” denote on a Texas CDL?· “Class A” licensing allows you to operate vehicles that tow trailers, or other vehicles with a GVWR over 10,000 lbs. This license also allows you to operate “Class B” and “Class C” vehicles.· “Class B” licensing allows you to operate single vehicles with a GVWR over 26,000 lbs, or towing trailers/vehicles rated at 10,000 lbs GVWR or less. This license also allows you to operate “Class C” vehicles.· “Class C” licensing allows you to operate vehicles with a GVWR under 26,000 lbs that would normally not require a CDL, except when they are designed to transport 16 or more persons, including the driver; carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation; or carry hazardous materials in amounts requiring placarding. Applicable endorsements are required.

4. What are Endorsement Codes and when are they required on a Texas CDL?· Endorsements are necessary for certain commercial driving requirements as follows:o (T) Double or Triple Trailers. For vehicles pulling more than one trailer’s (P) Passenger. For vehicles that are designed to carry 16 or more people including the driver; or those that carry 15 or fewer people, including the driver, and transport children to or from school and home regularly for compensation’s (N) Tank Vehicles. For vehicles designed to haul liquids or liquefied gases in bulk in permanently mounted tanks or portable tans rated at 1,000 gallons or more (H) Hazardous Materials. For vehicles carrying hazardous materials in amounts requiring placards’ (X) Tank Vehicles (N) carrying Hazardous Materials (H).

5. What is the difference between an interstate CDL and an intrastate CDL?
· An intrastate CDL is one that is valid in Texas only. The requirements for these licenses are less strict than the federally controlled interstate licenses. Intrastate drivers are not required to speak English; not held to the same medical standards; and can obtain a license at the age of 18. Drivers with disabilities may also qualify at the intrastate level, as there are some exemptions available for those missing limbs or whose vision is impaired.· Interstate drivers are permitted to drive across state lines, but must be at least 21 to obtain a license.

6. What vehicles are exempt from requiring a Texas CDL to operate?· Vehicles that are controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; not used in the operations of a common or contract motor carrier; and used within 150 air miles of the person’s farm.

· Fire-fighting or emergency vehicles necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire-fighter.
· Recreational vehicles that are driven for personal use.
· Military vehicles, when operated for military purposes by military personnel.
· Vehicles that are owned, leased, or controlled by an air carrier, as defined by Texas Transportation Code (TRC) section 21.155.
· Vehicles used exclusively to transport cotton modules or cotton burrs.

7. What constitutes “sufficient proof of identity” when applying for a Texas CDL?
· Primary identification documents include a Texas driver’s license or identification card. These must be either current or within two years of the indicated expiration date. A valid (unexpired) U.S. passport is also considered primary identification, as are naturalization certificates showing verifiable data and a photograph, any other type of U.S. Immigration and Naturalization Service (INS) documents with verifiable data and a photograph, or an unexpired U.S. military identification card. Older INS documents might not include current information or a photograph, and these will not be accepted as primary identification in Texas.
· Secondary identification documents include original or certified copies of a birth certificate, unexpired driver’s license, or ID card from other U.S. states or Canadian provinces. Also acceptable is any official court order showing full birth information.
· Supporting identification is a vague category, and the acceptance of these documents is at the discretion of the licensing employee examining them. Supporting documents include, but are not limited to: School records, insurance policies issued at least two years prior to the time of application, vehicle titles, military records, a current military dependent identification card, original or certified marriage licenses or divorce papers, voter registration cards, Social Security cards, pilot’s or concealed handgun licenses, or a Texas driver license temporary receipt. Consideration may also be given to expired driver’s licenses or identification cards from the U.S. or Canada, as long as they are within two years of the expiration date, foreign passports, and any other consular documents.

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2010-05-15T00:37:00.000-07:00

hooded towels at toddlertowels.com
Our Towels -Toddler Towels are hooded towels designed especially for kids aged 0 to 10 years.What makes our towels so popular are the hoods. Unlike other hooded towels on the market, our towels are tailored to the shape of the head. There are no cone-heads here!The body of the towel is actually an adult sized towel (30X54in) that is soft, durable, and plush. All towels are machine washable and dryable.(Non-chlorine bleach when needed)The ribbon & fabric we use with our hooded towels turn a quality functional towel into a fun towel.Many of our towels are priced at an affordable $24.99. Our premium Toddler Towels are priced at $27.99. These take more material and are more labor intensive. We are now offering organic hooded towels for only $27.99 and $32.99 If you are not satisfied with our towels for any reason you can either do an exchange or get a full refund.A child in your life is sure to love one!

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2010-01-12T22:03:00.000-08:00

Traffic Ticket Criminal Defense and Traffic Ticket Attorney Legal Article

Traffic Ticket

2009-10-28T03:58:00.000-07:00

Home | Criminal Defense | Traffic Tickets | Legal Articles

Traffic Ticket

A traffic ticket is a summons and quote issued by police officers to motorists and other road users who are unsuccessful to mind traffic laws. Traffic tickets generally come in two forms; cite a moving violation, such as more than the speed limit, or a non-moving violation, such as a parking ticket. Traffic tickets are generally heard in traffic court.

Generally, a ticket is a notice that one has committed a minor or sometimes major legal violation, for which a fine must be paid and postmarked and sent by the due date, and/or an appearance in court must be made (See: order). Typically, this means a parking ticket for parking in an unlawful way or allowing a parking meter to expire, or a traffic ticket for a moving violation such as speeding. The latter are usually issued after traffic stops.

A traffic ticket may go by the more proper name of violation ticket.

Characteristically, a traffic ticket is handed to a driver straight away after the offence has been observed by a police or traffic officer. Though, it can also be delivered by mail is the case with photo radar tickets.

The traffic ticket sets out the nature and detail of the alleged offence. Typical information includes:

An claim that you have broken a traffic act including the accurate section of the law being relied upon;

The name of the authority

The name of the traffic decree which has been supposedly broken or pursuant to which the ticket is issued;

The date, time and place of the alleged offence;

The name and address of the person to whom the ticket is issued;

Identification of the vehicle including license plate; and

Information on how to contest or dispute the allegation including the name and address of the place to either acknowledge the allegation or pay the fine, or to contest the ticket.

Speeding ticket –

A ticket issue for driving above the speed bound Ticket - an order issued to a lawbreaker (especially to someone who violates a traffic regulation).

United State Traffic laws…

In the United States, most traffic laws are codified in a variety of state, county and municipal ordinances, with most minor violations classified as civil infractions. Although what constitutes a "minor violation" varies, examples include: non-moving violations; defective or unauthorized vehicle equipment; seat belt and child-restraint safety violations; and insufficient proof of license, insurance or registration. A trend in the late 1970s and early 1980s also saw an increased tendency for jurisdictions to re-classify certain speeding violation as civil infractions.^[1] In contrast, for more "serious" violations, traffic violators may be held criminally liable, guilty of a misdemeanor or even a felony. Serious violations tend to involve multiple prior offenses; willful disregard of public safety; death, serious bodily injury or damage to property.^[1]

Each state's section of Motor Vehicles maintains a file of motorists, as well as their convicted traffic violations. Upon being ticketed, a motorist is given the option to mail in to the local court—the court for the town or city in which the violation took place—a plea of guilty or not guilty within a certain time frame (usually ten days, although courts generally provide leniency in this regard).^[2]

If the motorist pleads not guilty, a trial date is set and both the motorist, or a lawyer/representative on behalf of the motorist, and the ticketing officer, are required to attend. The motorist may be given the chance to move the hearing for a reason such as "a work disagreement or travel", and rearrange the hearing for a time at which the ticketing officer is improbable to attend.^[2] If the officer or representative fails to attend, the court judge will often find in good turn of the motorist and allow going the charge,^[2] although sometimes the trial date is moved to give the officer another chance to attend. The court will also make supplies for the officer or prosecutor to attain a deal with the motorist, often in the form of a plea bargain that may reduce the impact from that which would be incurred from pleading guilty without attending court.^[2][3] If no agreement is reached, and the prosecutor feels it is worth his time to charge the motorist, both motorist and officer, or their respective representatives, officially attempt to prove their case before the judge, who then decides the matter.^[2] The motorist may, for example, put forward a reason the violation they are is accused of was justified, such as to "get out of the way of an ambulance or avoid a collision with another motorist", and call into doubt the level to which the officer recall the specific details of the state of affairs among the many tickets they have issued.^[2] For relatively minor offences, this strategy is usually effective- the National Motorists Association, which provides a kit outlining how to fight a traffic ticket to its members, goes so far as to offer to pay fines for members who challenge their tickets in court and are found guilty.^[3]

If the motorist pleads guilty, the result is equivalent to conviction after trial. Upon confidence, the motorist is generally fined a monetary amount and, for moving violations, is additionally given "point" demerits, under each state's point system. In the cases where the motorist is registered in a different state from where the violation took place, individual agreements between the two states decide if, and how, the motorist's home state applies the other state's confidence. If no agreement exists, then the conviction is local to the state where the violation took place. In some instances, failure to pay the fine may result in a suspension to drive in only the city or state to whom the fine is owed, and the motorist may continue to drive elsewhere in the same state.

Benefits to Hiring a Houston Attorney in Traffic Court

2009-04-03T07:41:00.000-07:00

After getting over the initial inconvenience (and perhaps injustice) of being pulled over and given a traffic citation, you then have to decide how you are going to handle your ticket. For those who do not have the time to go to court or research Texas traffic law, it is an easy choice: hand the ticket over to an attorney who specializes in violations in traffic court. Others, however, may feel that they can handle the traffic citation on their own. Besides, they may wonder, it’s only a minor traffic offense. How difficult and complicated could it be?

If your only concern is taking care of the ticket, then you can hand over your hard-earned money to the city of Houston. They will be happy to take your money from you any day of the week. You can mail in a payment and the ticket will be resolved with points going against your driving record. However, if you are not eager to give up your money to the city, care about your driving record, and want to get the best deal possible, it’s always a good idea to hire an attorney. Here are some of the top reasons why you should hire a Sullo and Sullo attorney to handle your traffic ticket.

Your attorney keeps you informed. One of the biggest benefits of having a Sullo and Sullo attorney with you in traffic court is that your attorney will keep you informed. For the ordinary law abiding/breaking citizen, traffic court often appears to be a mysterious milieu: attorneys are walking around the courtroom talking to different players; various defendants are approaching the bench at different times to speak to the judge; police officers are walking in and out of the courtroom signing mysterious sheets of paper; and bailiffs are yelling at everyone to lower their voices and follow courtroom rules. With an attorney by your side, you can remain confident that you know the rules of the court, how your case is being handled, and how the day will unravel. You will look around and see many frustrated faces, and some dazed and confused faces. But you can sit back and relax, knowing that your attorney has just informed you of all the ins and outs of courtroom procedure and protocol.

Your attorney knows what gets a traffic case dismissed in court. Many people have the misperception that traffic cases are only dismissed when an officer does not show up to court. However, there are many different angles through which a traffic case can be dismissed pre-trial. When you hire Sullo and Sullo to handle your case, you can be confident knowing that your attorney has exhausted every possible means of dismissal. From finding legal and factual mistakes on the drafted complaint to talking to the prosecutor and officer about any possible mitigating factors, your attorney will work every angle of the case with the goal of pre-trial dismissal.

Your attorney knows the rules of evidence and traffic laws. If your case does end up going to trial, you will be heavily disadvantaged if you do not have an attorney advocating on your behalf. Probably one of the most important reasons to have an attorney with you in traffic court is the attorney’s knowledge of the rules of evidence and the convoluted traffic laws of the state of Texas. While this knowledge is helpful in pre-trial matters, it is critical during the trial stage. Even the most highly-educated, well-meaning defendants fail miserably when going up against a seasoned attorney in trial. Pro se defendants often do not know how to conduct an efficient voir dire, when and how to deliver certain portions of their case at large, and how to conduct a debilitating cross examination. Also, many defendants arrive to court very well prepared armed with graphs, pictures and other evidence. They are often perplexed and stunned when the judge prevents them from showing any of the evidence to the jury because none of the items have been properly introduced in accordance with the rules of evidence. Don’t let yourself become one of these unfortunate people who are left wondering, “Why didn’t I just hire an attorney?” You wouldn’t operate on yourself if you discovered you needed gastric bypass surgery. Instead, you would seek the services of a skilled professional in that area. So, without the legal background and education of an attorney, why would you litigate a case on your own?

Your attorney knows the court system. Every Sullo attorney knows the game and how it’s played in traffic court. Our attorneys who specialize in traffic tickets are in the traffic trenches every day of the week. They are a part of the every day routine and see the inner workings of the court system. Your attorney will know which prosecutors are the best to work deals with and which prosecutors are the best to try cases against. Your attorney will also know the nuances of each judge and tailor his/her trial tactics accordingly. Do not underestimate the value of your attorney’s every day interaction with and exposure to all the courtroom players. Your attorney will take this vault of information and guide you through the strategy for your specific case. You will quickly know what will get you in trouble with the bailiffs in certain courts, and what you should say and what you should not say. Having an attorney with this wealth of knowledge by your side is an invaluable asset.

Sullolaw-The Arraignment and JURY TRIAL

2009-03-24T05:10:00.000-07:00

The Arraignment

JURY TRIAL

Sullolaw.com - the jury trial docket

2009-03-04T05:11:00.000-08:00

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The long road ahead: the jury trial docket

If you are still sitting in the courtroom when the judge announces the lunch break, that means that you are most likely in the pool of cases that are ready for trial. Do not be alarmed. Although you may never have testified in a jury trial before, you have an experienced attorney by your side who will walk you through the process step-by-step. (Andrew, I added this next section in..do you think I should keep it?) The attorney will explain to you that if you are found guilty at trial, the jury will have a fine range to consider based on the particular offense. Furthermore, depending on the violation, it could go on your driving record. While this may see like a big risk to take, you should know that you are presumed innocent until proven guilty. At Sullo &Sullo, it is our position that since the law says the state has to prove a defendant’s guilt beyond a reasonable doubt, we should hold them to that burden.

TRAFFIC CASE IN TEXAS

2009-02-18T03:43:00.000-08:00

ANATOMY OF A TRAFFIC CASE IN TEXAS

The vast majority of Texans have, at some point in their lives, received a ticket for a traffic violation. Unlike most other violations of the law, a traffic ticket doesn’t bear the same stigma of criminality and is often viewed as a minor offense that even the most law-abiding citizens may be guilty of on a frequent basis. However, don’t let the prevalence and the commonality of a traffic ticket fool you. Trying to resolve a traffic ticket in Texas is at best an annoyance, and at worst, a convoluted maze of red tape that can have you banging your head against the wall in no time. From the moment you see the red lights flashing in your rearview mirror and hear the dreaded siren, you enter the confounding world of Texas traffic law.

While not considered a serious offense by most people, many Texans don’t realize that a traffic violation is still a criminal offense in the state of Texas. The list of possible traffic violations that you can be guilty of in Texas seems endless: speeding, speeding in a construction zone, speeding in a school zone, running a red light, failing to signal, failing to yield to right of way, loud muffler, expired registration/inspection, driving without a valid driver’s license etc. (maybe here we can add a link that people can click on to see the sheer variety of cases that they could be charged with). The list goes on and on. Each type of case has varying degrees of repercussions and different methods of resolution. For example, a speeding or moving violation may result in a fine, put negative points on your driving record, or raise your insurance rates. Other, more straightforward violations such as expired registration can be dismissed with a ten dollar dismissal fee if you update your registration within ten days (is that still the case Andrew?).

Considering how varied the steps can be to resolve each type of case, it is not surprising that many people find dealing with a traffic ticket a very stressful process. That is where Sullo & Sullo can step in to relieve that stress and confusion. We are a law firm that specializes in traffic ticket defense and you can have peace of mind knowing that only the most experienced and thorough attorneys who are skilled in traffic law are managing your cases. While it would be impossible to discuss all the nuances of traffic procedure and traffic law, we would like to provide a general overview of the anatomy of a typical traffic case. This step-by-step guide to how traffic cases work in Texas is a service provided to you by Sullo & Sullo to help demystify the process for all our clients.

At the scene of the alleged violation

Once the officer hands you your ticket and drives off, don’t crumple your ticket and stuff it in your glove compartment or deep into your pockets. Although you may be seething at the audacity of the officer to pull you over when you clearly didn’t violate any traffic law, don’t let your anger cloud your judgment. That piece of paper is a legal document and happens to have on it a very important date. If you read your ticket closely, you will discover that you have just signed a promise to appear at your arraignment date.

The Arraignment

If you have hired Sullo & Sullo to handle your case before your arraignment date, you will not have to worry about any of these potential pitfalls. Our attorneys will appear at your arraignment, plead “not guilty” on your behalf, and set your case for a future jury trial date. You will not have to appear for your arraignment and worry about a potential warrant for your arrest.

JURY TRIAL

At Sullo & Sullo we set the majority of our cases for a jury trial because we feel that is the best chance of getting your case dismissed. Setting the case for jury trial forces the state to prepare a case against you. On the day of trial, the prosecutor must have a witness present whose testimony can prove the case against you beyond a reasonable doubt. If the prosecutor cannot offer a suitable witness or if she feels she does not have a viable case, then she is forced to dismiss the case. If the prosecutor feels that she has sufficient evidence to go forward with your case, then, based upon years of experience, we feel that a jury, rather than a judge, would be a more fair and impartial decider of your case.

Arriving at the courthouse for your jury trial

As stated earlier, if you hire Sullo and Sullo before your arraignment date, then you do not have to appear for your arraignment. Please do not confuse this with the jury trial date. You MUST appear at your jury trial date. Also, the most important thing you can do to help your case is to show up to court ON TIME.

The morning roll call

Once you get to court, sit down in your assigned courtroom quietly and turn off your cell phone. Don’t panic if no one has come up to you and introduced him/herself as your attorney. The Sullo attorneys are going from courtroom to courtroom calling the names of all their clients in that particular courtroom. You will see many attorneys walking into the room and calling names of their clients. Listen carefully for the attorney that introduces himself as an attorney from the Sullo and Sullo law firm and make sure to answer when you hear your name. If you don’t hear your name called, make sure to let the Sullo attorney know.

The long road ahead: the jury trial docket

If you are still sitting in the courtroom when the judge announces the lunch break, that means that you are most likely in the pool of cases that are ready for trial. Do not be alarmed. Although you may never have testified in a jury trial before, you have an experienced attorney by your side who will walk you through the process step-by-step. (Andrew, I added this next section in..do you think I should keep it?) The attorney will explain to you that if you are found guilty at trial, the jury will have a fine range to consider based on the particular offense. Furthermore, depending on the violation, it could go on your driving record. While this may see like a big risk to take, you should know that you are presumed innocent until proven guilty. At Sullo &Sullo, it is our position that since the law says the state has to prove a defendant’s guilt beyond a reasonable doubt, we should hold them to that burden.

Voir Dire

The remainder of the trial will consist of the state putting on its case and its witnesses, the defense putting on its case (which usually involves your testimony), and the closing argument. Usually, the state will only have one witness who will testify: the police officer who pulled you over. If the traffic ticket involved an accident, then there may be other witnesses who may testify.

Your Testimony

Conclusion

This article, while shedding some much needed light on the often clouded process of handling a traffic ticket in Texas, barely scratches the surface of the complexities involved for each individual violation. By hiring Sullo & Sullo to handle your case, you can be assured that you will be informed of all your rights and defenses under the law, and that you will have by your side a skillful attorney who can navigate the complicated waters of the traffic court legal system with ease.

While this article has provided an accurate description of the resolution of a typical traffic ticket, it is important to keep in mind that each violation is unique and may not follow the typical path. Furthermore, court procedures and Texas traffic law are constantly in flux and can change at any time. Therefore, if you have any particular question about your traffic ticket, we encourage you to call our office. We look forward to hearing from you.

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Traffic Ticket Informations

2009-02-16T08:56:00.000-08:00

Traffic Tickets
Traffic Violations occur when operators of cars, trucks, and motorcycles violate laws that regulate vehicle operation on streets and highways -- including speed limits, traffic signal laws, and reckless driving statutes. Traffic violations are usually issued by local law enforcement officers, and processed in local branches of state court.
Traffic Ticket
A traffic ticket is a citation or summons issued to a person by an authorized government official for breaking a motor vehicle law. The citation requires the accused person to appear before a judge or magistrate in court, but allows that person to remain free until the scheduled court date.
Houston Traffic Tickets Attorneys
True, traffic laws were created as a safety measure, but over time they have become an increasingly lucrative revenue source for the government. Upon occasion it is the out-of-control motorist who is stopped, but all too often it is the housewife on the way to soccer practice taking a left on yellow, the university student returning home for a weekend visit following the flow of traffic, or the businessman fortunate enough to escape the gridlock of rush hour, only to be stopped by a police officer. In many cases, motorists are reasonably and safely driving when they become a tally in a monthly
Houston Traffic Ticket Attorneys
Houston Area Traffic Attorneys Over 30,000 tickets handled yearly
Dallas Traffic Tickets Attorneys
Dallas Traffic Tickets Attorneys-Dallas Area Traffic Attorneys Over 30,000 tickets handled yearly
Dallas Traffic Ticket Attorneys
Dallas Traffic Ticket Attorneys-Dallas Area Traffic Attorneys Over 30,000 tickets handled yearly
Dallas Traffic Tickets Attorney
Dallas Traffic Tickets Attorney-Dallas Area Traffic Attorneys Over 30,000 tickets handled yearly
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Dallas Traffic Ticket Attorney-Dallas Area Traffic Attorneys Over 30,000 tickets handled yearly
Traffic Ticket Attorneys
Traffic Ticket Attorneys-search for a traffic ticket legal representative near you. appoint a professional at the moment.
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Dallas Traffic Tickets
Dallas Traffic Tickets-Dallas Area Traffic Attorneys Over 30,000 tickets handled yearly
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Houston & Dallas (DWI) Traffic Ticket Attorney

2009-02-04T02:10:00.000-08:00

About Traffic Tickets Information's

Houston & Dallas (DWI) Traffic Ticket Attorney

What is a traffic ticket?

A traffic ticket is a citation or summons issued to a person by an authorized government official for breaking a motor vehicle law. The citation requires the accused person to appear before a judge or magistrate in court, but allows that person to remain free until the scheduled court date.

What is a traffic ticket really?

True, traffic laws were created as a safety measure, but over time they have become an increasingly lucrative revenue source for the government. Upon occasion it is the out-of-control motorist who is stopped, but all too often it is the housewife on the way to soccer practice taking a left on yellow, the university student returning home for a weekend visit following the flow of traffic, or the businessman fortunate enough to escape the gridlock of rush hour, only to be stopped by a police officer. In many cases, motorists are reasonably and safely driving when they become a tally in a monthly quota.

Why should you retain an attorney to fight your traffic ticket?

You should fight your ticket because you can. Many people think, “I was given a ticket. There is nothing I can do.” Most people do not fight their ticket and as a result police officers can continue to give tickets that may in some cases be unwarranted. Simply paying the ticket is an admission of guilt and results in the highest fine as well as a stain on your driving record. A mark on your driving record has several implications depending upon your driving history. A blemished driving record may result in auto insurance premium surcharges, or worse, in loss of coverage as your insurance company drops you. Seeking future insurance with a history of lost coverage will result in increased base premiums. One ticket is not the end of the world, but when combined with an accident or another ticket in a three-year period the consequences can truly be costly. It pays to keep your record clean.

Does a speeding motorist have the right to see a radar gun?

A speeding motorist does not have the right to see the radar gun even though it was the reason the official stopped the motorist in the first place. A motorist can, however subpoena the calibration records. In many states there are laws regarding the frequency of the gun calibration. If the gun was not calibrated according to law, you win.

Is speeding always speeding?

According to Texas law, it is legal to drive over the posted speed limit as long as you are driving safely. A number of factors go into determining safe driving such as time of day, weather and road condition.

How can an attorney help me?

First and foremost, the legal system is very complex. An attorney familiar with dealing with the ins and outs of traffic court provides you with a clear advantage.Your attorney can also guide you through the system, so you spend no more time than it takes to read this answer preparing for your day in court. An attorney can handle many of the time consuming procedures that can deter well-intentioned citizens from exercising their right to contest their ticket in court. For example, on your ticket is a date you are scheduled to appear in court for an arraignment. An attorney can allow you to avoid going to this arraignment and can actually set a court date. An attorney saves you a trip to the courthouse and time. In many courts, individuals must have an attorney to receive deferred adjudication. While you may have gone to court over a traffic ticket once or twice, your attorney probably has handled countless violations. You want experience on your side. Please check an attorney's profile to see how much experience he has.

What outcomes are possible if I fight my ticket?

There are several outcomes that are possible when fighting a traffic ticket. The best option is that on the date of the court appearance, the state’s witness, the police officer, does not show up. Your case is automatically dismissed. You sign some papers and are on your way out of the courthouse. If the officer is there, your attorney may speak with him or her to reduce your fine. This type of negotiation is possible and a reduced fine may result. Another option for many people is deferred adjudication. This involves completing certain stipulations by the court, in some cases passing a defensive driving course. With this option, you have a suspended sentence and upon completion of the course and keeping your record clean, you return to court on a scheduled date, and the misdemeanor is removed from your record. You may also have a trial by jury, an opportunity to explain the events to a jury of your peers. In this instance, the jury will decide if your case should be dismissed.

What is the appropriate court etiquette?

There are a few quick tips to make your time in court successful. When you attend traffic court, it is above all important to be on time. The recommendation is to be early. Your appearance is likewise important. Shorts and tank tops are unacceptable. When the court is in session, you must turn off all cellular phones and pagers, stop talking, and put away all reading material.

What is our refund policy?

For criminal cases, because of the flat-fee nature and quick pace of the work being done, refunds will not be available after retaining our firm. For civil cases, refunds are available on a case by case basis. Please speak with your attorney directly. E-mail us at info@sullolaw.com if you have any other questions. We want to make this process as clear as possible for you.

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