Is “Necessity” a Possible Defense to a DWI Charge?

Posted by Tad A. Nelson | Drunk Driving, DWI

Drunk driving is considered a “strict liability” offense in Texas. This means that your mental state is generally irrelevant. The… Continue reading Is “Necessity” a Possible Defense to a DWI Charge?

Fort Worth Man Receives 20 Years for Fatal DWI Accident

Posted by Tad A. Nelson | Auto Accidents

A drunk driving accident typically draws a harsh response from prosecutors and judges, especially when an innocent person is killed.… Continue reading Fort Worth Man Receives 20 Years for Fatal DWI Accident

Once police respond to a report of possible domestic violence, any evidence they legally obtain may later be used to… Continue reading Can Prosecutors Prove Domestic Violence Even With Contradictory Eyewitness Testimony?

The first time a person is convicted of a DWI in Texas, it is usually treated as a Class B… Continue reading How “Habitual DWI Offender” Status Can Mean A Life Sentence

To convict someone of drug possession, prosecutors must prove the defendant “knowingly” possessed the controlled substance in question. This can… Continue reading How Can Prosecutors Prove Someone “Knowingly” Possessed Illegal Drugs?

Texas prosecutors will often try and “enhance” a criminal case by charging the defendant with “engaging in organized criminal activity”… Continue reading How “Engaging in Organized Criminal Activity” Can Add Years to a Possible Sentence

Posted by Tad A. Nelson | Forgery, White Collar Crime

One of the most common white-collar crimes is forgery. You probably understand the concept of forgery already. If a person,… Continue reading How Forgery Can Lead to Serious Jail Time–Especially If Other People Are Involved

Many DWI arrests start out as a traffic stop. This means that a police officer first needs “reasonable suspicion” to… Continue reading Do Police Have to Initiate a Traffic Stop Before Making a DWI Arrest?

Posted by Tad A. Nelson | DWI Appellate Cases

Having an open container of alcohol in your car can be a problem if you are stopped by a police… Continue reading Appeals Court Tosses Open Container Conviction

Can a police officer stop you on the street and demand identification? In some circumstances, yes. Under Texas law, when… Continue reading Is Failing to Identify Myself to a Police Officer a Crime?