December 30, 2011
The Beltz Law Firm
www.beltzlaw.com
214-321-4105
As 2011 draws to an end and we prepare to celebrate the New Year, many people in and around North Texas decide to indulge a little too much and then drive. We NEVER recommend anyone operate a motor vehicle or boat or any other type of motorized vehicle for that matter when they drink too much. Of course, with that advice we also encourage folks to designate a driver or call a taxi if you drink too much. The law should be followed at all times.
Like so many holiday weekends, New Years Eve weekend is a special time and police agencies are on the lookout for intoxicated drivers. Their job is to keep the roads safe for all drivers. However, that also means they must secure their case against those that are arrested for suspicion of drinking and driving. No refusal policies will be in effect which means for most drivers if they refuse to provide a sample of their breath, they will be forced to provide a blood sample for analysis.
If you are pulled over this weekend and charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), you should call our office as soon as possible. Intoxication violations are serious allegations which can effect your life physically, emotionally, psychologically, and financially. You should not take any chances when deciding how to deal with an intoxication charge. Our office will aggressively represent you while maintaining your dignity and self-respect. We will review all the available evidence and discuss the case with you so that you can make an informed and rational decision as to the outcome of your case. Remember, it is your case and we are your vessels to achieve the best result. Of course, you first need to contact our office to discuss your case. Our consultations are free and no hassle. You have nothing to lose by contacting our office. We look forward to assisting you with your legal needs.
Thank you and have Happy and Safe New Year!!
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December 30, 2011
The Beltz Law Firm
www.beltzlaw.com
214-321-4105
In order to obtain an occupational drivers license in Texas, you must purchase SR-22 insurance. In Texas an SR-22 insurance policy is a certificate of insurance that shows the Texas Department of Public Safety (DPS) proof of insurance for the future, as required by law. SR-22 insurance is not necessarily “high risk” insurance. It is motor vehicle liability insurance which requires the insurance company to certify coverage to DPS, and the insurance company must notify DPS anytime the policy is cancelled, terminated or lapses.
Once the Texas Department of Public Safety (DPS) receives notification from the insurance company that the policy is cancelled, terminated, or lapses appropriate enforcement action may be taken. If the SR-22 is still required and there is not a valid SR-22 on file, the driving privilege and vehicle registration is suspended.
Most insurance companies have policies which meet state SR-22 requirements. If you call around, you may find a reasonable deal.
To be granted an occupational drivers license, an orginal SR-22 insurance verification certificate must be attached to the petition for the occupational drivers license when filed. The certificate usually follows a specific format and clearly states that it is “SR-22″ at the top. As per DPS’s website, they only accept original certificates when submitting the petition and order to them for issuance of the occupational drivers license.
If you are ready to obtain your occupational drivers license, please contact an insurance provider of your choice to discuss your options. The sooner you obtain your SR-22 insurance certificate, the sooner we will be able to get you back on the road, legally. As always, hould you have additional questions concerning insurance requirements for an occupational drivers license, please contact our office for assistance. Thank you.
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July 1, 2011
The Beltz Law Firm
214-321-4105
If you don’t already know, many police agencies in the DFW metroplex institute “No Refusal” policies for suspected DWI drivers around holiday weekends. According to our local DFW NBC station, more than 200 police agencies are enacting the policy this July 4, 2011 holiday weekend.
What does that mean for you? Well, if you do not drink any alcohol or drive a motor vehicle on a public road or operate a boat in a state run body of water, while intoxicated, it means almost nothing. However, if you are like most people and enjoy an adult beverage or two while celebrating our country’s holidays, it could mean going to jail unnecessarily.
As a reminder, “no refusal” policies give the police the capability of drawing your blood to determine the level of alcohol in your system if they suspect you are driving while intoxicated should you refuse to submit to a breath test designed for the same purpose. Jurisdictions usually have judges to sign warrants to draw your blood and nurses ready to stick a needle in you to get their evidence against you. They do not want you to refuse their demands and take every opportunity to prove their case against you.
We are often asked what is the best advice to we can give to someone during these “zero tolerance” weekends. Our best advice is always “DO NOT DRIVE WHILE INTOXICATED”. Get a cab, have a designated driver, or wait it out, but never get behind the wheel while intoxicated. If you drink, please be aware that is not against Texas law to drink and drive. The only rule is you must not be “intoxicated” while operating a motor vehicle.
Short of that our next best advice during these holiday weekends is if given the choice between submitting a breath sample and allowing a blood draw, our experience shows that submitting a breath sample is the best course of action. Of course we state this generally and do not believe or advocate it to be the only possible option because each case is different. With that being said, it is more likely that the results of breath sample can be erroneous than a sample of blood. There are technical reasons for this difference; but, the fact remains that a breath test is better if you have no choice in the matter.
Of course, we advocate safety for all persons on the road and expect others to follow the law just was we would. We just think it unfair when police agencies use these weekends for any nefarious reason other than the well being of the public. No going “out for blood”.
If you find yourself in that situation this weekend, please obey all police instructions and do what you think is in your best interest. Then, if you are arrested, please call us with your story and lets see what we can do to help you through it. Please have a safe and happy 4th of July!!!
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June 30, 2011
THE BELTZ LAW FIRM
www.beltzlawyer.com
214-321-4105
FOR IMMEDIATE RELEASE
June 30, 2011 –
On June 28, 2011 at approximately 3:00pm in Collin County District Court you could have cut the tension with a knife. A hard fought case had just taken place with the Defendant Michael Whitaker standing in front of the judge about to hear a decision that could change the rest of his life. With his attorneys, Jeffrey J Beltz and Rajish K. Jose standing beside him, the judge made a brief statement and then stated the words “not guilty.” With those words the only sounds made in the courtroom were a gasp and one clap of hands.
The case involved an alleged sexual assault that occured on New Year’s eve night into the following morning in 2007-2008. The prosecution’s outline of the facts that night were so drastically different from the defenses’ perspective that it was obvious that the judge could not consider both to be the truth. Prosecution portrayed the alleged victim, Ms. Hearn as having had a date with a prior boyfriend and getting home late into the morning at around 3:30am on New Year’s day. The alleged victim claimed she was not drinking in her initial testimony but was later to have been found to have admitted in a police video that she was intoxicated. Ms. Hearn also testified on the stand that she never knew Mr. Whitaker. However, the defense was able to establish that Mr. Whitaker had known very intimate and detailed facts about her that showed a very close relationship. One of those facts being that an ex-boyfriend had punched a hole in her pantry door and spelled the words “I love you” in blood on her back door. Ms. Hearn alleged that Mr. Whitaker snuck into her house early in the morning and forced himself on top of her while she was asleep. The victim stated that she woke up with Mr. Whitaker inside her.
The defense was able to prove that Mr. Whitaker had lived above Ms. Hearn for almost six months. That he had been inside her home on multiple occasions as well as had an intimate relationship with Mr. Hearn in the past. That Ms. Hearn had in fact called him on the night in question and he had attempted to return her calls throughout the night. Mr. Whitaker before going into his apartment knocked on her sliding glass door which she responded by asking him to come into her house and into her bed. A sexual encounter then occurred. After the encounter the defense portrayed Ms. Hearn as being regretful and angry that it happened because she was dating another man at the time. That she began to direct that anger at Mr. Whitaker and asked him to leave. That she became so vindictive after that night that when Mr. Whitaker was evicted for being labeled as a potential rapist, Ms. Hearn quickly moved into his old apartment because “it felt good to take something from him.”
The alleged victim only lived a block away from the police department but calls a cousin in Alabama to maker her allegation of rape. The cousin was the first person to call 9-1-1. Thereafter, a case was opened and a charge was made.
When attorney Jeffrey J Beltz was asked why he thought the judge found in favor of his client he said, “I learned very early in my career that a jury and a judge will forgive you for many things during the course of a trial, but lying is not one of them. When the victim got caught lying about basic details of the case, it casted doubt as to every other statement she made. Her answers were always in the extreme and it just didn’t add up. Mr. Whitaker’s story was always the same and never changed once. The judge made a very hard decision but it was the correct one.”
Mr. Beltz is founder of The Beltz Law Firm and can be reached for further comment at www.beltzlaw.com or at 214-321-4105. He has been a practicing attorney in Dallas since 2003 and focuses on trial law in the areas of Criminal Law and Personal Injury Law.
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June 25, 2011
Rockwall County DWI Lawyer
Blood Warrant Weekend
www.beltzlawyer.com
214-321-4105
If you are going to be partying in Rockwall County over the July 4th weekend you need to be aware that law enforcement agencies across Rockwall County will be conducting a no refusal weekend during the holiday. This is a program where warrants will be sought to draw blood from suspected drunk drivers who have refused to submit to a blood or breath test.
In the past two years, Rockwall County has only conducted this type of program during the Labor Day Weekend. This year law enforcement has decided to expand the program to July 1 at 12:01am until July 5th. The District Attorney’s Office has purchased an additional 50 blood draw kits from Texas Department of Public Safety in anticipation of the weekend to come.
Lakepointe Medical Center and Texas Health Presbyterian Hospital of Rockwall have agreed to provide the training necessary to draw the blood at the hospitals throughout the weekend. County Court at Law Judge Brian Williams and Rockwall Municipal Judge Cathy Penn as well as judges Paul Liston (Royse City) Andrew Leonie (Mclendon Chisholm) have agreed to work in shifts to review and consider the warrants that will be issued. Expect a rubber stamping of each of the warrants requested.
The overtime for the judges has already been approved by the County Commissioners Court in order to “make the program a success.” Law Enforcement agencies participating are Heath Department of Public Safety, Rockwall Police Department, Rowlett Police Department, Rockwall County Sheriff’s Office, Rockwall County Constables Office, Texas Department of Public Safety and Texas Parks and Wildlife Department.
Be careful out there, because these warrants, whether sought legally or illegally are being rubber stamped all over the State. Even if you have not been drinking you can be required to submit to the blood draw if an officer has even an unfounded suspicion of your intoxication level.
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June 8, 2011
THE BELTZ LAW FIRM
214-321-4105
While there were several proposed changes to the current DWI laws in Texas, only one made its way through both houses to the Governor’s desk. The Abdallah Khader Act, named after a two year old Fort Worth boy who was severely injured after being struck by a repeat drunk driver, looks to change the punishment for certain DWI offenses.
First, those caught driving with a Blood Alcohol Content (BAC) of 0.15 or more will face a Class A Misdemeanor. A Class A Misdemeanor carries a punishment range of confinement for a term not to exceed one year in county jail; and/or a fine not exceed $4000.00.
Second, the same act changes the punishment for an intoxicated assault where the victim is in a vegetative state from 10 years in prison to 20 years.
There were a number of other proposals which did not make it through this legislative session. They include:
1. Mandatory interlock devices for first time DWI offenders.
2. Temporary sobriety checkpoints by law enforcement to find intoxicated drivers.
3. Deferred adjudication for first time DWI offenders.
4. Permanent drivers license revocation for second time DWI offenders
5. Alcohol detection monitor for any person on community supervision for the first 60 days.
It seems the intent of some of these proposed laws was to curb drinking and driving. Surprisingly, the bill which would have made deferred adjudication an option for first time DWI offenders had the support of law enforcement and prosecutors throughout the state but failed to make it all the way. Maybe next time.
If you are in need of legal services for DWI in Dallas, Fort Worth, Plano, Irving, Carrollton, Denton, McKinney, Arlington, Grand Prairie, Mesquite, Garland, Richardson, Addison, or any other DFW Metroplex city, just call our office for a free DWI consultation.
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June 7, 2011
THE BELTZ LAW FIRM
214-321-4105
If you need an occupational drivers license (ODL) in Dallas County, Tarrant County, Collin County, Denton County, Kaufman County, or any of the surrounding contiguous counties, you maybe wondering about the costs associated with obtaining the ODL. Of course nothing is free, and especially with the Texas Department of Public Safety that couldn’t be more true. Likewise, it isn’t always easy to obtain the ODL either, regardless of the costs.
The following is a list of costs you should expect when considering an ODL. Attorneys fees vary, so please call our office to obtain a quote for attorney fees for your particular situation. The list is not all inclusive and subject to change at any time.
Petition Fee:
Dallas County: $227.00
Tarrant County: $249.00
Denton County: $203.00
Collin County: $247.00
Kaufman County: $207.00
Reinstatement Fees:
1. Alcohol Related Suspensions:
- Blood/Breath Test Refusal/or Failure: $125.00
- Driving While Intoxicated: $100.00
2. Drug Offenses: $100.00
3. Traffic Violations: $100.00
- Driving While License Invalid (DWLI)
- Habitual Violator
- Violation of Driver License Restriction
- Non-Resident Violator Compact (NRVC)
4. SR Suspension: $100.00
5. Medical Revocation (MAB): $100.00
Occupational License Fee:
Occupational License (essential need): $10.00 for each year, up to 2 years
As you can tell, the costs associated with obtaining an ODL can be extensive, that is why we caution against using anyone who does not breakdown the costs of obtaining an ODL or overcharges for the fees listed above. As the client, you are entitled to full disclosure of the costs. Hence, our office lays the costs out for you to see so there are no unexpected surprises.
Of course, we will be happy to discuss your particular case with you at your convenience. Please call our office because the consultation is FREE!
Our office has experience handling ODL’s in Dallas County, Tarrant County, Denton County, Collin County, and the surrounding counties. We are glad to assist you with all your ODL needs. So, if you are looking for a lawyer who handles ODL, please call our office as soon as possible so we can get you back on the road, LEGALLY!
Posted in Dallas Attorneys, Dallas Occupational Licenses, Plano Driver License Lawyers, Uncategorized No Comments »
June 3, 2011
The Beltz Law Firm
214-321-4105
Over the years we have heard that obtaining an occupational license in Tarrant County was a tedious en devour. You see, we have obtained many occupational licenses in Dallas and Collin County, but none out of Tarrant County. The process in those counties were pretty straight forward and predictable.
Well, recently we had the fortune of obtaining an occupational license in Fort Worth, Tarrant County for a client who lost his license do to a DWI conviction he received several months ago.
We were a little hesitant that the process would take longer than expected and the advice we received lead us to believe that it could be fairly difficult to get an order signed. We are pleased to say that none of the warnings were true, at least this time.
We were able to obtain an occupational license for our client on the same day we filed the petition and without the necessity of setting a hearing on the matter. The staff and district attorney’s office was very cordial and cooperative. We must admit that the process, although a little time consuming, was relatively painless.
Now, this is not to say that every occupational license we obtain in Fort Worth, Tarrant County, will be as easy, but it was refreshing to have the process flow smoothly this first time.
Our office is always ready to assist anyone in obtaining an occupational license. We have the expertise and the willingness to go beyond the norm to assist our clients in driving on the road legally. Please contact our office with any further questions and to arrange for your occupational license.
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May 24, 2011
OCCUPATIONAL LICENSE LAWYER DALLAS
THE BELTZ LAW FIRM
214-321-4105
Occupational License
Court Order
An occupational license is a special restricted license issued to persons whose license has been suspended or revoked for certain offenses (other than medical reasons or delinquent child support). An occupational license authorizes the operation of a non-commercial motor vehicle in connection with a person’s occupation, for educational purposes or in the performance of essential household duties. Requests for such licenses are made to the county or district court in the county of the licensee’s residence or to the court of original jurisdiction where the offense occurred.
The court order is not the occupational license. It is the order granting the occupational license. The court order and all other required items must be submitted to the Department for issuance of an occupational license. The court order may be used as a license for thirty (30) days from the date of the judge’s signature while DPS processes the occupational license request.
Requirements
You must mail the following items to the Department:
- The certified copy of the petition and a certified copy of the court order granting the occupational license. (If the individual is participating in a special drug court program, the petition is not required. The judge has the authority to grant an occupational order.)
- An original Form SR-22 certificate of insurance. This is the only proof of insurance acceptable.
- An occupational license fee for a one-year license or less. The maximum length of issuance is a 2-year license, provided that the court order grants this length of time.
- All required reinstatement fees.
NOTE: If a person’s driving privilege is suspended, revoked, cancelled, or denied under any law of this state, the person may not be granted an occupational license to operate a commercial motor vehicle.
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May 19, 2011
The Beltz Law Firm
214-321-4105
Have you ever thought: “Its just a ticket, I will just pay it. What could it hurt?!”
Here is the true story of a client who let things get too far!
A young lady came into our office when she received a letter in the mail from the Department of Public Safety threatening to suspend her drivers license for one year because she drove while her license was invalid. She was unaware that her license was ever invalid and here is why. Several years ago, she left Dallas to attend college elsewhere in Texas. While she was a student, her auto insurance lapsed (she thought her mom and dad were taking care of it and they thought she was taking care of it). Not having proof of valid insurance on the date she received the ticket, she assumed she had no choice but to pay the fine. That is exactly what she did.
After college she returned to Dallas where she was pulled over and cited for a defective license plate light. Again, she assumed she had no options and paid the ticket. Then, she received the notification from DPS that she was going to lose her license.
Little did she know that by paying the no insurance ticket, she was pleading guilty and she ended up with a conviction on her record. That conviction for no insurance automatically assessed an annual surcharge on her license which she failed to pay (she wasn’t getting her mail while away in college). Because she failed to pay the surcharge, her license became in invalid pending payment of the surcharges.
When she paid the subsequent ticket for defective tail lights, she essentially admitted that she was operating a motor vehicle while her license was invalid. Therefore, DPS attempted to suspend her license for one year!
Fortunately, she came to our office as soon as she received the suspension notification and we were able to schedule a hearing with the justice of the peace court in her jurisdiction and successfully prevented her license from being suspended.
The moral of the story: DO NOT JUST PAY YOUR TICKETS!!!! You never know what consequences may result from pleading guilty, even to simple non moving violations, e.g., defective tail lights.
If you have been contacted by DPS and are about to lose your license, time is of the essence!! Contact our office so we may fight to keep your license valid and keep you on the road legally.
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Posted in Dallas Attorneys, Dallas Occupational Licenses, Plano Driver License Lawyers, Uncategorized No Comments »
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