Vaughn LawVaughn Law2025-07-24T11:19:56Zhttps://www.vaughnlawtx.com/feed/atom/WordPress/wp-content/uploads/sites/1404228/2023/01/cropped-Vaughn-OG-image-32x32.jpgOn Behalf of Vaughn Law<![CDATA[Transporting marijuana through Texas is risky]]>https://www.vaughnlawtx.com/?p=475802024-04-18T20:17:44Z2024-04-18T20:17:44ZTexas law and federal implications
Texas laws regarding marijuana are among the strictest in the United States. Possession of even small amounts can lead to significant legal consequences, including fines and imprisonment. The state doesn’t distinguish between possession for personal use and intent to distribute for small amounts. Both are subject to harsh penalties.
Texas law enforcement is vigilant in its enforcement of these laws, with many officers trained to detect the transportation of controlled substances. This vigilance, combined with the state's geographical size and its position as a key transit route between the western state, where marijuana may be legal, and the rest of the country, increases the likelihood of complications for individuals transporting cannabis.
The risk of federal enforcement
On the federal level, the transportation of marijuana across state lines is illegal and can result in federal charges, including trafficking. This is the case even if the journey begins and ends in states where marijuana is legal. Federal law enforcement agencies, such as the Drug Enforcement Administration (DEA), have jurisdiction on federal highways and can enforce these laws irrespective of state policies.
Legal consequences and implications
The legal consequences of being caught transporting marijuana through Texas can be severe. Beyond the immediate legal ramifications, such as fines, incarceration and the potential for federal charges, individuals may also face long-term repercussions. These can include a criminal record, which may impact employment opportunities, eligibility for specific professional licenses, future travel and immigration status for non-citizens. Additionally, the financial burden of legal defense, court fees and potential civil forfeiture of vehicles used in transporting marijuana can be substantial.
As such, anyone traveling through Texas who’s caught with marijuana should seek legal assistance quickly. They need to learn their options for structuring a strong defense given what is at stake.]]>On Behalf of Vaughn Law<![CDATA[Why doctor shopping could lead to prescription drug charges]]>https://www.vaughnlawtx.com/?p=475772024-02-06T00:02:13Z2024-02-06T00:02:13ZWhat doctor shopping involves
Doctor shopping has been an issue for decades, and Texas law enforcement authorities have only recently begun fighting the practice. Doctor shopping involves a patient intentionally seeing more than one physician for the same complaints.
They may go to completely unaffiliated doctors in the hopes of obtaining multiple prescriptions for the same medication. A doctor-shopping patient could secure a variety of prescription pain medications or far more muscle relaxants than they can safely use. They could either abuse the mediation themselves or distribute it to others.
Texas has implemented measures to deter doctor shoppers from engaging in the practice, including a prescription tracking program. Texas not only allows doctors and pharmacists to compare a patient's recent medical recommendations within the state, but they may also be able to access records from many other states as well.
If regulatory authorities or medical professionals suspect someone of doctor shopping, the case may end up under the scrutiny of a Texas prosecutor. The state could bring charges against someone who allegedly misrepresented their circumstances to physicians to abuse prescribing practices and obtain access to controlled substances.
A conviction for a controlled substance offense can have major implications for someone's life. Mounting an appropriate defense, such as explaining why someone attended multiple medical appointments, may help people prevent doctor-shopping allegations from culminating in a criminal conviction.]]>On Behalf of Vaughn Law<![CDATA[Do you lose your right to own firearms if you are accused of domestic violence?]]>https://www.vaughnlawtx.com/?p=474932023-11-10T16:02:02Z2023-11-10T16:02:02ZEver since 1994, those who have been accused of domestic violence often lose their right to own firearms. This is a right granted to all Americans under the Second Amendment, but it can be taken away for specific reasons. One of those reasons is if someone else has an order of protection taken against that person.
That said, this law has recently been called into question and is going to be reviewed by the Supreme Court. There is a case claiming that automatically removing gun ownership rights may be a problem for law-abiding citizens. How could this happen?
Mutual restraining orders
The problem, critics claim, is that a judge may hand out mutual restraining orders when there is a disagreement between two people and it appears that domestic violence may have been an issue. It is often hard for them to sort out at the moment who is the victim and who is the aggressor. Mutual restraining orders are designed to simply keep those people apart while the legal process moves forward.But what this means, those critics say, is that people who have not broken the law and are “otherwise good people” could lose their right to own firearms due to this mutual restraining order. These people are then worried that they will not feel safe if they are not allowed own a gun, or they are worried that they will be sent to prison if they violate the law by purchasing a firearm anyway.
How often is this law used?
In the last 25 years, it does appear that this law has been used almost 78,000 times. That is the number of firearm sales that have been prevented.In fact, those who support this law point out that 70 American women are shot every month by intimate partners – spouses, boyfriends and significant others. Guns are used in homicides more often than any other type of weapon, and gun safety groups point out that it’s not just spouses or romantic partners who are in danger. There could also be situations where children are in the home.
An interesting case
It will certainly be interesting to see how this case plays out and how the Supreme Court rules. It’s also very important for those who have been accused of domestic violence to know exactly what legal defense options they have, especially if they worry that their fundamental rights are in jeopardy.]]>On Behalf of Vaughn Law<![CDATA[How Texas DWI charges are different for someone with a CDL]]>https://www.vaughnlawtx.com/?p=474902023-11-06T14:18:14Z2023-11-06T14:18:14ZThe BAC limit is lower for commercial drivers
There is a blood alcohol concentration limit that state authorities strictly enforce during DWI traffic stops. Anyone with a BAC of 0.08% or higher could face arrest regardless of their driving ability because they are over the BAC limit enshrined in Texas state law. The limit is actually half that level for those in control of a commercial vehicle. If someone gets pulled over with a BAC of 0.04% while operating a semi-truck, the police officer conducting the traffic stop may arrest them. That lower limit makes it much easier for a professional driver to unintentionally violate the law because they do not feel any sense of chemical impairment.
Personal infractions can affect professional licensing
The other big difference in DWI charges for someone with a CDL is that a mistake they make on their own time in their own vehicle could very easily affect their CDL. Drivers with major infractions, including a DWI conviction, could become ineligible for a CDL and lose their primary source of income.
Given the higher standards and harsher penalties possible for commercial drivers, it is often important for them to assertively defend against DWI allegations. Seeking legal guidance as proactively as possible is generally wise.]]>On Behalf of Vaughn Law<![CDATA[When do Texas drivers need to install an IID in their vehicles?]]>https://www.vaughnlawtx.com/?p=474512023-10-30T19:47:56Z2023-08-21T17:34:37Zignition interlock device (IID) in their vehicles. They will also have to pay to calibrate and inspect the device until they are able to remove it and regain their full driving privileges.
When do Texas drivers typically need to install an IID after a DWI charge?
When the courts order its installation
There are a handful of scenarios in which criminal judges in Texas may order someone to install an IID in their vehicle as a condition of their bond after an arrest. These are often scenarios that are more serious than a simple DWI, including the situations that result in felony DWI charges. Those who have a passenger age 14 or younger in their vehicle may have a court order to install an IID after a crash. The same is true for those with two or more prior DWI convictions. Finally, anyone who causes a collision that hurts someone or results in a fatality will likely need to install an IID in their vehicle because the judge will order them to do so.
When they want their driving privileges back
A license suspension is a standard consequence for a DWI offense in Texas. Many people cannot simply forgo driving for months after their criminal charges because they need to drive for work or to take care of their families. People can request a hardship license in such circumstances and will need to install an IID in order to legally drive until the end of their suspension. They will have to pay the same cost as those who have a court order to install an IID, but it will be a privilege as opposed to a punishment.
In both scenarios, those with an IID in their vehicle will have to pay for the device and could face arrest if they drive another vehicle in the meantime. Learning more about the Texas DWI statutes may benefit those who have been recently arrested and who are worried about transportation matters.]]>On Behalf of Vaughn Law<![CDATA[2 kinds of tests officers perform during DWI traffic stops]]>https://www.vaughnlawtx.com/?p=474492023-10-30T19:48:19Z2023-08-06T22:55:14ZField sobriety tests
The first way to screen people for signs of impairment involves gauging their physical and cognitive function. There are three standardized field sobriety tests that assist in this process. Officers may check someone's balance and their gait, as well as their memory and cognitive functioning. Field sobriety testing also looks at involuntary muscle spasms that become more pronounced when someone has alcohol in their bloodstream. Those field sobriety tests may provide probable cause for an officer to move on to chemical testing.
Chemical alcohol tests
Many DWI arrests occur after an officer has performed a roadside chemical test. Chemical breath tests are standard procedure in many jurisdictions, although they do sometimes produce false positives and lead to the unjustified arrest of individuals who weren't over the legal limit or perhaps had nothing to drink at all. There are numerous ways that both chemical testing and field sobriety testing can fail and yield false positive results. Drivers accused of intoxication at the wheel sometimes challenge the legality or accuracy of tests as part of their defense strategy.
Understanding how officers seek to establish that someone was under the influence at the wheel through testing may help people facing criminal charges prepare more effective defense strategies to use during their trials. This knowledge can also help those who are pulled over – and have not yet been arrested – to make more informed choices while they’re navigating this potentially consequential situation.]]>On Behalf of Vaughn Law<![CDATA[2 simple mistakes that can lead to prescription drug charges]]>https://www.vaughnlawtx.com/?p=474462024-01-04T04:07:34Z2023-07-25T13:16:13Zcontrolled substance laws apply to the medications that they lawfully obtain through a doctor's recommendation.
Frequently, people assume that they can do whatever they would like with their medication once they have picked it up from a pharmacy. However, either of the behaviors noted below could potentially lead to someone's arrest and prosecution for a controlled substance offense under Texas state law.
Carrying medication in another container
Generally speaking, the packaging provided by the pharmacy and the prescription paperwork signed by the doctor are the only immediate evidence available to help a patient establish to a police officer that they have the lawful right to possess and use a drug. Many medications, ranging from narcotic pain relievers and stimulants to psychiatric drugs and erectile dysfunction medication, have demand on the unregulated market. Therefore, if officers find people in possession of drugs that are not in their original packaging from the pharmacy, they may arrest those individuals under the assumption that they obtained those medications on the unregulated market.
Giving medication to others
Doctors typically try their best to avoid over-prescribing, which means that they will limit how much pain medication or other drugs they prescribe for any one individual. They will base what they recommend on someone's weight, sex and medical history, as well as the best practices for prescribing the medication. Occasionally, people may find that they have leftover medication that they no longer require after regaining control of their symptoms. Some people would give that medication to a friend or possibly sell it to a coworker or neighbor. Any transfer conducted by an individual who is not a licensed medical professional could result in prosecution.
There are a host of other ways for people to violate prescription drug laws in Texas, but improperly carrying and transferring medications are among the most common. Avoiding common mistakes related to prescribed drugs commonly may help to protect medical patients from unnecessary criminal prosecution.]]>On Behalf of Vaughn Law<![CDATA[2 ways a college drug charge can affect someone’s education]]>https://www.vaughnlawtx.com/?p=474392023-10-30T19:49:44Z2023-06-12T09:24:14ZThey may face on-campus discipline
Many colleges have student codes of conduct that specifically prohibit any kind of criminal activity. Local law enforcement authorities often communicate directly with colleges and universities if the student gets convicted of an offense or pleads guilty. If the school learns about a student's criminal charge, they may face disciplinary actions that could include placing them on academic probation for a semester or even revoking their enrollment. A criminal conviction, rather than a criminal charge, could have a direct negative effect on a student's chances of remaining enrolled and finishing their degree.
They may lose financial aid
Technically, the federal government no longer permanently eliminates student aid eligibility over drug offenses as it once did. However, many colleges and private financial aid organizations perform background checks and will not grant scholarships or other forms of aid to those with criminal records. Universities offering internal scholarships and private scholarship funds may reject an application or rescind an earlier award after a student's criminal conviction.
Parents often feel frustrated when a college student's time at school leads to a drug arrest. Rather than letting them learn the hard way about the severity of their mistake, parents may want to support them in their attempt to defend themselves, as they might otherwise face lasting penalties for what was likely a one-time mistake. Helping college students push back against drug charges can help to minimize the damage youthful errors may have on someone's future opportunities.]]>On Behalf of Vaughn Law<![CDATA[What happens to those who drive with a suspended license?]]>https://www.vaughnlawtx.com/?p=474372023-10-30T19:50:54Z2023-06-09T14:00:35ZDriving without a license is a crime in Texas
Choosing to drive without a valid license doesn't just lead to a traffic ticket the way that other traffic infractions might. Law enforcement officers in Texas can actually arrest someone for driving with a suspended license. Most drivers arrested for driving without a license will face a Class B misdemeanor charge. If they plead guilty or get convicted, the penalties include between 72 hours and six months in state custody and up to $500 in fines. The official charge is a driving while license is invalid (DWLI) offense. Certain factors, like repeat offenses or a crash caused, could lead to more serious charges and penalties.
A defense is possible when someone is accused of unlicensed operation
There are many scenarios in which someone accused of a DWLI offense could avoid a conviction. From defenses based on the illegality of a traffic stop to defenses that involve producing evidence that someone was unaware of a very new license suspension at the time of a traffic stop there are often multiple viable defense strategies available to those accused of driving without a valid license in Texas.
Realizing that there could be significant penalties imposed for what seems like a minor traffic offense might inspire people to seek legal guidance in order to fight back against criminal charges after a traffic stop or arrest.]]>On Behalf of Vaughn Law<![CDATA[Festival attendees may be at risk of a DWI arrest]]>https://www.vaughnlawtx.com/?p=474352023-10-30T19:50:08Z2023-06-01T13:59:31ZLocal police departments are on high alert during and after major events
Having more people from out of town can mean an uptick in criminal activity, as opportunistic individuals may target tourists and those publicly inebriated at outdoor concerts. Those planning festivals and similar events usually communicate their intentions with local law enforcement to coordinate for security purposes. Although Texas does not allow for sobriety checkpoints, police departments may schedule more officers for traffic patrol during such events so that they can catch or at least deter drunk drivers from leaving a festival venue.
When people drink heavily, they can still be legally intoxicated the next morning and could fail a breath test during a traffic stop. Given the likelihood that people may either still be under the influence or at the very least hungover when they head home after a music festival, making arrangements for alternate transportation or carefully checking to ensure sobriety can help people avoid the enhanced risk of a DWI arrest following their attendance of a music festival in Texas.
People may also experience a longer-lasting sense of impairment or greater overall intoxication if they combine alcohol with street drugs. Recreational drug use is arguably as common as alcohol consumption at many music festivals, even though all popular party drugs remain prohibited in Texas. Realizing that police departments will be on high alert when there is a music festival nearby may help prospective attendees who are planning a trip to proactively book transportation home that will allow them to safely assume the role of “passengers” not drivers.]]>