Reinstate Suspended Texas Driver License

The difficulty in reinstating your Texas driver license depends on why it is suspended. If there are warrants out or missed court dates, those issues will usually need to be resolved first. After a DWI arrest there usually is a suspension. After that suspension is up, there will need to be a reinstatement fee paid to Texas DPS in Austin.

How do I get my license back after a DWI?

Once a suspension begins a person can be eligible for an Occupational License. This allows a person to drive for essential needs such as work, groceries, school, court dates etc. The length of time of the license depends on the suspension period. The driver will need to pay the $125 reinstatement fee to DPS along with a $10 occupational license fee. At the end of the license suspension the driver will go to the local DPS and get another copy of a Texas driver license.

This is all done through a court with a judge signing off on the Occupational License Order. It is easier with a lawyer who has experience in this matter.

How long is your license suspended for a DWI in Texas?

There are different suspension periods for drivers accused of DUI and DWI in Texas. When a driver is stopped for drinking and driving there is an administrative action separate from the DWI charge in court. The Administrative License Revocation process periods are in the chart below. Keep in mind these are independent from license suspensions that may occur as a result from a conviction in court later.

Drinking and Driving AccusationSuspension Period
DUI (driver under 21 only)60 day suspension
DWI arrest with Breath/Blood Consent90 day suspension
DWI arrest with Breath/Blood 2nd Consent in 10 Years1 year suspension
DWI arrest with Breath/Blood Refusal180 day suspension
DWI arrest with Breath/Blood 2nd Refusal in 10 Years2 year suspension
Administrative License Revocation (ALR) suspension periods

Can you get insurance with a suspended license in Texas?

Yes. There is SR-22 insurance for suspended driver license. This is special insurance for a driver while driving with a Texas Occupational Driver License. The SR-22 insurance is designed to keep the state of Texas updated that the vehicle an Occupational licensed driver is driving is insured. The following are the coverage amount minimums for SR-22 insured drivers.

Minimum Liability Amounts

The minimum liability coverage amounts required by law are:

  • $30,000 for bodily injury to or death of one person in one crash,
  • $60,000 for bodily injury to or death of two or more persons in one crash, and
  • $25,000 for damage to or destruction of property of others in one crash.

Is my driver license suspended?

To check if your driver license is suspended visit this site below and enter the required information https://txapps.texas.gov/txapp/txdps/dleligibility/login.do

What is the Punishment for Terroristic Threat in Texas?

The punishment for Terroristic Threat in Texas depends on the circumstances. It is generally a Class B misdemeanor against a person. It is a Class A misdemeanor if it involves a family member. If there is a $1,500 or more pecuniary loss to a location’s use or against a known peace officer or judge it is a State Jail Felony. It could also be a 3rd Degree Felony if it interferes with public works, places the public in fear of serious bodily injury, or influences activities of a government agency.

Offense LevelAction by the Actor
Class BIntent to cause reaction to
person in emergency agency or
to a person fear of imminent bodily
injury
Class AIntent to cause fear of imminent bodily
injury toa family member
State Jail
Felony
Causes $1,500 or more damage for the
interruption of a place open to the public or intent
to place a peace officer
or judge in fear of serious bodily injury
3rd Degree
Felony
Interruption of public works, places
public in fear of imminent serious bodily injury,
or influences the conduct
or activities of a government agency

What is an Example of a Terroristic Threat?

A Terroristic Threat at the Class B Misdemeanor level causes a reaction of ANY type to anyone in an agency dealing with emergencies. It also qualifies if its intent is to place a person in fear of imminent serious bodily injury.

What is Fear of Imminent Serious Bodily Injury?

Texas case law defines “Imminent” as ‘near at hand; mediate rather than immediate; close rather than touching; impending; on the point of happening; threatening; menacing; perilous.’

It is not necessary for an offense to occur that the victim was placed in fear of imminent serious bodily injury although that helps prove the case. The accused merely having intent to cause fear of imminent serious bodily injury creates an offense of Terroristic Threat.

Does Fear Help Prove Terroristic Threat?

Fear is an emotion induced by perceived danger or threat. If the victim is in fear then all that remains is to analyze the acts, words, and conduct of the actor to infer intent. Fear is not required but it helps prove imminence of serious bodily injury regardless if it was a real or carried out threat.

Sometimes these cases involve assault and domestic violence. Call or message us in the contact form. Austin Assault Defense Lawyer Eric Torberson is ready to help.

Conclusion

There will be a lot of facts to cover to determine whether or not terroristic threat has occurred. Most of the time these instanced involve heightened emotions and a resulting over reaction.

See the homepage on this site to learn more about Eric Torberson, Austin Criminal Defense Lawyer .

Leaving the Scene of an Accident Texas

In Texas there is a responsibility to pay for damages that you cause when you are driving a vehicle. It makes sense as with any property damage that we cause, it’s only fair that we take responsibility for fixing it. But it does not always work that way.

What is the duty on Striking Structure, Fixture or Highway Landscaping?

This statute can get a person charged with a Class C or Class B misdemeanor. The determining factor is whether the damage is less than $200 making it a Class C, or more than $200 making it a Class B misdemeanor.

An operator of a vehicle that has been in an accident resulting in damage to a structure, fixture, or landscape on or adjacent to a highway is required contact someone. The statute says the driver must take reasonable steps to locate and notify the property owner or manager. The driver must provide name, address, and registration of the vehicle in the accident. Also the driver must show driver’s license to the owner or manager of the property damaged if requested.

What is a Highway?

It is important to understand how “highway” is defined. I used to think of an expressway with high speed limits such as a freeway. The Texas Transportation Code 601.002(4) defines it as the entire width between property lines of a road, street or way in this state that is not privately owned or controlled. Also it is open to the public for vehicle traffic and the state has legislative jurisdiction under it police power.

This is news to the uninformed, that this could apply to either a residential street alley or a freeway. Basically just about any roadway that is not on private property.

What is a Driver’s Duty After Striking an Unattended Vehicle?

A driver who hits an unoccupied vehicle is required to find the owner or operator or leave their contact information and circumstances on or in the damaged unoccupied vehicle.

Like the prior, law this statute also delineates the level based on damages. The damages to a vehicle totally less than $200 make it a Class C misdemeanor. Damages above $200 make it a Class B misdemeanor to leave without leaving information.

Here the operator who collides with and damages an unattended vehicle must immediately stop and give his name and address to the owner or operator of the unattended vehicle. If that is not possible, the driver must leave a note with name and address with the circumstances in a conspicuous place in or on the vehicle.

Can You Move Your Car After Accident?

According to Texas Transportation Code 550.002(b), a driveable vehicle involved in an accident on a freeway main lane, ramp, shoulder, or median must move the vehicle to minimize interference with freeway traffic.

The driver is required to move the vehicle as soon as possible to an accident investigation site, frontage road, cross street, or suitable location to give information or render aid.

This law applies to accidents in metropolitan areas and is a Class C misdemeanor if violated.

What To Do After a Car Accident?

Assuming there are no injuries, a driver involved in an accident with only vehicle damages is supposed to immediately stop or stop as close to the accident scene without obstructing traffic unnecessarily.

If the vehicle is still in motion, the driver is required to return to the scene of the accident. If already at the scene the driver is required to stay until the required information is exchanged.

Failure to stay at the scene, will subject the driver who leaves to a Class C misdemeanor if the damage to all the vehicles is less than $200. If the damage to all the vehicles is more than $200 it is a Class B misdemeanor to leave without exchanging information.

What Do I Do in a Car Accident Involving Injury?

When an accident results or is reasonably likely to result in injury or death occurs, the driver is required to stay at or return to the scene of the accident. Without unnecessarily obstructing traffic, the driver is supposed to determine if the injured people require aid and also remain at the scene until information is exchanged and aid is rendered.

Leaving the scene of an accident when injuries or death are involved has serious consequences. There are 3 levels of felonies involved depending on the degree of injury or if death occurred.

  • If the accident involves only “injury”, leaving the scene can result in probation or up to 5 years in prison or up to 1 year in county jail. A fine can be up to $5,000.
  • If the accident involves “serious bodily injury” as defined in Penal Code 1.07, it is a 3rd degree felony to leave the scene of the accident. Serious bodily injury serious permanent disfigurement, loss or impairment of a bodily member or organ.
  • An accident resulting in death is the highest level of offense. Not sticking around will possibly result in a 2nd degree felony involving up to 20 years in prison and up to a $10,000 fine.

Leaving the scene of an accident is likely not the sole crime a person would be charged with. It would be included with other possible crimes such as dwi, or criminal negligent homicide.

What is the Duty to Give Information and Render Aid?

As mentioned earlier the driver of a vehicle causing injury or death or damage to a vehicle must give their information. The information includes name, address, and vehicle registration number. Also the driver must provide his or her liability insurer to any person injured or the other vehicle operator and occupants.

The driver must also show a driver’s license to any of the above who request to see it.

More importantly, the driver must provide reasonable assistance whether it is transporting or arranging transportation for an injured person to a hospital or physician for medical treatment. Case law has mentioned that personally driving a victim to the hospital is not required. But staying at the scene until medical personnel arrive or a person the driver knows is capable of emergency medical assistance is required.

Is Each Injured Person a Different Offense?

Texas case law determines that double jeopardy does not apply to each separate victim when charging a person for leaving the scene. The legislature’s intent in a hit and run is to aid all victims. This makes leaving the scene a separate offense for each person injured or killed in an accident.

I represent clients charged with many different offenses. There are different reasons for what people do. There is no perfect situation that applies to every fact situation. It is important to give all the details to an attorney who you trust.

I go over all the scenarios and issues that need to be discussed before negotiations begin with the state. It is never a hopeless situation and there is always a way for life to get better. Contact me at 512-340-7300 or fill in my contact form here or at https://criminalattorneyinaustin.com to get more information about how to handle your case.

Texas Penal Code Robbery

If you are charged with Robbery in Texas call me. I am a Texas criminal defense attorney who handles Robbery and other criminal defense cases in various central Texas courts. Robbery can sound much worse than it is. A simple department store theft can result in a robbery charge. A common way for this resulting charge is when the loss prevention officer tackles someone stealing.

Texas Penal Code Chapter 29.02

Robbery is a 2d degree felony in Texas. It can take place in 2 ways. In Texas Penal Code Section 29.02(a)(1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury to another.

Robbery By Bodily Injury or By Fear of Bodily Injury or Death

In Section 29.02(a)(2) a person committing a theft with intent to obtain or maintain control of property intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

A very important distinction between (a)(1) and (a)(2) is the mental state. The mental state required in the former allows for the reckless mental state. But the later requires more specific intent of intentionally or knowingly. Reckless mental state requires a person to be aware of, but consciously disregards, a substantial and unjustifiable risk that the circumstances exist or the result will occur.

This means that in order to be guilty of Robbery by fear of bodily injury or death (a)(2), the mental state of a person is required to at least be “aware that his conduct is reasonably certain to cause the result.” This is acting knowingly or with knowledge as defined in Texas Penal Code Definitions of Culpable Mental States.

Robbery By Bodily Injury

As I mentioned earlier, robbery can be a situation that started out by committing a simple misdemeanor theft at a store. It then becomes much more serious when a loss prevention officer, employee or security guard attempts to stop the theft by using force and becomes injured during the process.

Some common injuries are scratches, bruising, and sore muscles. This form of robbery does not include serious bodily injury or a deadly weapon. That would increase the severity of the charge from a 2d Degree Robbery to 1st Degree Aggravated Robbery.

Texas Penal Code Aggravated Robbery

Penal Code Aggravated Robbery Section 29.03 is a step up from the lower charge of Robbery. Instead of facing 2 to 20 years and in prison and $10,000 fine it is a 1st degree felony with a punishment range of 5 to 99 years and up to $10,000 fine.

Aggravated Robbery Penal Code Section 29.03 (a)(1) says a person commits robbery as defined by Pen section 29.02 and causes serious bodily injury or (a)(2) uses or exhibits a deadly weapon.

Aggravated Robbery Serious Bodily Injury

Serious bodily injury is defined in Penal Code 1.07(a)(46) as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. It is important to note that this would not have to include a deadly weapon to make the charge a 1st degree felony.

Deadly Weapon

If a person wishes to be put on probation for aggravated robbery, it will need to be ordered by a jury. Under the Texas Code of Criminal Procedure 42A the law does not allow a judge to place a defendant on community supervision.

If a jury finds that the defendant used a deadly weapon, the defendant’s eligibility for probation and parole are affected.

There are different kinds of deadly weapons. The first is “by design”, which is anything designed, made or adapted for the purpose of inflicting death or serious bodily injury. The State, by proving deadly weapon by design, will not need to verify that the object was really capable of causing death. Thomas v. State, 821 S.W. 2d 616,620 (Tex.Crim.App.1991).

The second deadly weapon category is “by manner of use”. This is anything in the manner of its use or intended use is capable of causing death or serious bodily injury. This will require an examination of the specific facts of the specific criminal episode in light of the facts that existed when the felony was committed. The deadly weapon does not require the object actually causes death or serious bodily injury, but just the particular use of the object would be capable of causing death or serious bodily injury.

Some example of deadly weapons “by design”(bayonet, BB gun, firearm) and “by manner of use” are listed below:

  • axe handle
  • baseball bat
  • bayonet
  • BB gun
  • belt buckle
  • board
  • bottle
  • club
  • drugs
  • dustpan
  • fire
  • firearm
  • flashlight
  • foot
  • gasoline
  • glass decanter
  • hammer
  • hand
  • hiv-positive person
  • intense light
  • knife
  • mixture of sedatives
  • motor vehicle
  • nailgun
  • nunchakus
  • pillow
  • rope
  • scissors
  • screwdriver
  • seminal fluid
  • shank
  • spear
  • stick
  • straight razor
  • underpants
  • unknown object
  • utility-truck bucket
  • hot water

Robbery of Person 65 Years or Older or Disabled Person

A robbery becomes a 1st degree felony aggravated robbery when a person commits robbery as defined in section 29.02 and causes bodily injury, or threatens or places in fear of imminent bodily injury or death, to someone 65 years of age or older.

A person commits aggravated robbery when a person commits robbery as defined in section 29.02 and causes bodily injury, or threatens or places in fear of imminent bodily injury or death, to a disabled person.

Robbery Punishment

For robbery, the punishment can be 2 up to 20 years in prison and up to a fine up to $10,000. Also, probation of between 2 and 10 years is available. For aggravated robbery, a defendant must go to a jury to receive a sentence of community supervision(probation). The jury must probate 10 years or less of prison for it to consider community supervision.

Also in order for the defendant to receive community supervision, he or she must file a sworn motion with the judge that the defendant has not previously been convicted of a felony in this or any other stat. And the jury must enter in the verdict a finding that the information contained in the defendant’s motion is true.

Call me, Attorney Eric Torberson, to speak to a criminal defense attorney to discuss your circumstances. I practice in Austin, Johnson City, San Marcos, Bastrop, Georgetown, Belton, Burnet, Lockhart, Giddings, Cameron, and many more county seats. https://criminalattorneyinaustin.com.

Affordable Criminal Lawyers in Austin Tx

Affordable attorney Eric Torberson

Can I win my case without paying a lawyer a lot of money?

Yes, it is possible. Hiring an expensive attorney does not guarantee that you will get the best results for your case. Each attorney is different and it boils down to effort, performance and experience. Finding a lawyer that cares more about you than the money might be the the ultimate factor in a positive outcome.

I have seen and heard about attorneys charging extremely small fees for cases that require a great deal of skill and effort to work on. There is a good chance that you will not get that money back if you find out that no work has been done on your case later on. 

Click on our Austin page to find an affordable criminal lawyers in Austin Tx or if looking for an Austin domestic violence attorney.

On the other hand there are other lawyers who charge a lot of money and do not work hard for their clients. Just the other day I got a call from a person who gave an attorney $12,000 for a down payment and can’t get the lawyer to call him back. He wants the lawyer to refund his money now so he can hire another lawyer for his case. But he can’t reach the lawyer. The amount of stress this guy is in is incredible. 

CALL US 512-920-0529 OR ENTER YOUR INFO IN THE CONTACT FORM

Can I find a lawyer on Craigslist such as Craigslist Austin?

Craigslist is generally known for finding things that people are trying to get rid of for a reasonable price. The reasonable price is what the market dictates or what a person is willing to pay for depending on how bad they want the product or service. I can’t say that finding an attorney on craigslist Austin or any other craigslist city is bad. It could be a risk and the lawyer needs to be asked questions about performance, experience and skill as much or more than another attorney. 

Affordable Austin Criminal Defense Lawyer

I try to help future clients who contact me. If you are in a financial bind and need a payment plan, I do those. I represent clients charged in Austin and need an Austin criminal Lawyer or Austin DWI Attorney. I also represent people in other counties in central Texas. I enjoy going to other county courthouses and working on my clients cases. Just because you need to get on a payment plan to hire me does not mean that I will not work hard on your case. You deserve the best effort a lawyer can give you. 

Misdemeanors and felonies require different amounts of work. Felony cases generally will be charged at a higher fee than a misdemeanor. Every case is unique so call me at (512)340-7300 and ask how I can help you. 

Cheap Lawyers Austin Tx

The term cheap lawyer is not equated with great lawyer. However, some people cannot afford to pay a lot of money for an expensive attorney. There are lawyers that do not charge a lot and will try hard to win your case. The hard part is finding the combination of skill and affordability. I do not charge high rates like some attorneys do. My time is valuable, but I enjoy helping people have a better life and get past legal bumps in the road. Call or enter your contact information at https://criminalattorneyinaustin.com to get an affordable quote for your legal case. 

Affordable Austin Defense Attorney

Do not let something you have heard from someone else determine whether you call and speak to an attorney about your case. I choose to do my own research instead of believing rumors. Too many people do not do their research to find the truth. I let my skill, performance and experience speak for itself with many, many satisfied clients. Call or enter your information in the contact form so I can help you today!

Age of Consent in Texas

What is the actual age of consent in Texas?

The age of consent in Texas is 17 years of age regardless of gender. This means that someone 17 or older can consensually have sex with another 17 year old or older.

Another Texas Penal Code law Sec. 43.25. SEXUAL PERFORMANCE BY A CHILD, should be mentioned. A person who is more than 2 years older than a 17 year old can be charged with this offense. It is a 3rd degree felony.

There are other important details that are very important. If a person is not more than 3 years older than a child 14 years of age or older, then it is an affirmative defense in Texas against the charge of sexual assault. This means that a person at least 14 years old having sex with someone 3 years or less older is not a crime against the older participant. Once the youngest participant becomes 17 years of age, the matter is no longer an issue. This affirmative defense is important when calculating the age of a child of the age 14,15, and 16 having sex with someone older. So obviously the older the child, the older the other person can be within the 3 year older range. 

What is the Legal Age of Adulthood in Texas? 

This depends on what the issue is. For the criminal purposes of accusing a person as an adult, 17 is the age of adulthood. Otherwise a person is an adult in Texas at the age of 18.

What are the Best Options Looking For a Sexual Assault Lawyer?

Call me, Eric Torberson, or enter your information on my website https://criminalattorneyinaustin.com

Texas Domestic Violence Laws

What Happens When 911 is Called Regarding a Domestic Dispute?

Well yes, the obvious result is that the police will show up at your door. But what then?

Texas domestic violence laws seek to protect romantic partners, spouses and family members from physical abuse. There is no doubt that it takes place. It is very unfortunate that people feel like it is necessary to harm another person. But sometimes it’s not clear who the real aggressor is and if harm has been caused. Another complicating matter is alcohol or drugs are involved creating irrational behavior. As a defense attorney who has handled many assault family violence cases, it is rarely clear that just an assault was committed by my client. I have rarely had a case where the man clearly assaults his wife or girlfriend as shown in the movies by actors or done by athletes on security videos.

How Severe are the Texas Domestic Violence Laws?

The Texas Penal Code Assault Statute ranges from a class C ticket to a 2nd degree felony for subsequent impeding breath allegations. It is important to retain a qualified and experienced Texas domestic violence attorney. Through the years the law has expanded and grown more complicated. Having a conviction for an assault family violence case is bad enough. But having subsequent charges in court can be devastating. The family violence finding from the first case will follow any later charges making them a felony accusation with much higher consequences. This means that even a class C assault by contact case with a family violence finding will enhance the next charge to a 3rd degree felony in Texas. And generally it all boils down to whether pain was felt or not in the typical domestic violence assault case.