Dallas, Texas Bankruptcy Blog

DWI is a very expensive allegation.  If you are convicted, then you face being assessed thousands of dollars in fines, court costs, administrative surcharges, increases in your car insurance (as well as being required to maintain SR-22 insurance during the time that you have an occupational drivers license), education courses, Victim Impact Panel classes, restitution, as well as time spent performing community service and other conditions required if you are granted community supervision (probation) by the judge rather than a jail sentence.

For a first offense allegation, you face a range of punishment (if no person was injured and no child was involved) of up to 180 days confinement in a county jail, and up to a $2,000 fine or both.  For a second offense, it is a Class A misdemeanor which carries with it a range of punishement of up to 365 days in county jail, up to a $4,000 fine, or both...plus many enhanced surcharges.

A third offense is considered and charged as a Felony. In addition to potential exposure to confinement in the Texas Department of Correctional Facilities, also a fine of up to $10,000.

It is imperitive to fight each charge with diligence as it is very easy for an arresting officer to make an arrest.  It is much more difficult for the State of Texas to obtain a DWI conviction as they must prove each and every element BEYOND A REAS0NABLE DOUBT which is the highest burden of proof in our system of jurisprudence.  As a citizen accused of Driving While Intoxicated, you are presumed to be innocent and have nothing to prove.  The State holds the burden of proof, and the jury will be instructed that they are not allowed to use your election not to testify as evidence of your guilt should you so choose.  Your attorney can cross examine the State's witnesses, including but not limited to the arresting officer.  You are also afforded the opportunity to put on your own evidence and own witnesses should you so choose in your defense...although you are not required to do so in order to be found "Not Guilty" because you are presumed to be innocent under the Texas Code of Criminal Procedure.

If you have been accused or arrested in Texas, it is important to consult and hire and be represented by an experienced DWI lawyer.  Please contact one of our experienced lawyers today for a free initial consultation in the Plano, Texas office at Pelley Law Office, L.L.P. to learn your rights and defenses at 555 Republic Drive, Ste. 101; Plano, Texas 75074 or call 972-608-0335.

Bankruptcy may be the answer you have been looking for in 2011.  If you are overwhelmed by credit card debt, unsecured lines of credit, medical bills, or are facing repossession of your vehicle or foreclosure of your home then it is definitely time to find out what your options are at the beginning of 2012.  Most of the time, when you get the debt relief that you have long needed you are able to find that many areas of your life improve. 

Marriages, personal relationships, your health and general happiness can be effected by a debt problem.  Filing for protection under Chapter 7 or Chapter 13 can help take the first step towards fixing many areas in your life.  

Many couples find that a great deal of their arguments stem from debt and money problems.  Often times, even if a divorce is imminent, it is still better for the couple to file beforehand for several reasons.  First, if both people need to file then if they can get along until the bankruptcy is over they can hire only one attorney.  Divorced couples have to file two separate cases.  Secondly, often times a bigger household size is more beneficial to debtors who are having a difficult time passing the Means Test. 

Chapter 13 is more appropriate than Chapter 7 in several situations.  First, if someone is behind on their house and wants to keep it then Chapter 13 can help them get caught up.  Second, if there is an outstanding IRS obligation, then Chapter 13 can eliminate any interest and penalties that the IRS would otherwise charge the debtor.  Of course, Chapter 13 is also for debtors who simply make too much money to pass the Means Test. 

Texans' love of football is legendary. Texans' love of drinking while watching football may be a close second. According to the Texas Department of Transportation (TXDOT), the number of people driving while intoxicated sharply increases during football season in Texas.

Drinking and driving on football game days is a common issue in Texas and nationwide. According to a study conducted by the New England Journal of Medicine, 45 percent of people who drink at a football game or while watching a football game at a party drive themselves home.

While not everyone who drinks and drives is caught, officers are watching out for Dallas drunk driving on game nights. And with a new campaign launched by the Texas Department of Transportation (TXDOT), the risk of being pulled over and charged with DWI is even greater.

Filing for bankruptcy protection is a remedy that many citizens in debt have had to pursue since the recession began over 4 years ago.  There were thousands who experienced one of the wage earners in the family lose a job or take a substantial reduction in income.  

For many, there was no other choice but to try to use their credit cards to get by while trying to replace the former income in order to make ends meet.  Tragically, many families were faced with the decision of whether or not to put food on the table or use their credit cards.  Many depleted their life long savings that they worked hard to acquire.  Also, many cashed out on their 401k and now face a substantial income tax obligation to the IRS.  

For many people in a situation where they have a large amount of credit card debt, the best answer is bankruptcy.  There are other options, but they have many pitfalls.  For example, if someone who has a lot of credit card debt does an accomodation with their creditors (debt settlement plan) then they are probably not aware that they will be taxed on the forgiven portion of that debt.  In other words, if someone owed $40,000 worth of credit card debt and they were able to settle with the creditors for $10,000 then the forgiven $30,000 would be included in their gross income and could result in substantial IRS tax debt.

However, filing for protection under either Chapter 7 or Chapter 13 of the Bankruptcy Code will allow most debtors to discharge their unsecured debts and there is no taxable event.  Also, filing bankruptcy usually allows someone to rehabilitate their credit much more quickly than if they did a debt consolidation or debt settlement plan.

The bottom line is filing for protection under the Bankruptcy Code helps individuals get relief from pre-existing debt and obtain a fresh financial start.