There are essentially two parts to any D.W.I. arrest. First, the citizen accused has the option of whether or not to provide a blood or breath specimen. If the driver refuses a blood or breath test, then the Texas Department of Public Safety will suspend his/her...
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Month: August 2010
Filing Fees
On Behalf of Pelley Law Office LLP | Aug 26, 2010 | Bankruptcy
In the Southern District of Texas in 2008, the Chapter 13 debtor filed an application to pay the $274 bankruptcy filing fee in installments over 120 days, with a minimum of $50 per month. The trustee objected to the application because the debtor had filed Chapter 13...
Means Testing
On Behalf of Pelley Law Office LLP | Aug 25, 2010 | Bankruptcy
In Schultz v. United States, the above median income Chapter 13 debtors from Tennessee brought an adversary proceeding seeking a determination that the "means testing" provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA")...
Probation Revocation
On Behalf of Pelley Law Office LLP | Aug 25, 2010 | Criminal Defense
In 2009, the trial judge at the hearing on a motion to revoke Amber Lovill's community supervision amended the terms of supervision to account for Lovill's pregnancy. Lovill filed a motion for new trial alleging that she was subjected to gender-based selective...
Motion to Modify
On Behalf of Pelley Law Office LLP | Aug 25, 2010 | Divorce
Mother and father were divorced in January 2005 and designated as joint managing conservators of their child. In July 2005 father filed a motion to modify seeking sole managing conservatorship. Motion filed an answer and counter-petition. Further, mother filed a...
Suit to establish paternity
On Behalf of Pelley Law Office LLP | Aug 24, 2010 | Divorce
The Fort Worth Court of Appeals heard an appeal from the father from a default judgment issued against him in a suit to establish parentage brought by the Attorney General. The father argued that he was unable to attend the hearing because of a car accident and that...
Criminal History & Employment
On Behalf of Pelley Law Office LLP | Aug 24, 2010 | Criminal Defense
An article in Voice for the Defense explains about how a criminal history can effect one's ability to obtain employment. Every school district performs a background check on all applicants for employment. This is on area where board policies are often remarkably...
Means Test and Household Size
On Behalf of Pelley Law Office LLP | Aug 24, 2010 | Bankruptcy
In order to qualify for a Chapter 7 bankruptcy or to determine how much of unsecured debt must be paid back at zero percent interest through a Chapter 13 bankruptcy, a debtor must pass a Means Test analysis. The means test is Congress's 2005 legislation that compares...
Deadly Weapons and DWI
On Behalf of Pelley Law Office LLP | Aug 23, 2010 | Criminal Defense
In Quincy v. State, The defendant's hands were found to be a deadly weapon essentially because the defendant was bigger than the victim and also due to the fact that "a shelf in the pantry may have actually caused the wound is of no consequence." The court found,...
Motions to Modify and Paternity
On Behalf of Pelley Law Office LLP | Aug 23, 2010 | Divorce
In the Interest of W.R.M.D. is a case out of the Waco Court of Appeals where the father's paternity was established in 2004 when the child was 20 months old. In that order, the mother was given the exclusive right to determine the child's residence. 18 months later,...