Month: December 2010

Breath Test Refusal in a DWI case

In the context of a DWI request to submit to a breath test, an accused's refusal to submit to such a test cannot automatically be equated with an inference of a guilty mind.  From an objective viewpoint, an unexplained refusal is "insolubly ambiguous" and...

Loan Modification Problems

Over the last two years, there have been promises from banks to try to modify the home loans of Americans to make it more affordable for them to remain in their home. The basic idea was that the debtor had to send in some documentation to be reviewed and then they...

Fraud on the Community in Texas Divorce

There are aspects of the Texas community property system that provides additional remedies against a spouse for improper conduct involving the community estate.  Texas recognizes the concept of fraud on the community, which is a wrong by one spouse that the court may...

Holiday Cheer and DWI

The local police departments have beefed up their efforts to make DWI arrests over the holidays.  It is very obvious when one drives around and sees the number of police officers that are on patrol during the Thanksgiving season.  Historically, people typically drink...

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