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...
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Month: December 2010
Loan Modification Problems
On Behalf of Pelley Law Office LLP | Dec 1, 2010 | Bankruptcy
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...
Involuntary Manslaughter and Intoxication Manslaughter
On Behalf of Pelley Law Office LLP | Dec 1, 2010 | Criminal Defense
Intoxication in an involuntary manslaughter or intoxication manslaughter prosecution has the same definition as in a DWI prosecution. However, an involuntary manslaughter prosecution was not simply a DWI case resulting in death. First, DWi is a strict liability...
Fraud on the Community in Texas Divorce
On Behalf of Pelley Law Office LLP | Dec 1, 2010 | 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
On Behalf of Pelley Law Office LLP | Dec 1, 2010 | 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...