THE ZERO TOLERANCE LAW IN TEXAS ISN’T SET AT ZERO

Zero tolerance laws in texas - herman martinez - houston criminal defense attorney.

What Is the Zero Tolerance Law in Texas?

The Texas ZERO TOLERANCE law prohibits any minor from operating a motor vehicle in public with any detectable amount of alcohol in their system. This is a criminal offense known as Driving under the Influence of Alcohol by a Minor (DUIA by a Minor). The legal limit of intoxication, which is typically 0.08% blood alcohol content (BAC), does not apply to minors.

Background on the Zero Tolerance Policy

In the state of Texas, the police maintain a Zero Tolerance law. This means that individuals under the age of 21 are not allowed to drive with any alcohol in their system. It is illegal for these individuals to even consume alcohol. Interestingly enough, the “zero tolerance” policy in the state of Texas isn’t actually set at 0.00%. In some states, any underage drinker that registers with any alcohol in his or her system can be arrested.

In Texas, the underage drinker has to register at 0.02% to qualify for violation of the Zero Tolerance policy and receive charges and an arrest. This is a very low BAC that most individuals can reach with one or two beers. This means that most of the time teens face underage drinking and driving if they have any substantial alcoholic drinks recently. Yet the 0.02% buffer protects any underage individuals who may have only had a few sips of Mom’s wine at dinner.

The National Highway Systems Designation Act of 1995 originally mandated that all states consider a 0.02% BAC for under-21 drivers. All states were required to set this limit in order to qualify for Federal Aid Highway Funds. All states eventually agreed to this rule, but many states set their limit as a per se offense. This means that the police don’t actually have to prove intoxication if the driver is above the stated limit.

Zero Tolerance in Other States

Some states decided to go even further and set their limit at 0.00% as later recommended by the federal government. Texas remained at the 0.02% limit, and continues to operate with this law in place today. This means that if you face charges for an underage DWI and prosecution on a zero-tolerance 0.00% policy standard, this may not be in accordance with the state laws.

You need a skilled DWI attorney at The Martinez Law Firm to assist you with battling your charges.

 

Texas Introduces Domestic Violence Registry

Most states have sex offender registries that allow them to list those convicted of sex crimes. Rapists, sexual assaulters, child pornography offenders, and others are listed on this registry for the public. The registry is public shaming, and many individuals will steer clear of
sex crimes in order to avoid being put on the state list where anyone can learn about their past offenses. Now, Texas has created a new registry of similar nature for those that are domestic violence offenders.

Every year, thousands of individuals are battered and harmed by family members. In fact, the Texas Department of Public Safety reports that in 2011, 177,983 people reported incidents of domestic violence. 40% of these incidents were against a spouse, and about 16% of the acts of violence were against children. 44% of all domestic violence acts involved violence against an immediate family member.

Because of this, the state has decided to list all persons convicted of domestic violence or domestic abuse on a registry. The registry will show their names, birth dates, and even mug shots. If you have been charged with a domestic violence crime, you will want an attorney there to represent you in court. If you fail to prove that you are innocent of your crime, you may be placed in this registry where your reputation will be damaged. Currently, the registry is reserved for individuals with three or more domestic violence convictions.

An attorney at The Martinez Law Firm can help you if you have been accused of a violent crime against a family member. Many times, domestic violence cases are over-exaggerated or can be fabricated by a bitter family member. Commonly, women will report that their partners or husbands abused them, even if this is not true. The courts tend to believe women over men in these situations, and an innocent husband or father may be jailed as a result. If you’re looking for the best Houston criminal defense attorney available, then you should contact The Martinez Law Firm today!

Texas Law May Enhance Protection For Homosexual Teenagers

Texas lawmakers make put into effect laws to protect homosexual teenagers. Under current laws, sexual contact with minors that are under the age of 17 is considered a crime of indecency in Texas. A caveat in this law allows teenage couples to avoid prosecution if they are in a consensual relationship and are both over the age of 14 and within three years of age of each other. Still, this law specifically states that this law is only available
to couples of the opposite sex. For example, if a 17-year-old and a 21
year-old of opposite sexes engage in a consensual amorous relationship,
then neither party can be prosecuted in connection with the crime.

If the same situation were to happen but between two homosexuals, current law would not allow for both parties to avoid prosecution. That is why a new law has been proposed. This new law would make it possible for homosexual teenagers and others to have the same protections as their heterosexual peers. The bill is currently going through the state legislature and claims that Texas should revise its definition of indecency with a minor to remove any implications that the law only has to do with heterosexual couples. In many states, sex offender relationships that are consensual and between those that are close in age have been treated with leniency.

Texas is one of the only states that distinguish that both partners in
one of these situations must be of the opposite sex in order for a consensual relationship to take place. This intriguing discussion on gay rights could affect some criminal law cases, so if you have been accused of sexual indecency with a minor, then make sure to mention this pending legislation to your attorney. Hire a Houston criminal defense lawyer at The Martinez Law Firm to assist you if you need help with your sex crime allegations today!

Texas Indecent Exposure Laws: Can You Be Arrested?

In Uniontown, Pennsylvania, a woman was recently arrested when the police found her performing stripteases at an intersection in order to collect some extra cash. ABC News says that the woman was flagging down motorists and then telling them that she would take off her clothes if they would give her some cash. Jackie Hatters is currently jailed on a $25,000 bond. She was booked on charges of marijuana possession and disorderly conduct.

In Texas, women can also be arrested for strip teasing or indecently exposing themselves outside of the context of a strip club. In Texas, indecent exposure merits a misdemeanor. Whenever a person exposes a private part of their body for sexual arousal or with disregard to others who could be watching nearby, that person can be booked on these charges. According to one Houston lawyer, a person can also be arrested for publically performing sexual intercourse with another person or having sexual contact with someone in a public context.

If a person exposes his or her private parts in a lustful way in order to purposefully gratify a sexual desire, then he or she can be booked on indecent exposure. This can bring on up to $2,000 in fines and about six months in prison. If you have been arrested for public exposure, public lewdness, or another offensive act, then you will want a criminal defense lawyer on your side. If you do not acquire expert representation, you may end up like the woman in Uniontown, Pennsylvania who will have to serve a sentence for her actions. Don’t hesitate to get in contact with a lawyer at The Martinez Law Firm today for more information. We will work hard to diminish or eliminate your charges and fight to prove your innocence!