Gene Raymond Beaty's Answers

I got rear-ended this Monday on way to work. Can a lawyer help get and enforce a fair settlement?

You won't be happy if you try to handle this yourself. Maybe not, even with an attorney, but hiring the attorney will be smart and help you make better decisions during the process. You are right to distrust the insurance company. Unfortunately, insurance companies often make glowing promises about how they will be fair, but behave very differently once it comes time to write a check. Get an experienced attorney, a good doctor and do what your attorney suggests.

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How is a motion to supress DWI evidence for an unlawful stop presented before a judge?

A motion to suppress can be a complex process, so it requires a very experienced criminal lawyer to handle properly. The prosecutor has the burden of proof, so he will ask the cop questions to prove that the stop was justified. It is accurate to say that "the cop essentially put on trial defending his reason for the stop", because that is the nature of the hearing. When I conduct these hearings as defense counsel, I ask few, if any, questions of the cop, because it gives the cop more...

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Probable Cause for traffic stop - DWI Arrest in Texas

"Probable cause" is pretty much in the eye of the beholder. Cops don't think that the standard is very high and many Texas judges agree. There are situations where even the best judge would find probable cause for drifting across a lane indicator, such as crossing a double line, but many judges would not find that alone to be enough in the typical situation. The law recognizes that the cop has a burden to show that such action was unsafe or that it violates a specific law (such as the double...

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Do I need an attorney for DUI if I blew .14 and assume I'll just need to plead guilty?

You should not assume that you must plead guilty. There are possible issues that should be evaluated by an experienced DWI attorney before you decide what to do. The attorney will need to talk with you and see the police report to advise you properly. Police are governed by many rules and there can be salvation in those rules that can save you thousands in money and grief. Don't give away that possibility to save a few dollars now.

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Will the judge make me take a drug test at my first court appearance? And if I fail will they send me to jail?

Your fears are legitimate because the worse could happen. The good news is that it's unlikely to go that way. However, be sure you have an experienced attorney with you who knows of your situation, so the attorney can attempt to protect you if things start that way.

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Hit someone else from behind w/o insurance and no damage to thier vehicle.

Being late on payment is a problem, but not necessarily a big one. "How late" is the question and did your insurance actually lapse or was it valid on the date of the collision? This will require an examination of your policy before an answer can be attempted.

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It has been 14 months since my DWI arrest with no arraignment. Should I wait it out?

The best course is to wait it out. I have had several clients with this problem with different results. Sometimes the case never was filed, so that client was eligible for an expunction after 2 years for a misdemeanor arrest. In another case, my client was forced to install an interlock, which is quite expensive and was interferring with his work, so he elected to push for removal of the interlock, which ultimately put attention oh his case, causing it to be filed. There have been occasions...

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In order to be charge with a dwi in texas or dui dosent the officer have to stop you while driving?

The DWI comes from "operating" or being able to operate a vehicle, even off the roadway, so the cop can arrest you when you have the keys and other indicia of operating the vehicle. His right to arrest you-or not-can be tested with a motion to suppress, which you should discuss with an experienced DWi ATTORNEY. Although the arrest is probably OK, it might be worth going to trial to see how a jury would see it.

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How can i get my interlock device removed from probation with 1 violation?

The interlock must be continued for half your term of probation. If your probation was 12 months, you are nearly there. The first step is to discuss the matter with your probation officer, because most are acquainted with the situation and the court's policy regarding removal of an interlock. Sad news, judges have the right to keep it on you for the full term of probation, but most will remove it around the half way point. Since you had a violation, the judge might continue it longer, but since...

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If your are charged with a Dwi first offense in texas

NO, although they will have some trouble proving you were at 0.08 at time of driving, they are likely to try very hard to get a conviction, arguing that your blood level was higher when you were driving. Failing that, they will argue that you had lost the normal use of your physical and/or mental faculties. So you need a VERY experienced DWI trial lawyer, because you probably will want to take the case to trial.

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