Posted on March 03, 2023 in Criminal Defense

If you live in the Houston area, you may have heard about the annual 2K drag race events over the weekend. The organizers host the yearly event at the Texas Raceway Park in Baytown, drawing thousands of visitors. But at this year's event, police noted that "spinoffs" of the drag racing event spilled over into the streets from Wednesday to Sunday, causing dangerous driving conditions on nearby streets. What may seem like harmless fun can endanger bystanders, drivers involved in the racing, and innocent drivers who happen to be on the same road. If you are facing charges in the wake of this event, contact Attorney Doug Murphy for help. Call 713-229-8333">713-229-8333.

Drag Racing Spinoffs at 2K Event

According to the Harris County District Attorney, police arrested more than 100 people in five days during "spinoffs" of the 2K event after police observed street racing on highways and the surface roads of the freeways. Sgt. Matthew Hamm with the Houston Police Department reported, "[p]eople driving at extremely high rates of speed, doing what's called ‘fly-bys,' where along the service road people would be lined up, and the vehicles would go by at a high rate of speed. Also, we would see racing where cars would line up, and then they would give a signal to go, and then they would race each other."

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 Posted on March 03, 2023 in Criminal Defense

We see street races in movies and on TV all the time. Drag racing looks practically glamorous in movies like The Fast and the Furious, and the actors usually walk away from their crashes. But in reality, street racing involves high rates of speed on public roads, often with pedestrians lining the road watching. And accidents happen. In fact, at a recent 2K race event, Houston-area police arrested more than 100 people over five days for street racing and reckless driving. During the event, police reported that cars were "doing what's called ‘fly-bys' where along the service road people would be lined up, and the vehicles would go by at a high rate of speed."

Accidents are inevitable with street racing, "fly-bys," and high rates of speed. But when a bystander is injured, street racers can face serious consequences. As a result, police in the Houston area are cracking down on possible street racing events. If you're caught up in a drag race arrest, particularly if a pedestrian was seriously injured, the consequences and felony charges can be serious. That's why you need an expert in criminal defense law, like attorney Doug Murphy, to protect your rights. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333.

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 Posted on March 03, 2023 in Criminal Defense

You have probably heard of street racing or drag racing. It can seem harmless to race on a deserted street. But drag racing has increased dramatically since the 2020 pandemic and nationwide economic shutdown. Now, organized groups of people plan "street takeovers." These takeovers, sometimes called "side shows," involve cars blocking off whole sections of public streets and intersections with cars and flash mobs of bystanders.

At these street takeovers, participants engage in street racing or doing stunts like doughnuts, drifting, and ghost riding. Ghost riding, a trend made popular by TikTok and other social media platforms, has the driver of a car jumping out of the moving vehicle and dancing or running alongside the moving car before jumping back in. High rates of speed, stunts, and tricks on public highways lead to accidents. And now Texas authorities are ratcheting up enforcement of state street racing laws. If you get caught up in a street racing crackdown, you need an expert in criminal defense law to protect your rights. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333.

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 Posted on March 03, 2023 in DUI/DWI

It can seem like a good idea at the time. You've been out with friends or at dinner and had a few drinks. On the way home, you see blue lights flashing behind you, and you begin to worry that your blood alcohol content might be too high. The police officer talks to you about your evening, asks you to perform some sobriety tests, and then asks you to submit to a blood alcohol concentration test. Then he tells you your BAC is over the legal limit, and he's arresting you. What happens if you try to bribe a police officer to let you go?

What Happens During a DWI Stop?

The police can't just pull you over for the heck of it; they need "reasonable suspicion" that you've committed a crime. But a traffic violation like speeding, failing to use your blinker, or failing to yield gives the police reasonable suspicion to pull you over. The police will then interview you and ask for your license. During the stop, they'll be observing you and your behavior, deciding whether there is a possibility that you are intoxicated.

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 Posted on March 03, 2023 in DUI/DWI

Most of us have done it at some point in our lives. You're out with friends for the evening, you've had a few drinks, and when it's time to head home, you realize it's probably a good idea to wait a while before driving. Sleeping it off in your car is the responsible thing to do, right? Unfortunately, you could still face a DWI in some situations if the Houston police decide to wake you up and charge you. It can seem like you're being punished for being responsible. But it's important to remember that you are innocent until proven guilty. Moreover, you may have a good defense. You should immediately talk to a Texas DWI law expert to discuss your options.

What is a DWI in Texas?

The Texas statute on driving while intoxicated makes it a crime to operate a motor vehicle in a public place if you're intoxicated.

1. Public Place Driving in a "public place" doesn't have to mean a road or a highway. Public places under the DWI statute also include any place typically open to the public, like a shared driveway or a parking lot, even if it's on private property. It can also include the shoulder on the road.

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 Posted on March 03, 2023 in Criminal Defense

Drag racing is nothing new in Texas and the U.S. For decades, our movies, books, and the media have glorified street racing and the racers behind the wheel. But street racing is on the rise, and when it happens on public streets, innocent bystanders can get hurt. At a recent 2K drag race event, police arrested more than 100 people over five days for illegal street racing on highways and freeways near the event at the Baytown drag strip.

With the increase in street racing on Houston-area streets, more accidents and injuries are inevitable. As a result, the police and local officials are cracking down on drag racing. If you're caught up in a street racing arrest, you need an expert in criminal defense law, like Doug Murphy, to protect your rights. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333">713-229-8333.

Leaving the Scene of an Accident

If you're involved in any crash in Texas that results in someone injured, property damage, or damage to another car, you must remain at the scene of the accident, provide your name and information to others involved, and help if needed. See Tex. Transp. Code § 550.022 (2005). You also have a duty to stop if you damage a home or city, or state property like a "structure, fixture, or highway landscaping." Tex. Transp. Code § 550.025 (2017).

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 Posted on March 03, 2023 in Uncategorized

Crashes often result from driving while intoxicated in Texas. And while we often expect that damage to a car may happen during an accident, sometimes a DWI car crash can cause substantial damage, whether to multiple vehicles or buildings and structures beside the road. That's what an unfortunate Austin homeowner recently discovered.

Drunk Driver Crashes into House

On January 19, 2023, at 2:30 am, a drunk driver crashed into the home of Austin resident Chris Newby. The car thankfully crashed into an unoccupied guest bedroom, but the accident caused substantial damage to the home. Rescue crews had to extricate the driver, and police arrested him on suspicion of intoxicated driving. A KRQE news article noted that the driver's insurance company would be paying for the repairs, but this is a good example of collateral consequences that can happen if you're involved in an accident that causes substantial property damage along with a DWI.

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 Posted on March 03, 2023 in Uncategorized

Holidays are a time for cheer, friends, family, and having a good time. Whether it's New Year's Eve, St. Patrick's Day, Mardi Gras, spring break, or the Fourth of July in Houston, we know how to have a good time. Heading to the bar, to the beach, or to a friend's house for a party or barbecue is how many of us relax and have fun. But if you plan to have a few drinks while you party, remember to watch out for Houston's DWI enforcement.

It's not your imagination if you think there seem to be more DWI arrests and accidents over the holidays in Houston. There are. Why? It may be that more people are on the roads while drinking, making accidents more likely. But Houston's "no refusal" DWI enforcement may also contribute to the high number of arrests.

Houston Holidays and "No Refusal"

Over holidays like Christmas, New Year's, and Memorial Day, or for significant sporting events like the Super Bowl, Texas rolls out "no refusal" weekends with heightened traffic enforcement, looking for suspected DWIs. Usually, if the police want to perform BAC testing on you, they need your permission. If they have probable cause to test you, and you refuse BAC testing, they'll likely arrest you. But before they can test your blood alcohol level, they must have a warrant. Obtaining one can be time-consuming, and BAC levels can change significantly by the time they test someone.

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 Posted on March 03, 2023 in Uncategorized

Most of the time, we assume that someone who drinks at a bar or restaurant must drink responsibly. If they get arrested for drinking and driving, it is simply their poor choice, right? But someone who serves an individual later arrested for DWI or an alcohol-related charge can also face criminal charges. That's what happened to a Lake Worth bartender recently.

Serving Intoxicated Individuals in Texas

The bartender, who worked at Fuzzy's Taco Shop in Lake Worth, is accused of overserving a man convicted in a 2021 drunk driving crash. The driver ran a red light and crashed into an off-duty police detective and his family, killing the detective and critically injuring his wife and two children. At the time of his arrest, the driver's blood alcohol level was twice the legal limit in Texas, and he had THC in his system.

A DWI that results in someone's death or serious injury can have severe consequences. Both intoxication assault, a DWI involving a serious bodily injury, and intoxication manslaughter, a DWI involving a death, are felony charges. But if someone served a clearly intoxicated person before the DWI occurred, they could also face charges.

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 Posted on March 03, 2023 in Uncategorized

An arrest for a DWI is always stressful and frightening. You're undoubtedly concerned about what will happen next and the potential penalties you could face. But if you're a high-profile person in our community, you must face DWI charges while also undergoing heightened scrutiny from the media and their communities. That's what one Texas state senator recently discovered.

Senator Arrested for DWI

Police arrested Senator Charles Schwertner of Georgetown in early February for DWI in Travis County. The arresting officer reported that Sen. Schwertner's black Cadillac was "swerving to the right and left and split the two lanes repeatedly." The police affidavit also stated that when they pulled him over, he had bloodshot, glassy, and watery eyes, was slurring his speech, exhibited confusion, and had a strong odor of alcohol on his breath. Sen. Schwertner's attorney reported that the senator was "clear-eyed, sober, and making good sense" at the time of his arrest and looked forward to reviewing discovery once it is available.

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