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Car accident attorney
I’m shocked at the number of new calls we receive that involve a major car or truck accident where the victim states, “I’m not hurt” when it’s not actually the truth.  Most people are not litigious.  The idea of a lawsuit frightens most people.  I usually get a call back a few months later.  Now, the accident victim is not only experiencing pain, but is also frustrated because the insurance company won’t pay to get their vehicle fixed.  So, how do people end up in this position?

               The first reason is time.  You’re in an auto accident.  Your car is totaled.  You are traumatized.  You go to the emergency room and sit for hours.  You are frustrated.  So, you rationalize.  “I’m not hurt.”  “I’m going to get better.”  “I just want my car fixed and my life back.”  Most of us don’t like change, especially in our daily routine.  Getting treatment is a bother.  It takes time and work.  That’s a bad attitude to have and may end up causing you a life of pain.  It’s always a good idea to get checked out by a health care provider.  Early is always best.  Torn tissue is harder to repair later if you let it heal incorrectly.  Even simple range of motion exercises that take only minutes to perform could mean the difference between misery or feeling pain free for the rest of your life.  What’s that worth to you?

               If your injury is serious like traumatic brain injury, delay and swelling could cause permanent loss.  When you injure an extremity, the tissue can swell freely.  Your head is enclosed.  There is nowhere for the swelling to go.  Think of the damage even a minor brain bleed could cause over time if there is no way to relieve the pressure.  If you’ve been in a car or truck accident and you have a headache, you owe it to yourself to get checked out.  Traumatic brain injury can be easily diagnosed with an MRI or a CT Scan.  In addition, insurance companies use a software program that counts against you the longer you wait after your accident until you see a health care provider.  Don’t let yourself become a statistic that will induce the insurance company to fight against your claim.

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DWI Attorney
Today, I spoke with a client that suffers from multiple sclerosis (MS) and is charged with DWI or driving while intoxicated.  For those of you who don’t know what multiple sclerosis is, MS is a disabling disease of the central nervous system which consists of your brain and spinal cord.  The disease attacks the protective covering around your nerve fibers.  Think of the plastic covering on copper wire.  The comparable covering on your nerves is called myelin.  MS attacks the myelin and causes communication problems between your central nervous system and the rest of your body.  The damage can become so severe that a patient can have problems walking and later may not be able to walk at all.  Is this the first client I have had that has been charged with DWI when they have not been drinking?  No.  I’ve had multiple clients charged with driving while intoxicated when they are suffering from a disease of the nervous system and have not been drinking at all and have not taken any medication. So, what are the consequences?

If you don’t already know, Texas is one of the harshest states in the nation when it comes to being charged with DWI and the consequences of the arrest.  Folks, we are not just talking about the fines and court costs.  The aftermath of a DWI conviction in Montgomery, Harris, or Walker County can be far reaching and life altering.  Most people have no idea how much it costs overall to be charged with DWI.

First off, your car is usually towed at your expense.  When you are arrested your car is left behind to be towed and impounded by a local company.  This system is not regulated and there are companies that will really take advantage of you.  I’ve seen towing and impound fees start at around $300 and go to upwards of $600.  This is what you are required to pay even if you are innocent and are later found to be not guilty or the charges are dismissed.

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Personal Injury Attorney, Auto accident lawyer
We’ve all seen the ER drama shows with the ambulance pulling up outside the hospital emergency department where a crew of health professionals rush out in time to save someone’s life after an accident or trauma.  Yes, this stuff does happen in real life but the average scene is much less dramatic.

So, let’s say you are rear ended in an auto accident.  First of all, you may be confused.  You may have hit your head or even lost consciousness.  You exit your vehicle and may be greeted by police or emergency personnel. Maybe, no one is on the scene yet.  Look around, check your surroundings.  Are you hurt?  Was anyone else hurt?  If no one is on scene call the police and state your emergency.

Emergency personnel on scene may want to check you out and even offer to transport you to the emergency room after your auto or truck accident.  You arrive at the hospital and are generally greeted by a nurse.  Here, your injuries are going to be graded in order of severity.  This process is called triage.  The typical categories for your auto or work-related injuries will be first, those that are life threatening and need immediate assistance.  Next, are the urgent injuries that are not immediately life threatening.  Finally, you have the less urgent type of injuries.  Typically, the nurse will ask for your subjective symptoms; or in other words what you tell him or her is wrong with you and where it hurts.  The nurse then may go ahead and get some baseline information such as your vital signs including your blood pressure, pulse, and temperature.

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 Self-defense; assault; aggravated assault, criminal defense lawyer             
Last week the Court of Criminal Appeals of Texas gave us some insight into the current state of guns laws in Texas and the availability of a self-defense claim handing out a decision entitled State of Texas v. Gamino.  In August of 2013, Mr. Gamino and his girlfriend were leaving a bar at closing time in downtown Fort Worth, Texas.  While walking back to Gamino’s truck they passed a group of three men sitting on a street corner.  Gamino heard one of the three, who we will refer to as Khan, quote a line from a movie that was extremely lewd.  Gamino thought the comment was meant for his girlfriend and confronted Khan.  Khan testified at trial that he was not talking to Gamino or his girlfriend.  Khan stated that Gamino said, “I’ve got something for you.” Khan stated that Gamino then walked to his truck and pulled out a gun which he then pointed at the three men.  Two off duty police officers were working security in the area.  One of the officers stated that although the area was noisy and people were laughing and talking, he heard someone arguing over the others and someone yelled, “Yeah, well I got something for you.”  The officers saw Gamino retrieve something from his truck and assumed that he was retrieving a weapon.  One officer named Flores saw Gamino with a pistol in his hand.  Officer Flores drew his gun as he saw Gamino raise his gun.  The officer saw several people backing up and saw Khan and his friends putting their hands in the air.  Officer Flores told Gamino to drop the gun and he immediately complied by lowering the weapon and was not aggressive in response to the command.  Gamino put the gun down on the driver’s side seat of the pickup truck.  Khan was arrested for public intoxication and Gamino was subsequently arrested for aggravated assault with a deadly weapon.  It should be noted that Khan was very unruly and was on the verge of being tased by the officers.

Upon arrest Officer Flores recalled Gamino had said about Khan, “Well, he was talking shit.”  Flores testified that “talking shit” to someone does not give the other person the right to pull a gun.  Flores opined that any person including a police officer is only allowed to use deadly force when the other person presents a threat of either deadly force or serious bodily injury.  When cross examined by the defense, Officer Flores stated that whether a person had a right to protect himself depended on the situation.

Gamino’s girlfriend testified that she had known Gamino for eight years.  She said that after coming back from overseas Gamino had two back surgeries and two failed knees and some shoulder problems.  Was Gamino a veteran?  We don’t know because it is not mentioned in the case discussion.  Gamino was parked in a handicapped spot and was disabled.  The girlfriend said that she and Gamino had gone out to dinner with friends and then later to a club.  When leaving the club, the three men including Khan confronted them and one man threatened her.  We presume this man was Khan.  She stated that she feared for her life.

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Montgomery County Lawyer
In the James Bond as 007 movie A View to a Kill, Christopher Walken plays the evil villain Max Zorin who poses as a wealthy race horse breeder. Playing the part of James Bond, Roger Moore drops into Zorin’s palatial estate under the guise of securing a horse for breeding. Bond’s disguise is that of a James St. John Smythe. Smythe sits down across the desk from Zorin and his face is analyzed by a secret camera which discovers Smythe is really 007, licensed to kill. In 1986 this technology was pure science fiction; today facial recognition is science fact.

The new Apple Face ID program initiates every time you glance at your new IPhone X. The top of the line new iPhone contains an infra-red camera, a flood illuminator, a proximity sensor, an ambient light sensor, a microphone, a front camera, and a dot projector which all collect and store your personal information in your phone. The process begins with what they call a flood illuminator that lights up your face. Even in the dark. Then, there is an infra-red camera that takes an infra-red picture of your face. The camera dot projector then pushes out over 30,000 invisible IR dots that track every topographical feature of your face. Apple then pushes this data through what they call a neural network to create a mathematical model of your face. Didn’t the Cyberdyne Systems Model 101 Series 800 Terminator also have a neural network? I digress, the mathematical model is then checked against your model that has been stored in your phone to see if it is your face looking at your phone. If it’s a match it will unlock your phone. The phone even learns. If you wear glasses or grow a beard, the phone is still supposed to be able to recognize your face. Apple says that all this personal facial data collected is safely stored and encrypted in your device, not on the Apple cloud.

What could possibly go wrong with this technology? Remember the Madrid bombing case back in 2004? 191 people were killed and another 2000 were injured. After the bombing, FBI fingerprint examiners in Quantico, Virginia found a fingerprint on a bag of detonators at the scene of the Spanish bombings. The FBI searched for possible matches to a digital image of the fingerprint. Wait, what else creates digital images of your fingerprint… oh yes, your iPhone. The FBI supercomputer came up with fifteen matches, one of them being a thirty-seven-year-old American lawyer named Brandon Mayfield living in Oregon. Mayfield was arrested and imprisoned for two weeks while being held as a material witness to the Madrid bombings. The FBI eventually released him and gave a rare public apology but the damage was done.

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Marijuana DWI Attorney
NPR and the Wall Street Journal are some of the many news agencies featuring op-ed articles on the problem states and even countries are facing with impaired driving as it relates to marijuana.  Although marijuana is still illegal in Texas at any level, just what constitutes whether or not an individual is impaired, and at what point is the person charged with driving while intoxicated?  These are tough questions but as more states are legalizing cannabis in one form or another it is a problem that needs to be solved and yet may never happen.

In Texas, we have the legal level for alcohol set at a 0.08 BAC.  So, what’s the problem with weed?  Unlike alcohol, drugs like THC do not have a relationship between the levels of the drug in the tissues and what is considered impairment.  To make matters worse, the method of ingestion can also vary the level of impairment.  Our bodies process marijuana differently when we smoke the marijuana versus when the marijuana is eaten as in an edible product.

Some states have enacted a standard of five nanograms or delta-9-THC per milliliter of blood.  Like the Texas law for alcohol in a DWI arrest, a court can find a person is impaired at the five nanogram level for marijuana just as in a 0.08 in an alcohol test.

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Car and Truck Accident Lawyer Conroe
Last week we started a new article on what to ask your doctor after you have been involved in an auto or truck accident.  We discussed your diagnosis and your treatment options.  But what happens when the conservative care fails? 

First off, you need to work hard at your rehabilitation and recovery.  You are in pain.  We know this.  It isn’t going to be easy.  However, once you start healing, you need to start exercising and moving or the pain is not going to go away.  Movement in your joints will cut off those pain pathways that are making your life so difficult.  Car, truck, and motorcycle accidents can cause massive damage to your connective structures in your body.  These internal injuries can lead to scar tissue that will influence the mechanics of your body.  By using rehabilitation to reinforce proper healing you can minimize this damage.

Specialists.

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Montgomery County Truck Accident Attorney
You’ve been involved in a car, truck, motorcycle, or 18-wheeler accident in Montgomery County or one of the surrounding areas.  Now what?  Clearly, your long-term prognosis should take a priority.  It’s the only body you’ve got.  Fix it right.  If you were injured, you may have received some form of evaluation and treatment at the scene of the vehicle crash, probably at the hospital emergency room, and maybe by your personal physician.  If you didn’t receive treatment you should be seen immediately by your personal physician to get a checkup.  You are protecting your own health and safety. If you have a personal injury claim that pops up later, you preserve your claim and seek reimbursement from the driver at fault.

As a treating physician for many years, I understand that doctors are busy.  As a personal injury attorney, I want you to communicate with your doctor.   Sometimes, your doctor may overlook questions that you may want answered.  It never hurts to ask.   Here are some common topics you may want to think about to ask your doctor.

What is your diagnosis?

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Madison County DWI Lawyer
Madison County, Texas

A woman who was arrested for DWI in Madison County, Texas managed to elude police after the arrest.  The woman was involved in a wreck on Old San Antonio road which runs from Midway along the Leon County border toward Brazos County along the northern Madison County Line.  The woman was taken into custody and handcuffed.  However, according to the Texas Department of Public Safety, the woman was able to move her handcuffs from her back to her front and then jump into the DPS Trooper’s patrol car to flee the scene.  Luckily, a Madison County Sheriff’s Office deputy was on scene investigating the car crash.  The DPS Trooper jumped into the sheriff’s vehicle and chased the woman down Old San Antonio Road.  It appears the trooper fired at his own vehicle and was able to successfully disable the patrol vehicle.

Bridget Cast, 31 of Longview, Texas was arrested on charges of evading arrest, unauthorized use of a motor vehicle, and driving while intoxicated.  Evading arrest or detention in Texas is when a person intentionally flees from a person he or she knows is a peace officer while the officer is attempting to lawfully arrest or detain him or her.  Evading is a Class A misdemeanor unless the person has been previously convicted or the person uses a vehicle or watercraft to flee.  If the person evades in a vehicle or watercraft and has not been previously convicted, then the offense becomes a state jail felony.  If the person has been previously convicted and flees in a vehicle or watercraft the offense becomes a third-degree felony.  Class A misdemeanors in Texas are punishable by up to a year in jail or a $4,000 fine or both.  A state jail felony is punishable from 180 days to two years in state jail and or a $10,000 fine.  A third-degree felony can land you from 2-10 years in the Texas Department of Criminal Justice Institutional Division and an additional $10,000 fine.

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 Personal Injury Conroe
The simple answer is yes.  You may be injured and then again you may think that you’re not injured.  Accident attorneys and doctors that treat motor vehicle accidents will tell you to see your doctor after a collision.  Yes, even if it is a minor vehicular collision.  Your long-term health, safety, and wellbeing are on the line.  You owe it to yourself to get checked out.

When you are in a car a car accident your body releases adrenaline and other hormones during periods of stress.  Your circulation, heart rate, and breathing are accelerated.  These chemical transmitters are released to help you survive but they may also mask symptoms of you being hurt.

Think about it this way.  How much does your car or truck weigh?  Many thousands of pounds.  Think about the force that is required to stop those thousands of pounds in relation to the connections in your body.  An impact from a car or truck crash produces a great amount of force resulting in a serious shock to your body.  You are only human and the human body is not meant to endure an impact of that magnitude.  Therefore, the injury you think is only minor may be much more serious.  Injuries are common even in low speed motor vehicle accidents.