Around town and on the web....

City Council Passes Anti-Texting While Driving Ban: October 23, 2009. The Austin City Council has passed a new city ordinance that will make texting while driving a class C misdemeanor, punishable up to a $500 fine. Though drivers will still be able to text when their vehicle is stopped, the ordinance will prohibit writing, sending or viewing electronic messages on a cell phone, BlackBerry, iPhone or any wireless communication device while driving. Electronic messages include text messages, e-mails, posts on social media sites such as Twitter and Facebook, and "a command or request to access an Internet site." However, the ordinance exempts public safety personnel who use wireless devices while on duty. Click here to read the full article.

Never talk to the police: Mr. James Duane, a professor at Regent Law School and a former defense attorney, tells you why you should never agree to be interviewed by the police.  Click here to watch the video.  Also, Officer George Bruch, Virginia Beach Police Department, tells you why you should never agree to be interviewed by the police. Click here to watch the video.

APD Implements Cite and Release Program: The new program, written into law in 2007, doesn't alter the criminal penalties for the offense cited, but it does save you the trouble of being arrested and spending the night in jail for certain offenses, assuming of course, you have proper ID, live in the county in which the offense is committed, and are not facing more serious charges.  According to Chief Art Acevedo, "You got a college kid with a roach in the car or somebody who's got a minor property crime or minor violation -- they'll probably be released." Eligible offenses include class C offenses, and certain A and B misdemeanors such as criminal mischief, graffiti, theft, driving while license invalid, and certain possession of marijuana cases.  This law, however, is not mandatory.  The officer maintains discretion in deciding whether to employ the law. If arrested in the Williamson County area within the City of Austin, you will be arrested and booked into jail as Wilco has not implemented the cite and release program.  Click here for the article.

Red Light Cameras Are Watching You:  The City of Austin will begin implementing the use of red light cameras at high risk intersections throughout Austin. Violations will be considered civil offenses and the fines will be $75.00, but should not appear on your driving record.  Click here for the article.   

First Person Arrest for Speeding:  On May 20, 1899, Jacob German, an operator of a taxicab for the Electric Vehicle Company, became the first driver to be arrested for speeding when he was stopped by Bicycle Roundsman Schueller for driving at the "breakneck" speed of 12mph on Lexington Avenue in Manhattan . German was booked and held in jail at the East 22nd street station house. He did not have to produce his license and registration as New York State did not require them until two years later. Click here for the article.

Practice areas:

Traffic Offenses: Moving violations and other traffic related offenses, including CDL (Commercial Drivers License) cases.

C Misdemeanors: Including underage alcohol offenses, public intoxication, and other fine only offenses.

A and B Misdemeanors: Examples include driving while Intoxicated cases, assaults, and drug possession. 

Felony Offenses:  On a case by case basis. 

Occupational Drivers' Licenses: Also called an essential needs license. 

Expunctions and Non-disclosures:  Depending your particular circumstances you may be eligible for erasing or sealing your criminal records.