Arrested for DWI over Fourth of July Weekend? Read this ASAP!

July 14, 2022 | by M. Neufeld Law

DWI Arrest COnroe
The fireworks faded, heartburn from that freedom dog set in, and the feel of the cool aluminum Truly can in your hand was swapped for the cold steel of handcuffs around your wrists. This sounds like an arrest for DWI over Fourth of July Weekend. The next thing you know you’re walking out of the Montgomery County Jail in Conroe with a vacuum sealed plastic packet with paperwork that makes no sense. What does that paperwork mean? What do you do next?

Sorting through that packet of paperwork can feel overwhelming. Each flip of the page floods you with the emotions of being cuffed, placed in the back of the police car, and booked into jail. You might want to toss it to the side and forget this DWI arrest ever happened. Doing that though could result in an automatically suspended driver license. In Texas when you’ve been arrested for an alcohol related driving offense, you only have 15 days to request an Administrative License Revocation hearing. The DIC-25 Form in that packet serves as your only notice and admonishment of this process.

During the arrest process when requesting a specimen of your breath and blood, the officer should have read you the DIC 24. This form vaguely lays out the consequences of refusing and/or consenting to providing a sample. The ALR Hearing acts as the venue to determine if your license shall be suspended for refusing or failing to provide a breath or blood sample.

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

August 7, 2020 | by M. Neufeld Law

“How Did My Vape Pen Land Me a Felony Charge?” And Other THC Related Questions

cdc-3_OGgbdPIdA-unsplash-300x200
The advent and mainstream use of CBD products, changes in the legislature and Travis Scott have normalized marijuana usage and desensitized Texas high schoolers and young adults to the criminal consequences of some products. Gummies, wax, and vape pens aren’t your parents’ blunts or joints. And partly the reason you were charged with a felony when you were arrested in Montgomery County with your vape pen. But, why is that really?

A vape pen is a compact, on-the go vaporizer that resembles a pen. Otherwise known as a dab pen, wax pen, or vaporizer, it uses cartridges to produce a vapor from an oil that can be inhaled by users. Cartridges can contain nicotine, CBD or THC oils. THC oil contains tetrahydrocannabinol, which is a Penalty Group 2 substance.

Disaster Declaration and Its Criminal Consequences

April 10, 2020 | by M. Neufeld Law

Montgomery County Disaster Declaration Enhances Punishment for Certain Criminal Offenses

tedward-quinn-KXludRM_Q-E-unsplash-300x200
Montgomery County County Judge Mark Keough extends the Disaster Declaration until May 11^th. This comes after Texas Governor Greg Abbott declared a state of disaster for Texas on March 13^th. These proclamations are intended to stop the spread of the coronavirus and provide national relief and benefit for the community. Specifically, in an emergency meeting in Conroe, County Judge Mark Keough said, “We want to be able to recoup all our costs.” However, there are consequences that accompany the benefit.

A disaster declaration triggers tougher punishments for crimes under Texas Penal Code § 12.50. The section, Penalty if Offense Committed in Disaster Area or Evacuated Area, tells us who can make the declaration and who it impacts. The increase in punishment is for Assault, Arson, Robbery, Burglary, Burglary of Motor Vehicle, Theft and Criminal Trespass cases. In speaking on the harsher punishment, Montgomery County District Attorney’s prosecutor Kelly Blackburn has said, “The enhancement (of punishment) is just a better tool in our tool belt to use to try to effectively prosecute people that are taking advantage of this situation.” The last time we saw a similar disaster declaration in Texas was during Hurricane Harvey.