Boerne, TX DWI Law Firms & Lawyers

You can sue for anything, so technically the answer to your questio is yes, but you have no case for specific performance or psycholigical stress.  You may have a case for breach of contract, but you would not be compensated for any emotional damage caused by a breach of contract and you can't get the remedy of specific pe4rformance where performance is basically fungible.  You could hire another moving company and sue for anything you have to spend above the original contract price.  Theoreticallly, if the court finds that the moving company materially breached your contract, thereby justifiying you in replacing it, you should win.   BTW, your case obviously doens't belong in DUI, my finger slipped when I tried to list it as breach of contract.

A jury can convict you if the State can prove you were intoxicated by "reason of the introduction of alcohol or drugs or any combination thereof." So, the short answer is yes, they can get you for the synthetic. There are issues with synthetic in terms of associating it with the illegal drugs enumerated in the H&S Code, though. Beyond the classification issue, there might be an issue with respect to the toxicological effects smoking synthetic would have on you 4 hours after smoking, if they even have evidence to prove that. The DRE exam may be a red herring; or it may be reduced to that. The DRE protocol is supposed to allow the cops to determine which "drug class" your alleged intoxication may stem from. I don't believe synthetic is among the drugs that are included in the DRE protocol. Synthetic isn't MJ; so I wouldn't allow them to testify that the signs and symptoms observed with respect to an MJ investigation are the same as those that should be observed when a person has smoked an entirely different-non-natural, substance. So, there are a lot of issues that can be explored in your defense. If it's your 3rd, you probably already know you're looking at 2-10 years in prison. And, it sounds like this one could be beatable. Hire a good lawyer well-versed in DWI.

First off, I'm sorry this happened to you and your family.  It's always difficult when a familiy member, especially a spouse, gets in legal trouble.  The first and best thing you can do for your wife is find her the best criminal defense lawyer you can.  DWI with Child Passenger is a state jail felony offense, punishable by 6 months to 2 years in the state jail facility, or probation in certain cases.  Hopefully she did not, as you said, 'take a swing' at the officer as that would land her with a 2-10 year indictment ofr assault of a public servant.  Suffice it to say that this case is very serious.  Call a local criminal defense lawyer...this website is a great place to start your search.  Many of us offer free consultations on these types of cases, and can advise you on how best to proceed.  Meet with a few lawyers, then hire the one that you and your wife believe can keep her out of jail.  Hope I helped, good luck!   Cordt Akers Criminal Defense Lawyer, Cogdell Law Firm (713) 426-2244 cordt@cogdell-law.com