Tessmer Mail Bag Q #4: If I sell concert tickets on Craigslist, is that scalping? A: Scalping is the practice of selling event tickets at a higher price than their face value. If you sell your tickets for a premium, then yes, that is scalping. Is scalping illegal? Texas does not restrict the re-sale of tickets and it is not a crime to buy tickets from a scalper. ...
Tessmer Mail Bag Q #3: My hairdresser totally butchered my hair! Can I sue? A: That depends on what exactly she did. Did you just get what you consider an unattractive haircut? In that case no, a lawsuit would likely not be successful. In Texas, there is no valid tort claim for negligent infliction of emotional distress without some personal injury. The mental anguish you experience from a bad haircut is not something for which you can recover damages. However, if the hairdresser burned your scalp, cut you, or destroyed your hair with dyes or perm solution, you MAY have a case....
Tessmer Mail Bag: Q #2: Is dumpster diving illegal? A: It depends. The act of taking property that someone has thrown in the trash would be prosecuted as theft. The Texas Penal Code says that someone commits a theft if he “unlawfully appropriates property with the intent to deprive the owner of the property.” The Legislature has further defined theft by saying that an appropriation of property is unlawful with the owner’s “effective consent.” It could be argued that (a) the property has no owner because it was abandoned (in the dumpster) and/or (b) the owner gave “effective consent” by putting the...
As we draw near the end of 2015, let's reprise some of our more "fun" Tessmer Tips. Here are some random questions and answers from the Tessmer mail bag! Q #1: Every weekend, I see bicyclists riding along the highway near my country home. Can they do that? A: Under state law, bicycles are considered vehicles and generally can operate on a roadway with the same rights and responsibilities as any other vehicle. However, Section 551.103 of the Texas Transportation Code describes the proper method for cyclists to ride on the road, which is with traffic and as far to the right...
DWI Fact #10: Summing it all up. DWI is expensive, not only to you, if convicted, but to the taxpayers. Drunk driving costs the U.S. approximately $132 billion a year (MADD). Including costs for medical treatment, work loss, public services, court fees and loss of quality of life, drunk driving deaths and injuries have cost Texans well over $50 billion since 2006 (Pacific Institute for Research). The statistics get even more frightening: the average drunk driver has driven drunk 80 times before first arrest and approximately 1/3 of all drivers arrested or convicted of DWI are repeat offenders (MADD). Don’t be...
DWI Fact #9: What happens to your insurance? The amount you pay for car insurance depends, in part, on what your insurer deems your risk of being in an accident. A DWI conviction indicates you are a high risk and you can expect your premiums to rise. The State may request that you file a proof of financial responsibility form, otherwise known as an SR-22, before reinstating your driving privileges. Your auto insurer will file this on your behalf, for a fee. More resources: TxDPS - SR-22 Certificate...
DWI Fact #8: What are the penalties for DWI? The penalties for DWI vary according to the number of offenses and the circumstances of your situation. For example, a first offender may be ordered to pay up to a $2,000 fine, serve jail time from 3 to 180 days and have their license suspended for up to 2 years. The fines and jail time increase with the number of offenses. You may also have to pay an annual surcharge to the State in order to keep your license. If you are found guilty of Intoxication Assault or Intoxication Manslaughter, you will be...
DWI Fact #7: Can I still drive? To preserve your right to drive in Texas, you must request a hearing within 15 days of the date you were served with a Notice of Suspension. In most cases, this is the day of your arrest. If you timely requested a hearing to contest your license suspension, you will be able to continue to drive unless an Administrative Law Judge rules against you and authorizes the Department of Public Safety (DPS) to suspend your driver’s license. If you lose at the hearing, your driver’s license will be suspended and you cannot drive unless you...
DWI Fact #6: What can you expect at court? The initial court appearance is called an arraignment. At the arraignment, the judge may advise you of the charges and of certain rights that you have because you have been charged with a crime. Your lawyer may get an opportunity to look at the State’s file and at the police offense report to determine what the police claim that you did. It is very important that you not wait for the first court appearance to seek legal advice and to hire a lawyer. Valuable rights and evidence that will affect the ability to...
DWI Fact #5: What will happen after you are arrested for DWI? Generally speaking, following an arrest for DWI in Texas, you will be taken first to the police station or county jail. Once at the station or jail, you will be asked to submit to a breath test. Or, if you have refused the breathalyzer, a warrant will be obtained to draw your blood. Keep in mind, you are already under arrest and you are not going home if you take the breath test and pass. You will still be charged with driving while intoxicated by not having the normal use...