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Tessmer Tips / 24.12.2015

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 Tips / 23.12.2015

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 Tips / 22.12.2015

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...

Tessmer Tips / 21.12.2015

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...

Tessmer Tips / 18.12.2015

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...

Tessmer Tips / 17.12.2015

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...