NiftyAdmin, Author at Buford & Gonzalez

Family Law Attorney Serving Clients in Austin, TX

Whether you are going through a divorce and are concerned about how the court will make decisions about child custody, or if you have recently been accused of family violence and are worried about how it will impact your ability to maintain custody, an experienced family lawyer in Austin, TX can help.

In Austin, Chapter 153 of the Texas Family Code governs the parent-child relationship—or, in other words, child custody. In Texas, child custody is known by the term “conservatorship.” In effect, the term conservatorship is used to make clear what legal rights and responsibilities a parent in Texas has. In determining conservatorship, the court must pay attention to specific provisions concerning family violence. To better understand how a domestic violence conviction can impact a court’s decision concerning the parent-child relationship, we should take a closer look at the statute.

What is Conservatorship in Austin, TX?

Before we explain how a history of family violence or domestic violence can impact a court’s decision about child custody, it is important to understand how conservatorship works. The statute provides for two different kinds of conservatorship in Austin, Texas:

1. Sole managing conservatorship; and
2. Joint managing conservatorship.

Conservatorship, or custody, does not refer to the amount of time a child spends with a particular parent. Rather, it refers to a parent’s right to make certain decisions about his or her child’s upbringing, including decisions about healthcare and education.

History of Domestic Violence and Child Custody Decisions

According to the statute, when a court makes a decision about conservatorship, it must take into account past instances of domestic violence. Specifically, the law states that the court “shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party’s spouse, a parent of the child, or any person younger than 18 years of age.” And the court looks back two years for evidence of domestic violence.

When the court finds evidence of family violence, the statute specifies the following:

1. Court may not appoint a joint managing conservatorship if family violence resulted in a pregnancy;
2. Court shall consider the history of family violence in determining whether it will “deny, restrict, or limit” a child’s time spent with a parent; and
3. Court may not allow a parent to have access to a child when there is evidence of a recent history or pattern of family violence.

The statute also allows the court to make certain other decisions about child custody when there is evidence of family violence.

Contact an Austin Family Violence Attorney

As you can see, the Texas laws concerning conservatorship and family violence are complicated. A Texas DUI and family violence lawyer can discuss your situation with you today. Contact Buford & Gonzalez to speak with some of the best family law attorneys Austin has to offer.

Most of us, if we are out on the town, will do the responsible thing and call a taxi or a Lyft to get us home safely, especially if there has been drinking involved. However, it is not out of the realm of possibility that your driver may have had a few himself. If this happens, you have a couple of options with which to seek recourse.

Statistics & Prevalence

There is evidence to suggest that the rate of drunk driving incidents has actually decreased significantly since Uber and Lyft began operations in many Texas cities. It does conform to common sense; if someone is too intoxicated to drive, the availability of ride-sharing plausibly could present a safer alternative. However, there have been multiple incidents with ride-share drivers attempting to work while intoxicated, and property damages and injuries have resulted. While the occurrence of DWI incidents remains comparatively low, it is still a good idea to be on the alert when calling a ride-share or taxi.

Taxi companies, on the other hand, are much more strictly regulated. Background checks are done going back as far as is legally permissible (usually 7 years), and the number of taxi drivers who have DWI or other dangerous convictions on their record tends to be lower. Still, there are some – data from 2014 estimates around 8 percent of Houston cabbies have an offense of this nature on their record.

If You Have An Accident

If you are in an accident involving a taxi driver, the questions of insurance and liability are fairly settled matters of law. Texas cities, especially Houston, regulate cab companies very strictly. Taxicabs qualify as common carriers under Texas law, which means that they are held to a higher standard of care than an average person. The rationale is that cabs and other common carriers hold themselves out to the public as providing a safe, effective means of transportation, and thus they should be held to such a standard, since they took the initiative.

However, this standard does not apply, as of this writing, to ride-share companies in Texas. Neither Uber nor Lyft is classified as a common carrier in Texas, which means that their services are no more regulated than the average merchant’s. This can leave a passenger open to significant liability, especially if they lack personal insurance. Both companies do insure their drivers, but for an amount which is much lower than the cost of most accidents. A suit may establish negligence, but there is very little in the way of case precedent or legal holding that will establish negligence or wrongdoing as a matter of law.

Have An Attorney At Your Fingertips

The likelihood of getting in an accident while in an Uber, Lyft or taxicab is small, but it still exists. If it happens to you, having an experienced DWI lawyer in Austin on your side can be critical. The Austin DWI attorneys at Buford & Gonzalez are well versed in DWI law, and stay up to date on any potential changes. Contact us today at 512-476-4444 to set up an initial appointment, or use our web form.

Crimes involving family violence are a serious issue in the state of Texas that are aggressively investigated and prosecuted by authorities. When police respond to a call involving family violence, they often have to make spur of the moment determinations about whom, if anyone, to arrest. Unfortunately, this often results in innocent parties being arrested or prosecuted for crimes they did not commit. When this occurs, it is critical for people that have been accused of family violence to retain an experienced criminal defense attorney to protect their legal rights.

Family Violence can be Prevented

While, as criminal defense lawyers, we generally work with people who have already been accused of family violence, as members of the community we believe that it is best to prevent family violence before it starts. In addition, it is important to help people that are the victims of family violence and who not have the resources or ability to report it to authorities. As a result, it is important for everyone to be on the lookout for signs of family violence and to offer assistance to those who need it. Some of the more common signs of family violence include the following:

• Frequent injuries that are explained away as “accidents”;
• Regular absences from work or school;
• Attempts to hide injuries using clothing or accessories;
• Fear and anxiety;
• Lack of access to financial resources;
• Bruises and other soft-tissue injuries;
• Constant reporting to a partner regarding where a person is and what he or she is doing; and
• Low self-esteem.

When family violence does occur, it is often unclear as to which person was the aggressor in a particular situation. Even if violence did occur, it may have been legally justified as self-defense. For this reason, anyone accused of family violence should contact a lawyer immediately.

Call an Austin Criminal Defense Attorney Today to Schedule a Free Consultation
Allegations of family violence are serious issue and can have a substantial impact on a person’s life. Fortunately, an attorney can often effectively mitigate the consequences that people who are accused of violence against family members are facing and may even be able to have the case completely dismissed. To schedule a consultation with one of our Austin criminal defense lawyers, call Buford & Gonzalez today at 512-476-4444.

According to the World Health Organization (WHO), approximately one-third of women are victims of family violence. Family violence also regularly affects children and men and can cause serious harm. In addition, those accused of family violence can face serious criminal charges and potentially harsh consequences if they are convicted. It is important for communities to work together to reduce family violence and the following are five ways in which your community may start to make a difference.

Be Aware Of The Signs — In order to recognize family violence, you must be familiar with the signs, which can differ from one household to another. Signs go well beyond visible injuries and can include withdrawal and isolation of the victim, controlling behavior of the abuser, and more.

Use Technology For Community Support — There are many safety apps for your smartphone that allow you to send an alert if violence is occurring. If you believe someone is a victim and they do not have a smartphone, see if your community can pool resources to ensure they can get the technology they need for assistance.

Call the Police — If you suspect that family violence is occurring in your neighborhood or if you witness an incident, you should not hesitate to call the authorities. Intervening yourself can be a tricky and even dangerous situation, however, calling the police may help keep someone safe.

Check In — If you suspect that a friend, relative, or neighbor is suffering from family violence, make sure to regularly call or meet with that person to see if they are alright. Even if you do not directly address the topic of family violence, simply knowing you are there for support may make them more willing to reach out if they need help.

Spread Education — Because family violence often happens behind closed doors, many people are not aware of the magnitude of the problem. Educating your community about family violence can not only reduce the number of abusers but may help to provide support and assistance to victims.

Call An Austin Criminal Defense Lawyer Today

Family violence affects many aspects of a community, including the criminal justice system. If you have been arrested on suspicion of family violence or have been charged with a crime, you should call an Austin criminal defense lawyer as soon as possible. Call the law firm of Buford & Gonzalez at 512-476-4444 for help today.

Determining whether a driver is under the influence (DUI) of marijuana has long been an issue for law enforcement officers in the state of Texas. Unlike alcohol, marijuana intoxication is often difficult to detect and cannot be accurately measured through a roadside test like a breathalyzer. As a result, DWI convictions based on marijuana were often difficult to obtain. This may soon be changing, however, as CBS News reported late last year that a California based company has created a marijuana breathalyzer that will be able to measure that amount of tetrahydrocannabinol (THC) in a person’s breath. These devices are being developed largely in response to the perception of an increased problem with stoned drivers in states like Colorado and Washington that have legalized the recreational use of marijuana.

A Breathalyzer will not Result Automatic Convictions

Many people are under the mistaken impression that breathalyzer evidence, whether related to alcohol or other substances, is incontrovertible and will always result in a conviction. This is certainly not the case, and there are many situations in which an experienced attorney can cast doubt on the results of a breathalyzer test or even have the evidence excluded completely. Some of the more common legal challenges to breathalyzer evidence include the following:

• Arguing that evidence that was gathered was done so in violation of a suspect’s constitutional rights;
• Introducing evidence that the breathalyzer used was improperly calibrated; and
• Establishing that  the officer that performed the test was improperly trained.

Whether any of these or other defenses applies in a particular case depends on a variety of factors, so it is important for anyone that has been accused of drunk or drugged driving to have their case thoroughly reviewed by an experienced attorney. In addition, even when there are no defenses available, an attorney can often negotiate a plea bargain with the prosecutor handling a case that avoids the more serious criminal penalties that a defendant may be facing.

Contact an Austin DWI Lawyer Today to Schedule a Free Consultation

If you have been accused of driving while under the influence of drugs or alcohol, you should contact an experienced Austin criminal defense attorney immediately. To schedule a free case evaluation with one of our lawyers, call Buford & Gonzalez today at 512-476-444.

Drunk driving has serious consequences for the driver and, in many cases, innocent victims. Under Texas law, if a person operates a motor vehicle under the influence of alcohol or drugs and “causes the death of another by accident,” that is considered intoxication manslaughter. When committed by an adult, this is a second-degree felony punishable by up to 20 years in state prison.

“Affluenza” Case Sparks Public Outrage Over Probation-Only Sentence

But not every case of intoxication manslaughter is treated the same. Consider one highly publicized Texas case. In 2013, a 16-year-old male killed four people and seriously injured two others in a car accident. The teenager had alcohol and drugs in his system—at three times the legal limit in Texas. Police also said the defendant had stolen two cases of beer from a store just before the fatal accident.

This case attracted international media attention when a psychologist, called as an expert witness by the defendant’s attorney, testified the teenager suffered from “affluenza,” a mental disorder resulting from growing up in a “family that felt that wealth bought privilege and there was no rational link between behavior and consequences.” Prosecutors argued that the defendant’s wealth should not serve as an excuse and asked for the maximum adult prison sentence of 20 years.

But a juvenile court judge decided that was too harsh and instead sentenced the defendant to 10 years probation. This was not the end of the story, however. Last December, the defendant was found violating the terms of his probation when a video posted on social media showed him drinking at a party. The defendant subsequently missed court-mandated appointments with his probation officer, and it turned out he had fled with his mother to Mexico. He later returned to the United States after dropping a brief effort to fight extradition. The juvenile court has scheduled a hearing for mid-February to decide if his case should be moved into the adult court system. If the case is transferred, the defendant could face up to 40 years in prison for any future probation violations, according to the Dallas Morning News.

One Case Does Not Represent the System

The “affluenza” case has sparked criticism in many corners that a defendant from a wealthy family was able to essentially buy his way out of a lengthy prison sentence for intoxication manslaughter. While the public outrage here may be understandable, it is important not to jump to any broad conclusions based on a single case. One thing to keep in mind here is that the defendant was under the age of 18 at the time of his crimes, and juveniles are usually treated less severely than adults, even in drunk driving cases. Another thing to note is that even with a good defense lawyer and wealthy parents, a probation or parole violation of any kind subjects you to harsher consequences.

In short, while you cannot necessarily buy your way out of a DWI conviction, you can maximize your chances for a favorable outcome by retaining an experienced Austin DWI defense attorney. Contact the Austin DWI lawyers at Buford & Gonzalez today if you need to speak with someone about your case right away.

In the past few years, “ride-sharing” services have become a popular alternative to taxis in cities like Austin. Companies like Uber and Lyft provide smartphone apps which allow people looking for transportation to connect with independent drivers. And while ride-sharing companies tout the social benefits of their services—including a reduction in drunk driving arrests—taxi companies and their supporters have pushed for more local regulation of these new competitors.

Uber launched in Austin nearly two years ago. In October 2014, the Austin City Council voted to allow Uber and other ride-sharing services to operate legally. But the city continues to struggle with regulating ride-sharing. For example, in January 2016 the City Council approved an “opt-in” fingerprint-based background check program for ride-sharing drivers. While the program is not mandatory, only Uber and Lyft drivers who undergo such checks will be allowed to pick up customers at certain locations, such as the Austin airport.

Correlation or Causation?

In lobbying city officials for more favorable regulations, Uber has claimed DWI arrests are down in Austin, at least in part due to ride-sharing. Specifically, Uber cited a March 2015 report, which noted a 16 percent decrease in DWI arrests, according to the Austin Police Department. Uber noted the correlation between the decrease and the fact that was the same year ride-sharing became legal in Austin.

Outside of Austin, there is some academic research that suggests ride-sharing has a positive impact on DWI arrests and drunk driving accidents. A Temple University study of Uber services offered in California between 2009 and 2014 indicated there was a “significant drop in the rate of homicides” following Uber’s entry into the market. But the study’s authors cautioned this was a tentative conclusion based on limited data.

Avoiding a DWI Conviction

While the political controversy over ride-sharing will likely continue for some time, most people agree it is better for people who have been drinking to have more options available for getting home without risking a DWI arrest. After all, the best way to avoid a drunk driving charge is not to drive in the first place.

That said, if you have been charged with DWI, it is important you understand your legal rights. A qualified Austin DWI defense lawyer can assist you with all aspects of your case. Contact the lawyers at Buford & Gonzalez today if you need to speak with someone right away.

In 2010, a 61-year-old Texas man visited a local emergency room and presented with symptoms of “unexplained intoxication.” Although the man’s blood-alcohol concentration was nearly five times the legal limit for driving while intoxicated, he apparently had not had any drinks that day. Doctors suspected the patient was simply lying about his alcohol use, but during a subsequent controlled 24-hour hospital stay, tests revealed the man’s blood-alcohol concentration rose to 0.12 percent without ingesting any alcohol whatsoever.

It turned out the patient suffered from a bacterial infection which produced “an overabundance of brewer’s yeast in his gut.” Brewer’s yeast is present in many common foods and drinks. In this case, the yeast did not pass through the body, but rather remained in the patient’s system. When he subsequently ingested additional starchy foods or drinks, this excess yeast fermented the sugars into alcohol. In plain language, the patient’s body was brewing its own alcohol.

Buffalo Woman Beats DWI Charge Due to Condition

This rare condition has been dubbed “auto-brewery syndrome.” Although documented cases date back to the 1970s, there apparently have been no controlled studies conducted within the United States. There have only been isolated cases like the Texas patient described above.
Still, there is at least one recent legal case where a person charged with DWI successfully pleaded auto-brewery syndrome as a defense. According to CBS News, the defendant, a woman from Buffalo, New York, was arrested for DWI after a Breathalyzer test indicated she had a blood-alcohol concentration of 0.33 percent, more than four times the legal limit. Yet the defendant claimed she had not been drinking.

The defendant’s DWI defense lawyer contacted one of the doctors who conducted the study of the Texas auto-brewery syndrome patient. The attorney also arranged for medical personnel to monitor his client’s blood-alcohol level. As it turned out, the medical evidence led to a diagnosis of auto-brewery syndrome. A Buffalo judge dismissed the DWI charges after reviewing this evidence. The case file was sealed and the defendant’s identity has not been made public.

Get Help With Your DWI Case

It must be emphasized that auto-brewery syndrome is a rare condition and even if a person has it, that is not necessarily a defense to DWI. In the New York case, the defendant did not know she had a medical problem until after her arrest. A court will treat a defendant much differently if he or she is aware of a condition that impairs their ability to drive prior to arrest.
Even if you do not have an unusual medical condition, if you have been charged with drunk driving, you will still need legal advice from a qualified Austin DWI lawyer. Contact the attorneys at Buford & Gonzalez today if you need immediate assistance.

If you are arrested for driving while intoxicated (DWI), it is no surprise to most people that they immediately acquire a host of problems. However, in addition to the legal difficulties, it is not uncommon for employers to fire employees who have been charged with something most people see as reckless and rash. You should be aware that in Texas, it is not only possible, but legal, for an employer to terminate you if you are arrested for DWI, though you can only help your case by knowing the ins and outs of the relevant law.

Employment Law in Texas

Texas is what is referred to as an at-will employment state, which means that with certain exceptions, an employer may terminate an employee for any reason. An employee who has a contract of employment has some recourse, in that an employer may not wantonly violate explicit contract terms, but otherwise, the only grounds an employee has to contest termination is alleged discrimination.

Texas also recognizes what is referred to as the public policy exception: in other words, a person cannot be terminated or otherwise disciplined for refusing to commit an act that shocks the public conscience. For example, if a manager demanded that an employee perjure themselves in court on behalf of the company, the employee could not be fired for refusing.

Are You Likely To Be Terminated?

While Texas is an at-will state, there are some employers who will be more understanding than others, as one might expect. However, certain professions are often held to a higher standard, making it more likely that you will be disciplined or fired. Examples include:

Drivers or other transportation workers. It is not uncommon that those who drive for a living would find themselves looking for work after a DWI; an employer could reasonably conclude that employee was no longer trustworthy.
Teachers and other workers who occupy high-profile positions of responsibility. Law enforcement officials, especially high-ranking officials, would also fit this role.
Those who drive as a part of their job, such as traveling businessmen or postal workers. If a worker can no longer be trusted to do part of their job, it is reasonable to assume they would not be able to perform all the functions of their job.

Obviously, the only real way to know if you will face discipline or termination for a DWI is to know your employer, but if you are indeed let go, there are steps you can take to make getting a new job easier, such as seeking expungement of your record (if the facts permit).

An Austin Criminal Defense Lawyer Can Assist You

The best way to safeguard your career prospects is to seek an experienced and knowledgeable attorney to help you through the DWI process while minimizing the damage. The dedicated Austin DWI lawyers at Buford & Gonzalez are ready, willing and able to share their knowledge with you. Contact our offices today to discuss your option.