Criminal Law The Gordon Law Firm, P.C. Stephen H. Gordon - Attorney at Law San Antonio, Texas 78201

If you are ever charged with something more serious than a ticket, it is essential that you know your rights in advance. Most importantly, you do not have to answer any questions, no matter what the police officer tells you (with the exception of providing name and basic identification). Be careful of officers who try to get you to say something incriminating by trying to chit-chat with you in a friendly manner.

IF YOU WANT TO MAKE SURE NO STATEMENTS ARE USED AGAINST YOU LATER, THEN TELL THEM YOU DO NOT WISH TO SPEAK, AND THAT YOU WANT TO GET IN TOUCH WITH YOUR ATTORNEY IMMEDIATELY!

You also do not have to consent to any searches of yourself, your car, or your home, unless the police already have a warrant. That does not mean you should physically resist if the police insist on conducting an unlawful search. But you do not have to sign any consent forms and make their job easier.

You also do not have to agree to perform any field sobriety tests, or to take a breathalyzer test. But a word of warning here -- under Texas law, your refusal to take the breathalyzer could result in an automatic temporary suspension of your license, and even arrest if you have already demonstrated evidence of being intoxicated. Your refusal may also be brought up in court later and be used against you. This a difficult decision to make, and it does have some risks, but we generally advise people not to take the breathalyzer test, because it is much easier to fight a DWI case if there are no field sobriety tests or no breath test results. These tests are rigged against you anyway. Some people may be very surprised to learn that you can test over the legal limit even if you have only had one or two beers or glasses of wine at dinner.“

MISDEMEANORS & FELONIES

Traffic tickets can be very expensive today, and result in a significant hike in your insurance rates if they show up on your record. Not only that, but in 2005, the Texas Department of Public Safety started a new “point system” which can result in suspension of your driver’s license with certain traffic convictions on your record. You could be forced to pay a “surcharge” of several hundred dollars for 3 years in a row. With the hundreds of traffic laws out there, each one of us is at risk for being pulled over and cited. While it is usually not worth the expense of actually going to trial on these cases, it can be worth the money to hire a lawyer to try and keep them off your record.

Our office can scrutinize your ticket and the Texas Transportation Code to see if there is any way to get your ticket thrown out on a technicality right off the bat. If it cannot be thrown out, it can usually be kept it off your record (with the exception of most tickets involving CDL’s). If you have more than one ticket, we can usually get one dismissed in exchange for another paying off another. Usually, we can get the fines on the other tickets reduced as well.

Also, it is often possible to get your case reset for a couple of months to buy you some time to pay. And of course, with an attorney on the case, you are generally saved the hassle and inconvenience of going to court yourself. This is especially important for those people who have already missed their court date and now have a warrant out for their arrest, or for people who have gotten a ticket out of town and don't want to drive all the way back to where the court is located to fight it.

HONEST. HARD-WORKING. HERE TO HELP.

Stephen H. Gordon - Attorney at Law

5820 IH-10 West, Suite 400 - San Antonio, Texas 78201

Ph: (210) 531-9700 | Fx: (210) 732-0158 | Email: Lawgordon@aol.com