6060 N. Central Expy Ste. 500 Dallas, TX 75206
Phone: (214) 800-2875
Para Español: (214) 714-2444 info@hblawdfw.com
Nationally Recognized Trial Attorneys

Hernandez & Baggett Legal Blog

DWI Conviction? Now You Can Seal Those Records!

In Texas, a DWI conviction has always served as a permanent mark on your record. If you had ever pled guilty, or had been found guilty after a trial, on a DWI charge then you were stuck with a public record of that charge forever.

I’m hurt but I can’t afford to get treated!

I often have clients who have been injured in an accident but have a financial inability to seek medical treatment. Often times they will come to me several months after the accident and they have been unable to seek treatment because they do not have medical insurance, or they simply can’t afford to pay their co pay.

Marijuana Breathalyzers on the Horizon?

In a US News & World Report article from earlier this week, a California company is promising a Marijuana Breathalyzer that they claim will be ready for rollout as soon as next year. Just as it sounds, the company claims that the so-called marijuana breathalyzer can detect THC (tetrahydrocannabinol) on the driver’s breath.

Proving Liability in a Multiple Vehicle Accident

The most common car accident may be the “simple” two-car accident where one car collides with another single car. Oftentimes, in these instances the negligent party can be readily apparent. For example, if one car strikes another from behind at a traffic light. Or perhaps one vehicle fails to stop at a stop sign and broadsides the other vehicle that had the right of way.

Distracted Driving = Car Accident = Big Recovery?

Cell Phones. Facebook. Twitter. Instagram. Texting. Pokémon. The world continues to provide us with ample opportunity to be entertained and distracted from the nuances of life. These technological advances can be entertaining, educational, and enriching to our lives in so many ways. If nothing else, they can provide nice “distractions” from the tedium of everyday life. However, when these distractions mix with the act of driving the consequences can be life altering.

Proving the Case: Burdens of Proof

As a trial attorney who has tried both civil and criminal cases in my nearly 15 years of practice, I can confidently say that the key to properly evaluating a case and maximizing the possibility of trial success is fully understanding the burden of proof involved.

The Importance of Liability Insurance for Homeowners

Most people associate homeowner’s insurance with providing security and peace of mind in the event of a catastrophe or natural disaster. As we have seen recently with the tornados in Rowlett and the earthquakes in Irving, nature can strike unexpectedly and cause serious damage to your home and your belongs inside your home. While this is an important aspect of homeowner’s insurance, there is an equally important, and lesser known, aspect of most homeowner’s policies: home liability insurance.


When it comes to a DWI arrest, having a hunch of a committed crime is just not enough to make a traffic stop (or at least it isn’t supposed to be). Probable cause and reasonable suspicion are two terms commonly used in DWI. Is there a difference between the two?

Did I just waive my right to recover for my child’s injury?

Releases are agreements that contractually bind one party to another by allowing one party to agree to assume liability and relieving the other party of that liability.

What Do I Do If My Medical Bills Exceed the Total Recovery in My Case?

The day every plaintiff (and their attorney) in a personal injury case has been waiting for is finally here: a verdict or settlement has been reached! Understandably, the first question most clients have is, “How much of that amount actually goes into my pocket?”

The Question Every Criminal Defense Attorney Has Heard From a Client: Can You Keep My Statements Out?

The single most important time for you to have access to the advice of an experienced criminal defense attorney is when you are first suspected of a crime.

Breath Test Machines Are Not Always Accurate

There are many issues with the breath test machine that can affect the validity of the test results. These issues often give a Defendant in a DWI case an advantage in trying to challenge a particular score.

How do Punitive Damages Work?

Exemplary or “Punitive” damages are available under law to punish a particular defendant’s behavior, and to encourage the defendant to change their behavior. In order for a plaintiff to be awarded punitive damages the plaintiff must show that the harm resulted from fraud, malice or gross negligence.

Help! My blood/breath test was less than .08 and they are still charging me with DWI!

So, you are on your way home after meeting a couple of buddies to watch the big game after work. You grab a bite to eat and have a couple of beers. It has been a long day and you are just a couple of blocks away from home when you see the red and blue lights in the rearview mirror. You rolled through that stop sign. Or maybe you were going 40 in that 30 M.P.H. zone. Or you neglected to realize that your taillight was out.

Been in an accident? Don’t Make These Mistakes When Dealing With the Insurance Adjuster!

First, let me begin by saying that I, of course, never (never, never) recommend that you represent yourself when you have been injured in a car accident (or any accident for that matter). Would you hire a realtor or try to sale your house on your own? Trust your friend’s opinion instead of having that mole checked out by an actual doctor?

How Being a Clean, Tidy, Pro-Police, God-Fearing Person Increases Your Chance of Being Interrogated by the Police!

What constitutes reasonable suspicion, from a police officer’s viewpoint, that criminal activity is occurring or is about to occur?

What is all this “PIP” I keep hearing about?

“PIP”, or Personal Injury Protection, is required by statute to be part of any insurance policy. The only way it is not part of the insurance policy is if it was waived in writing; remember though that a spouse’s waiver will extend to the spouse that did not waive.

The Difficult (But Important) Task of Proving your Damages in a Car Accident Case

In the course of my representation of plaintiffs in personal injury matters, including many who have been injured in a car accident, one common frustration shared by clients is the difficulty in understanding the value of their case. As one car accident client said to me in an initial consultation, “I know I was hurt. I was sore and in pain for months. It affected me in a lot of ways I never would have imagined. But how do I prove that?”

What do police need to do to take my blood?

You have been arrested, you are at the jail, you are alone, you are tired and you are scared. A police officer asks for a sample of your breath or blood, and you correctly refuse. The next issue that comes up is whether the officer can force you to give a sample of your blood whether you consent or not.

I Just Got in a Car Accident! Now What?

It happens to everyone at some point. If you drive a vehicle long enough you are bound to be involved in an accident eventually. As we all know, car accidents come in all shapes and sizes, from relatively minor collisions with minimal damages and injuries to life-altering crashes resulting in catastrophic impairments.

No Refusal Weekend? Refuse Anyway!

While there are several important areas that I always make sure to cover in an initial consultation with a prospective DWI client, one of the most basic is finding out whether there was a blood or breath specimen provided after the arrest.

Will the Insurance Company Cover My Damages Over the Policy Limits?

One way that an insurance company can be forced to potentially cover your damages in excess of the policy limits is if you have an experienced attorney make a proper “Stowers demand” and the insurance company fails to respond properly. If the “Stowers demand” is made properly the insurance company has a duty to settle the third party claims against the insured when a reasonably prudent uninsured would settle.

What Should I Wear to Court?

One of the things I have learned in the course of practicing law over the last decade and a half is that everything is fluid. What was ironclad law yesterday becomes a distant memory with a stroke of a pen by a Judge.

The Texas Supreme Court just gave you another reason to wear that Seatbelt

One of the things I have learned in the course of practicing law over the last decade and a half is that everything is fluid. What was ironclad law yesterday becomes a distant memory with a stroke of a pen by a Judge.

How Do I Beat a DWI with a Blood Test?

There is no sure way to beat a blood test, but blood tests do have many faults of their own. Namely, they are ripe territory for human error from the moment the blood is drawn until after the analysis is complete and potentially even after that. This blog is going to focus on a narrow aspect of defending blood test DWI’s by the “disconnect theory”.

Smile, You’re on Camera

With all the incidents in the national news over the past few months, many of my friends and clients have asked me what I think about the idea of requiring body cameras on all officers. Do I think it is good for our clients? Not so good? Is it necessary? Is it helpful?

Injured by a Drunk Driver?

The Texas Dram Shop Act potentially allows an injured party to seek compensation for injury or loss after an accident caused by a drunk driver. Under the Texas Dram Shop Act, an injured party can potentially recover from a restaurant or bar that served someone who was obviously intoxicated if that person causes an accident.

Probable Cause and the DWI Arrest

First, a person must assess what constitutes probable cause. Probable cause is the reasonable belief based on articulated facts that a crime has been committed by a particular person.

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Hernandez & Baggett, PLLC
6060 N. Central Expy Ste. 500
Dallas, TX 75206
Phone: (214) 800-2875
Para Español: (214) 714-2444
info@hblawdfw.com Hernandez & Baggett, PLLC, Attorneys & Lawyers, Dallas, TX