Austin DUI Cases Could Be Thrown Out Due To Lack Of Warrants

Until recently, police were authorized to draw a driver’s blood without a warrant in suspected DUI cases. The blood results were then tested for levels of alcohol and for possible drug consumption. The United States Supreme Court recently reviewed this issue and determined that the police must be granted a warrant prior to drawing a person’s blood and due to this recent ruling, as many as 17 DUI arrests in Austin may be thrown out.

DUI blood draws are quite prevalent during dates or events when alcohol consumption is common. There have been approximately 336 DUI arrests during this year’s SXSW/Spring Break alone. During holidays and special event weekends, Austin police officers are on the lookout for intoxicated drivers and now enact “No Refusal Weekends” where police are automatically issued warrants to take blood from drivers who are suspected of driving under the influence.

Car accidents involving drivers charged with DUI also have increased consequences. Those who are injured in DUI related car accidents should be aware that they may be entitled to recover money damages for their injuries. Victims of DUI accidents can receive reimbursement for their out of pocket expenses, as well as compensation for pain and suffering, mental distress, lost wages and other losses.

An Austin car accident attorney from Terry & Kelly, PLLC can assist those who have been involved in DUI and DWI car accidents. Our experienced team is familiar with the complexities of DUI and DWI cases and can help explain your rights. Call Terry & Kelly, PLLC at 512-900-9000 to schedule a consultation.

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Austinite Arrested for DUI While Driving for Lyft

Ride-sharing services such as Uber and Lyft have been making headlines across the nation as friendly, convenient, and cost effective services that provide rides to customers at all hours of the day. However, not all experiences with these services have been positive. In recent months, the city of Austin has been reviewing these companies and has considered placing further restrictions on their drivers, such as mandated fingerprint background checks, as horror stories and incidents make headline news across the country.

One such incident took place just last month when an Austinite actively driving for Lyft – with an unsuspecting passenger in the car – was stopped by police for suspicion of driving under the influence. The police determined that the driver was indeed impaired and placed him under arrest. The passenger was shocked and noted that the driver appeared to be swerving in and out of lanes during the ride, but passed it off initially believing that the driver was “just not paying attention.” However, once when the driver braked at a red light and then cut across several lines without looking, the customer became more concerned. This is when the vehicle was stopped by police for its erratic movements.

Perhaps even more concerning is that this was not the first time this particular driver was stopped for a DUI offense. In this particular case, the vehicle operator had a previous conviction from 2004 for DUI and possession of a controlled substance. Stories such as these have gone viral, leading many to demand fingerprint background checks for those who wish to become Uber or Lyft drivers in order to keep passengers and other drivers safe.

If you should find yourself in an Uber or Lyft ride where the driver appears to be impaired, request that the driver stop immediately or call 911 for help. Safety on the road, whether behind the wheel or as a passenger, is our top concern at Terry & Kelly, PLLC. If you’ve been injured in a car accident, it’s extremely important to contact an Austin Car Accident Attorney immediately in order to preserve your legal rights. Call us today at 512-900-9000 for a free consultation and case evaluation.

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Austin Metro Area Tops 2 Million Population Mark

Having just recently passed the 2 million mark in population, the Austin area continues to be the fastest growing metropolitan area in the country. This marks the 5th straight year that Austin has earned such recognition. While these are exciting and vibrant times in the Austin area, all of that growth has also brought about an unprecedented surge in the number of vehicles and accidents on our roads.

A booming population has many benefits, from increased infrastructure to plentiful employment opportunities, but there can be some downsides as well. A recent rise in the number of car accidents taking place in and around Austin has also made headlines as the city struggles to catch up with the rising population. From minor injuries to major traffic incidents and fatalities, these accidents are taking on toll our city and residents.

In the event you have been involved in a car accident in Austin, contact an Austin car accident attorney immediately. Call Terry & Kelly, PLLC at 512-900-9000 for a free initial consultation and case review. We are an experienced and personal injury law firm that understands the unique circumstances revolving around Austin’s population growth and will work to vigorously defend your rights.

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Drug Use Leading to More Impaired Driving Accidents

Everyone is familiar with the nationwide problem of drunk driving. However, driving under the influence of illegal and prescription drugs is a lesser-known form of impaired driving that contributes to many, if not more, automobile accidents each year. And just like drunk driving, drugged driving often leads to the serious injury or death of others.

Millions of Americans take prescription or OTC drugs that can potentially impair their ability to drive. Over-the-counter cold and flu medicine, antidepressants, and sedatives all can impair a person’s driving ability to one degree or another, but their exact effects on driving are still relatively unknown. We can’t say with certainty how many accidents drug-impaired drivers cause because on-the-scene tests and toxicology limits for various drugs simply do not exist, but government statistics show a scary rise in the trend.
The 2013 National Survey on Drug Use and Health estimates 9.9 million people (3.8% of Americans older than 12) reported driving under the influence of illicit drugs during the previous year, which is an increase of 3.9% since 2010. The National Highway Traffic Safety Administration’s 2013-2015 National Roadside Survey reported that 22% of drivers in that study tested positive for drugs, including prescription, over-the-counter, and illegal drugs. An older NHTSA study, from 2009, found that 18% of all drivers killed in auto accidents had at least one drug in their system. That number represents an increase of 13% from 2005 which proves that drugged driving is becoming much more mainstream.
If you have been injured in a crash caused by an impaired driver, contact an Austin car accident attorney immediately. Call Terry & Kelly, PLLC at 512-900-9000 for a free initial consultation and case review.



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Pay By Phone Parking Coming to Downtown Austin

Beginning in late March 2016, an app called ParkX will allow drivers in downtown Austin, Texas to pay for parking meters electronically. This will remove the need to use cash or credit cards, as drivers will be able to pay using their smartphones instead. The benefits of this new program are apparent, as it will make downtown parking easier and more efficient. Drivers who are in a hurry will save valuable time paying via app, rather than searching for cash or swiping a card.

However, with the increasing capabilities of smartphones, phone use while driving is becoming more common. With apps like ParkX, GPS and Spotify, drivers are becoming increasingly more likely to be distracted while driving and parking, which increases the likelihood of car accidents. Concerns about phone use while driving has led to several laws prohibiting certain cell phone conduct while driving in many states.
Distracted driving can result in fender benders, pedestrian collisions, traffic signal violations, rear end collisions, and other accidents that can cause significant property damage or personal injury. Anyone who has been involved in a car accident in Austin where distracted driving is a factor should contact a personal injury attorney immediately. Distracted driving can constitute negligence and give rise to a claim for damages in some instances.
An experienced Austin car accident attorney can provide legal advice and representation for those involved in car accidents. They will discuss the various options provided by the law to help you make an informed decision and fully understand the process. Terry & Kelly, PLLC will review the facts of your case and help you determine if you have a claim for damages.  Contact us at 512-900-9000 to schedule a free initial consultation and case review.


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Mopac Realignment Causes Traffic Headaches Throughout Austin

Austin residents are well familiar with the Mopac construction project, but the recent reduction of northbound Mopac to only two lanes of travel has created a whole new set of problems for commuters throughout the city. Starting late last month, a single lane along Mopac at Enfield Road will be closed to allow crews to work on underpass and realignment construction. This phase of the Mopac construction project is expected to last for 6 months.

The lane reduction has created substantial problems for Austin as drivers try to find alternative routes during rush hour, causing serious congestion on other northbound routes, including South Lamar, South 1st, and South Congress. Along with longer travel times, Austin drivers are also reporting more accidents and increased frustration, especially during the rush hour periods when drivers are in a hurry to get to and from work.
In situations like this where lanes are reduced, drivers sometimes become more aggressive, which results in a variety of traffic accidents, including rear end collisions, T-bone collisions at intersections, fender benders, sideswipe collisions and many others. Aggressive drivers often fail to drive defensively, thus putting themselves and others at risk.
If you have been injured in a traffic accident in Austin, contact an Austin car accident attorney as soon as possible. You may be eligible to receive money damages to compensate for your injuries and property damage. An experienced Austin car accident attorney will review your case and help you understand what options are available.
The attorneys at Terry & Kelly, PLLC have represented many victims of car accidents. They strive to protect their clients’ interests and advocate for fair settlements. Call us at 512-900-9000 for a free initial consultation and case review.


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Gravel Truck Plows Through Intersection, Flies Off Overpass

Recently, a video of a dump truck driving through an Austin intersection and causing an accident involving 4 other vehicles has gone viral. The dash cam video shows the moment when a dump truck, carrying a load of gravel to a location on Jester Boulevard on RM 2222, runs an intersection striking several vehicles, runs off of the roadway, and falls below an overpass causing another vehicle to crash into a utility pole. Austin-Travis County paramedics reportedly transported four people to a nearby hospital.


The cause of the accident is still under investigation, but the owner of the dump truck recently stated that he performs weekly equipment safety checks on the truck. Investigators are now looking into the likelihood of ‘distracted driving’ being the cause of the accident.
According to National Highway Traffic Safety Administration, distracted driving is becoming the most common cause of motor vehicle accidents in the country. The issue is particularly worrisome when trucks, especially a dump truck weighing 30,000 pounds or more, runs out of control. Because trucks are typically 10 times the weight of the average passenger vehicle, occupants of surrounding vehicles are far more likely to be severely injured or killed when they’re involved in an accident with a truck.
If you’ve been involved in an accident with a large truck, contact an Austin truck accident attorney immediately in order to preserve certain legal rights and get you the compensation you deserve. Contact Terry and Kelly, PLLC at 512-900-9000 for a free consultation and case evaluation.


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