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Criminal Defense

Law enforcement in Denton has recently spoken about the difficulties presented in arresting elderly drivers. Recently, authorities pulled over an elderly driver after receiving reports that the driver had been headed the wrong way down a street. The driver ignored commands by law enforcement to roll down the vehicle’s windows and eventually the motorist drove away. The woman was charged with evading arrest. Drivers like this motorist present Denton law enforcement with the obstacle of deciding whether to let the driver continue operating a vehicle or perform an arrest. The Centers for Disease Control and Prevention report that motor vehicle collisions were the second leading cause of injury death for individuals between the ages of 65 to 84 in 2014. Reckless driving is a category that includes a variety of criminal and dangerous types of driving, but with senior citizens most often includes blindly backing out of parked positions, failure to remain within a lane, speeding, traveling at an excessively slow rate, and using the wrong brake or gas pedal.

License Requirements for Senior Citizen

Recently in the Denton area, a man forced his way into his 61-year-old mother’s home and physically assaulted the woman before leaving with her prescription medication. The woman called Denton law enforcement after her son left the residence. This case displays one of the many examples of crimes that are committed by drug addicts. In the state of Texas, most assaults are made a crime under Title 5 Chapter 22 of the Texas Penal Code, which addresses assault, aggravated assault, sexual assault, and various other similar crimes.

If You Have Been Charged With Assault

Not only should you obtain the assistance of an experienced criminal defense attorney if you are charged with assault, there are other important pieces of advice that should be followed which include the following:

The smell of marijuana plays an important role in many searches for the drug. This importance was recently highlighted in a case that occurred in the Denton area. Child Protective Services was contacted after a mother left her 3-year-old child inside a vehicle for more than ten minutes. After firefighters opened the car door to rescue the child, law enforcement searched the vehicle based on the smell of marijuana. Even though two small joints (referred to as “roaches”) were found inside the vehicle, the child was reported to be okay and no arrests were made.

Probable Cause in the State of Texas

The 4th Amendment to the United States Constitution requires law enforcement to find a certain amount of evidence before searching the property of a person. Probable cause, however, in the state of Texas is an indefinite standard. Law enforcement in the state of Texas is able to find probable cause if one of several situations is present. These situations include if it is reasonable to believe that a crime was committed by the person to be arrested, there is probable cause to believe that a crime was committed at the location to be searched, or the location that law enforcement wants to search contains evidence related to the crime.

Texas Motor Vehicle Searches for Marijuana


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Wheeler Law Office
Denton Criminal Defense Lawyer
Located at: 101 S. Woodrow Lane, Suite 102
Denton, TX 76205
Phone: (940) 465-3178