Blog Topic

Lawsuit Filed Against Bar That Served Alcoholic Beverages to An Off Duty Police Officer Prior to Deadly Collision
March 08, 2010

The family of Sonia Baker, who was killed in a collision with Jesus Cisneros, an off-duty Fort Worth police officer, filed a lawsuit Thursday in Tarrant County against The Pour House, the bar where they claim the officer became intoxicated. The family's attorney said that while Officer Cisneros was at the Pour House, he was served four beers and four shots. According to police, Officer Cisneros was driving at least 70 mph in 35 mph zone in the 3800 block of Columbus Trail when his Toyota Highlander slammed into Baker's car. Mr. Cisneros blood alcohol level was reported to be 0.17 -- more than two times the legal limit. Cisneros is facing criminal charges of intoxication manslaughter.

The questions about why the servers contineud to serve alcoholic beverages to Mr. Cisneros at The Pour House are highlighted by the acknowledgment of the police department which indicates that Mr. Cisneros had been consuming alcohol even before his arrival at the Pour House. According to the Fort Worth Police, Cisneros started drinking while on-duty earlier at other bars that night as part of an unauthorized undercover bar detail. Typically, one would have expected the servers at the Pour House to have noticed that Mr. Cisneros was obviously intoxicated if he had been drinking prior to his arrival at the Pour House especially if he was served 8 alcoholic beverages by servers at the Pour House.

Cisneros was at a birthday party at The Pour House which was attended by a number of other officers, police have said. According the investigation conducted by the attorney for the Baker family,Cisneros was involved in an altercation with another off-duty police officer who was working security at the Pour House. That officer supposedly told Mr. Cisneros to leave the premises despite his intoxicated condition. The implication was that the Pour House knew Cisneros was obviously intoxicated and permitted him to drive without securing alternate transportation.

The attorney for the Baker family has also blamed the Fort Worth Police Department for not firing Mr. Cisneros because he had previously been involved in another alcohol-related incident about two years earlier. Instead, he was suspended for 20 days.

The family struggled to explain the death to Baker's 5-year-old son. "He had said that his mother had run away," Lopez said. "We had to explain to him that she loved him and there is no way she would run away from them. And we had to tell him the mommy's with Jesus now."

In Texas, commercial establishments that sell alcoholic beverages can be held liable for serving alcoholic beverages to a person who is under the age of 21 ("a minor" under Texas law) or for serving a person who is obviously intoxicated. Bars and restaurants that serve alcoholic beverages are supposed to have measures in place to ensure that only persons of legal age are sold and permitted to consume alcoholic beverages on the premises. Then, for those customers who are of legal age to purchase and to consume alcoholic beverages, the bar and the servers have a legal obligation not to serve their patrons so much alcohol that the patron becomes intoxicated. Further, if a patron does become obviously intoxicated that bar should take steps to arrange for alternate transportation to protect not only their patron from being injured but to also to protect the public from being involved in a collision with an intoxicated driver.

We strongly recommend that if you are the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website www.MontesHerald.com for more information about our attorneys, our practice areas, and they way we approach cases such as this. While we are located in Irving, Texas, we handle cases against drunk drivers in Lewisville, Coppell, Dallas, Denton and all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink

Cases of Repeat Drunk Drivers Point to The Need for Tougher Laws Against Drunk Drivers
February 09, 2010

Last week, a Dallas County jury sentenced James Giraldo (27) to 20 years in prison for killing Juliana Rincon-Cuartos in October of 2009. Twenty years is the maximum sentence. Meanwhile, the sentencing of a Steward Richardson in Tarrant County was delayed as prosecutors are forced to appeal a ruling of the court that would prevent them from seeking a life sentence against a 7 time convicted drunk driver that crushed a child in a car seat.

James Giraldo's case is the first of several highly publicized cases involving wrong way drunk drivers that caused a head-on collisions on the North Dallas Tollway in 2009. After a night of drinking at a bar, James Giraldo got in his vehicle and drove the wrong way directly into oncoming traffic on the tollway and struck a vehicle in which Juliana Rincon-Cuartas was a passenger. Three hours after the crash, Giraldo's blood alcohol level was still 0.18 -- more than twice the legal limit. Mr. Giraldo plead guilty to charges of intoxication manslaughter and asked the jury for leniency, saying he has thought about the death of 27-year-old Juliana Rincon-Cuartas every day since the accident

Giraldo's claims of remorse fell on deaf ears when the jury heard that after being involved in this deadly drunk driving wreck, Giraldo was arrested again on another charge of DWI while driving on the tollway. According to police records, Mr. Giraldo refused to submit to a breath test or to provide a blood sample following his second arrest. While Giraldo claimed that the incident has been "one of the most difficult things I've ever had to deal with in my whole life, and that I think about it every day. ... I think about the girl. I think about her family. I think about what I took away from the family because of my own stupidity." According to Dallas County Prosecutor, Hermus, Giraldo's second arrest shows that the defendant didn't learn a lesson and needs the supervision of prison to protect the community.

Meanwhile, Tarrant County prosecutors have been forced to file an appeal of a pre-trial ruling that would prevent them from seeking a life prison term against Stewart Richardson for the horrific injuries he inflicted upon Abdallah Khader in a February, 2009 wreck. Tests show that Stewart Richardson's blood alcohol content (BAC) was three times the legal limit when his truck rearended Loubna Elharazin's car at an Arlington stoplight.

Abdallah was crushed while belted in his car seat. Doctors say that up to 80 percent of his brain was destroyed in the crash. While Abdallah's life has all but stopped, his body keeps growing, and swelling from all the steroids and medicines that keep him alive. His face and cheeks are abnormally chubby. His eyes roll, but don't focus. His mother says, "Sometimes you see tears coming out of his eyes, but to be honest with you, we don't know what makes him mad. All we do is hold him and try to make him comfortable."

Prosecutors had hoped to send Richardson to prison this week for life. After all, prosecutors uncovered 7 prior drunk driving convictions in 4 other states including one drunk driving accident that resulted in injuries to several people in a 1994 crash in Iowa. However, all of the drunk driving offenses were considered to be misdemeanors. If any one of them had been classified as a felony, Richardson would have been subject to receiving a life sentence. Instead, the maximum prison sentence he can receive is 20 years. Prosecutors are appealing the judge's ruling, and say they hope for a reversal. The appeal could cause a delay in the sentencing of Mr. Richardson by as much as a year.

Meanwhile the family of Abdallah Khader is forced to wait for justice, and to hope for a miracle to happen, something little; I lost hope."

We at Montes Herald Law Group, LLP believe that punishing those who engage in driving while intoxicated is important, especially when the drunk driver proves time and again that he or she will continue to drive drunk. Once an intoxicated driver gets behind the wheel of a vehicle, everyone's well being and safety is at stake. If you or a loved one has been injured by a drunk driver, contact Rachel Montes or Tom Herald. We will discuss your case with you for free and at no obligation. Contact us at (214) 5222-9401 and visit our website at www.MontesHerald.com for more information regarding our firm and our attorneys. Please visit Montes Herald Law Group, LLP's Facebook website as well to get involved in our efforts to fight drunk driving.

Permalink

Drunk Driving Legislation Proposal
February 03, 2010

Drunk Driving Legislation Proposal

At Montes Herald Law Group, LLP, we are trying to work with MADD to get support for new legislation to reduce incidents of drunk driving in Texas. Two sobering facts point to the need for tougher laws against drunk driving in Texas.

1. Texas ranks #1 in the country for alcohol-related traffic fatalities (NHTSA, 2006 and 2007).
2. In 2006 alone, NHTSA estimated 1,569 people were killed in alcohol-related crashes in Texas.

We are trying to get a grass roots campaign for support of new legislation that may change those numbers and save lives by trying to prevent drivers who have already been convicted of drug and alcohol related offenses from being sold alcohol.

The Problem: Far too often when you hear a story that a drunk driver killed someone in a wreck, you also hear that the drunk driver had previously been convicted of drunk driving and was on probation for those charges at the time of the wreck. The question is why are people who are on probation for drug and alcohol related charges being allowed to purchase alcohol when the conditions of their probation specifically state that they are not permitted to purchase or to consume alcohol. The answer is simple. Businesses that sell alcohol have no way of knowing that a customer is on probation and is not permitted to purchase or to consume alcohol. As a result, if the customer presents a valid ID, they are able to purchase the alcohol.

The Solution: We need to a way to make it obvious to any seller of alcohol that the person who is purchasing the alcohol is not permitted to purchase or to consume alcoholic beverages. This can be accomplished by enacting new laws that require a change in driver's licenses and identification cards, and the presentment of those forms of identification any time that a person purchases alcohol regardless of his or her age. The fundamental steps that can be taken at little to no cost to the citizens of the State of Texas are:

1. Require that anytime someone is put on probation for an alcohol or drug related offense, that the terms of probation include a prohibition from purchasing or consuming any alcoholic beverages. This measure is usually already included in terms of most probations involving drugs and alcohol.
2. Require that to be eligible for probation, any person who is convicted of a drug or alcohol related offense, either obtain a new Texas Identification Card or Driver's License which changes the profile of the identification card to the same profile as persons under the age of 21 years of age and that is marked with the words "No Alcohol." All of the fees for obtaining the new identification would be paid by the offenders.
3. Require that any person or company that sells, serves or provides alcoholic beverages card each person to whom alcohol is sold or provided regardless of the age of the person who is purchasing or receiving the alcoholic beverage.
4. Make it illegal to sell, serve or to provide alcoholic beverages to any person who presents an identification card with the words "No Alcohol."

Obviously, this legislation will not stop all drunk driving, but it may cut down on some of the worst offenders, and we believe it is a reasonable and cost effective way of reducing drunk driving incidents and saving lives.

If you agree with us, we would appreciate your joining our Facebook family, and leaving a brief comment that you support this effort. Then, please tell as many of your friends and family to do the same so that we can have some momentum as we continue to try to meet with State Legislators to do something to make Texas a safer place for all of us. After all, Texas deserves to be #1, but #1 in safety. You can find us on Facebook by searching for "Montes Herald Law Group, LLP."

Permalink

ALCOHOL SUSPECTED AS A CAUSE IN TWO HEAD-ON COLLISIONS IN VAN ALYSTINE
February 03, 2010

Tuesday was a deadly day for drivers near Van Alstine, Texas as police responded to 2 separate head on collisions.

Around 7:00 PM on State Highway 75 and County Line Road, police say a female driver headed south in the northbound lanes and collided head-on with a car headed north. That driver was also taken to Wilson N. Jones. According to police they suspect the crash was alcohol-related, and that charges are pending against the wrong way driver. Meanwhile, both drivers involved in this accident were transported to Wilson N. Jones Medical Center in Sherman in critical condition.

Around 8:00 PM the same night wrecks occurred on State Highway 75 within an hour. Around nine o'clock Monday night, police began receiving 911 calls that a driver of a Ford Explorer was headed the wrong way down highway 75 from Sherman into Van Alstyne. Although officers tried warn approaching vehicles and to get the driver to pull over, she ended up crashing into a Toyota Corrolla head-on at approximately 70 miles per hour. Both drivers were taken to Wilson N. Jones in Sherman with serious injuries. Hien Vuong, the driver of the Toyota, a 64-year-old woman from Garland, died from her injuries. The wrong way driver, Bobbi Elvington (44) of Sherman was released from the hospital and booked into the Grayon County Jail for Intoxication Manslaughter.

Sadly, incidents of drunk driving in Texas and across the nation continue to occur. On average, someone is killed by a drunk driver every 40 minutes. (NHTSA 2007 - Traffic Safety Annual Assessment: Alcohol Impaired Driving Fatalities). In 2007 alone, an estimated 12,998 people were killed in the United States in alcohol-impaired driving crashes. Even scarier is thefact that Texas leads the nation in drunk driving incidents. Texas ranks #1 in the country for alcohol-related traffic fatalities (NHTSA, 2006 and 2007). In 2006 alone, NHTSA estimated 1,569 people were killed in alcohol-related crashes in Texas.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases all across Texas, including Grayson County, Collin, Denton, Dallas, Tarrant, Travis, Harris and San Patricio counties as well as other Texas counties. In these cases, we believe it is extremely important to not only focus on the loss of your loved ones, but also to do what we can to get justice and to hold drunk drivers accountable for their actions. We are a supporter of MADD and are trying to get new legislation to further reduce incidents of drunk driving.

Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field, and we can quickly come to visit you. For more information about our attorneys and our law firm, visit our website at www.MontesHerald.com.

Permalink

Third Time is No Charm When It Comes To Having Cars Crash Into Your Home
December 30, 2009

For the third time, Barbara Tatum of Farmers Branch, has had a car crash into her house. This time, the car crashed through her wall as she was working on her computer. Ms. Tatum said she considers herself lucky to be alive because she had just left the portion of the house where the car crashed through the wall.

Police said the driver apparently lost control of the car, clipped the garage of another home, struck a tree and then smashed into the Tatum's home. No information was available on whether the driver was under the influence at the time of the incident as is often the case in these types of incidents. The Farmers Branch police issued a citation to the driver for "failure to maintain control," a Class C misdemeanor.

Ms. Tatun previously had a a motorcyclist crashed in her yard and another driver crashed his car into a different room in her home. She asked the city to put speed humps in the area, but said her request was denied. Now, she says she is going to request a stop sign.

At Montes Herald Law Group, we offer a free consultation with an experienced attorney to discuss your case. We take cases on a contingency-fee basis. This means that unless we get a recovery for you, you owe us no legal fees or expenses. Call (214) 522-9401 to speak to Rachel Montes or Thomas A. Herald at http://www.montesherald.com/ today.

Permalink

Families Upset that Intoxicated Driver Gets Light Sentence for Two Deaths
December 21, 2009

A year and a half after the June 8, 2008 crash that killed Meredith Hatch and Michael Alfaro, Kenneth Bain finally pleaded guilty Bain pleaded guilty to two counts of manslaughter. Bain failed a sobriety test at the scene and was charged with intoxication manslaughter. Police suspect that Bain was under the influence of both alcohol and marijuana at the time of the incident.

Kenneth Bain was sentenced to only two years in prison, followed by 10 years of probation and more than $5,000. As a condition of probation, Bain cannot consume alcohol and must participate in 320 community service hours and substance abuse education. As part of the 10-year probation, he must spend 18 days each year in jail. Those days include 10 days at Christmas, 4 days at Hatch's birthday and four days at Alfaro's birthday. Lewis also ruled that when Bain is released from prison, the court will assess restitution that Bain must pay to the victims' family. Relatives of the victims said they believe Bain deserves more jail time for what happened. "Two individuals were killed because of bad choices, not because of just an accident," Sherman Hatch told reporters outside of court.

Sherman Hatch, the surviving husband of Meredith Hatch was obviously upset and frustrated with the punishment and expressed his concern about the inequity of the situation. "It just doesn't seem very fair, just two years for two deaths. Smoking pot and drinking all night long, that's how the deaths resulted -- I guess is what's the most insulting, hurtful, frustrating part of this whole thing."

At Montes Herald Law Group, LLP, we aggressively pursue cases against drunk drivers. We are also a supporter of MADD. We are currently working on trying to get support for new legislation to help prevent or to reduce drunk driving crashes by targeting persons who are currently on probation for alcohol and drug related offenses. Like Mr. Bain, people who are convicted of these offenses, as a condition of their probation are usually ordered not to purchase or to consume alcohol. However, providers of alcohol have no way of knowing that these offenders are not permitted to purchase or to consume alcohol. As part of our proposal, we are trying to encourage the Texas legislature to develop a new driver's license and identification card profile for any person who is on probation for a drug of alcohol offense or any who is seeking an occupational license due to an alcohol or drug related offense. The new license or identification card would display a profile so that so that providers of alcohol would be able to see the person is not permitted to purchase or to consume alcohol.

If you or a family member are a victim of a drunk driver, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free, no obligation case review, or visit our website at www.MontesHerald.com for more information about our attorneys and our firm. We are located in the Irving, Texas in the Dallas Fort Worth Metroplex. We handle drunk driving cases across the State of Texas.

Permalink

Off Duty Police Officer Suspected of Drunk Driving in Fatal Crash
December 12, 2009

Fort Worth resident Sonia Baker (27) died at the scene of a crash with off-duty Fort Worth.Police Officer Jesus Cisneros, a 9 year veteran of the department. The incident happened at about 2:30 a.m. in the 3800 block of Columbus Trail. Police and traffic investigators responded to the scene and were able to reconstruct the collision. With Cisneros in the hospital, investigators discovered that alcohol may have played a part in the deadly crash. Blood-alcohol levels for the off-duty officer have not been reported yet, but the Fort Worth Police Department is already prepared for the possible results.

Cisneros was driving a Toyota Highlander, an unmarked police vehicle, westbound along Columbus Trail as the woman was driving a Chrysler PT Cruiser southbound in the 7800 block of Evening Star Drive. As she attempted to turn east onto Columbus Trail, the two vehicles crashed.

"If the results reveal any alcohol in Cisneros' system, he will be immediately placed on restricted duty pending the outcome of an administrative investigation," the Friday morning press release said. If the results show the officer's blood-alcohol level to be .08 or higher, "he will face Driving While Intoxicated and possible Intoxication Manslaughter charges."

Cisneros has previously been linked to other incidents.

• Civil service records show that in August 2006, he accepted a 20-day suspension in lieu of indefinite suspension after an internal investigation determined that Cisneros, while intoxicated and a passenger in his private car, had fired a single shot through an open sunroof in March 2006. Records show Cisneros did not report the incident but later admitted to it during an administrative investigation.
• In April 2006, records show, an off-duty Cisneros drove his city vehicle to an Arlington pub, then drove an unauthorized female passenger to a Mansfield residence. While driving to the home about 3 a.m., the records show, Cisneros was pulled over by a Mansfield police officer for driving too slowly.
• A drug pipe found in the car during the stop was later determined to be a prop used by Cisneros and his partner in their undercover work, the records state.

Sonia Baker was the mother of 2 children, a four-year-old and a five-year-old. This case is obviously a tragedy on many levels, and it points out that the problem of drunk driving in Texas is a big problem. In fact, Texas has led the nation over the past several years in drunk driving accidents and fatalities, a statistic that needs to change.

At Montes Herald Law Group, LLP, we aggressively pursue cases against drunk drivers. We are also a supporter of MADD. We are currently working on trying to get new legislation in place to help prevent or to reduce drunk driving crashes by targeting persons who are currently on probation for alcohol and drug related offenses who are ordered as part of their probation not to purchase or to consume alcohol. Currently, providers of alcohol have no way of knowing that these offenders are not permitted to purchase or to consume alcohol. As part of our proposal, we are trying to require that any person who is on probation for a drug of alcohol offense or who is seeking an occupational license due to an alcohol or drug offense, be required to get a new licenses or identification card which displays a profile so that so that providers of alcohol know that the person is not permitted to purchase or to consume alcohol.

If you or a family member are a victim of a drunk driver, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free, no obligation case review, or visit our website at www.MontesHerald.com for more information about our attorneys and our firm. We are located in the Irving, Texas in the Dallas Fort Worth Metroplex. We handle drunk driving cases across the State of Texas.

Permalink

The Latest Wrong Way Crash on the North Dallas Tollway
November 09, 2009

For the sixth time this year, there has been a wrong-way crashes on the Dallas North Tollway. Dick Eastin, 39, was driving the wrong way on the tollway just after midnight until he crashed into a light pole. According to police, Eastin is suspected of driving while intoxicated. Fortunately, this time, the wrong way driver did not hit another car, as most of the other cases have resulted in fatalties.

North Texas Tollway Authority spokeswoman Sherita Coffelt said the agency is considering a pilot program that would test computerized sensors that would warn authorities when someone has entered the tollway from the wrong way. The tollway authority is also considering installing flashing lights to help warn drivers. As with all of the other accidents, this crash involved alcohol.

We strongly recommend that if you are the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website www.MontesHerald.com for more information about our attorneys, our practice areas, and they way we approach cases such as this. While we are located in Irving, Texas, we handle cases such as this all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink

University Trying to Curb Drunken Behavior At Football Games
October 06, 2009

The University of Minnesota has initiated a new rule that any student or season ticket holder who get kicked out of a University of Minnesota football game for drunken rowdiness will not be allowed back into another game unless they pass an alcohol breath test at the gate. The new Check BAC policy is modeled after a program started five years ago at the University of Wisconsin. The new policy includes the following provisions:

• Student season-ticket holders who get ejected from one game and want to attend another must go through a designated gate where a breath test is administered.
• The University will monitor the attendance of persons who have been ejected from a game because of rowdy behavior by comparing the database of used tickets to that of Check BAC students. (BAC stands for blood-alcohol content.)
• Students under the drinking age of 21 must test completely clean to enter the stadium. Students 21 or older have to be below 0.08 percent, the legal limit for driving in Minnesota.
• The sale and possession of alcohol are banned at the new school stadium. Previously, the University of Minnesota played its home game at the Metrodome, an off-campus facility that is not owned by the school. The program and the loss of revenue from alcohol sales is expected to cost the University $1 million annually.

During the first home game, nine people were ejected, including 7 students and one person who was removed from a tailgating lot to detox. Minnesota drew up its policy after disturbances at other college stadiums and a pair of riots that broke out on its own campus after the Gophers won national hockey championships in 2002 and 2003. The 2003 riot caused more than $150,000 in damage.

 The issue of crowd behavior is an important public safety concern.  In addition to the destruction of property, drunken behavior at these events contributes directly to the injuries of others whether it is due to rowdy behavior at a stadium, fights, or a fan who drives home intoxicated after a sporting event.   Contact Montes Herald Law Group, LLP if you or a loved one has been injured by an intoxicated person.

Permalink

ANOTHER HEAD-ON COLLISION ON THE TOLLWAY INVOLVING A DRUNK DRIVER
September 25, 2009

On September 17, 2009, Holly Harding (23) became the 7^th victim of a wrong-way driver in 2009 on the Dallas North Tollway. Once again, the accident involved the same two factors:

• The crash took place late at night or early in the morning. This crash occurred at approximately 3:00 a.m.
• The wrong way driver, Isidoro Camacho (47) has been charged with driving while intoxicated (DWI). According to Sherita Coffelt with the NTTA, every wrong-way wreck this year has involved an impaired driver. "Wrong way driving, the only common denominator is drunk driving. That's, that's what we're looking at and it's been the same with wrong way accidents publicized across the nation."

In addition to the DWI charges which could be changed to charges of Intoxication Assault, Isidoro Camacho may also be charged with driving without a valid driver's license.

This wreck occurred in the southbound lanes of the tollway where Mr. Camacho was traveling northbound in the southbound lanes. Both vehicles were heavily damaged in the crash. As a result of the crash, Holly Harding was injured and was transported to Parkland Hospital. Fortunately, Ms. Harding survived the crash unlike most of the other people that were struck head-on by drunk drivers.

Montes Herald Law Group, LLP certainly hopes that you and your family are never involved in a head-on collision such as this or struck by a drunk driver. In cases such as this one, if you or a loved one has been injured or killed by a drunk driver, it is very important that you seek competent legal representation immediately to make sure that a thorough investigation is performed, to ensure that evidence is preserved, and to hold all of those involved with the incident accountable to the fullest extent allowed by law.

Many people assume that in cases such as this that it is easy to hold those legally responsible accountable for their actions or that the insurance companies involved will quickly pay this type of claim. However, often times not only is the drunk driver legally responsible for the crash, but so is the bar that served alcohol to the drunk driver to the point that he or she was obviously intoxicated. However, because the focus of the police is on the crash and not where the drunk driver was served alcohol, the police may not even attempt to gather that evidence.

We strongly recommend that if you are the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website www.MontesHerald.com for more information about our attorneys, our practice areas, and they way we approach cases such as this. While we are located in Irving, Texas, we handle cases such as this all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink

Larence Carter Arrested for Intoxication Manslaughter After Deadly Crash
September 04, 2009

Ana-Maria Landa (53) was pronounced dead at the scene of the wreck. The crash happened around midnight in the 800 block of Interstate 35E, near the intersection with Fox Avenue in Lewisville, Texas. Ana-Maria Landa's sports utility vehicle was rear-ended by a pickup truck driven by Larence Carter (31). Larence Carter's Chevrolet Avalanche struck the back of the Isuzu SUV driven by Landa. As a result of the impact, Landa's SUV went off Interestate 35E and across the service road, and then the embankment of the Fox Avenue overpass where it struck the underside of the bridge structure. Mr. Carter reportedly only suffered minor injuries, but was arrested for intoxication manslaughter.

We strongly recommend that if you or your loved one is the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website http://www.montesherald.com/ for more information about our attorneys, our practice areas, and they way we approach cases such as this. While we are located in Irving, Texas, we handle cases against drunk drivers in Lewisville, Coppell, Denton, Corinth, Lake Highlands and all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink

TEEN GOES ON RAMPAGE WITH TRUCK
August 19, 2009

A Keller teenager is accused of going on a rampage with his truck, ramming three cars early Sunday and attacking another. According to the Star Telegram, witnesses say Emilio Fernandez (18), pulled up behind them and struck them with his truck before targeting his third victim, a woman in a Ford in a nearby parking lot. He smashed into the driver's side door and was then detained by a security guard. Fernandez is expected to be charged with three counts of aggravated assault with a deadly weapon and one count of driving while intoxicated.

Police have not released information on how a teenage came to be intoxicated. Under Texas law, it is illegal to sell or to serve alcohol to a person under the age of 21 years of age. In fact, when it comes to alcohol, a person under the age of 21 is considered to be a "minor." However, far too often bars and restaurants will neglect their responsibilities to card young customers or they will even sometimes knowingly serve someone they know is under the age of 21. There is a strong public policy in Texas and across the nation against selling and serving alcohol to minors because we all recognize that these people are not ready to deal with the alcohol in their system, and that if such a person becomes intoxicated, the risk of an event that causes serious injury or death is substantially increased.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Plano, Fort Worth (Tarrant County), Dallas and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

Permalink

Dallas Police Officer Arrested For Driving While Intoxicated
August 19, 2009

A 12 year Dallas police officer was arrested in Plano on suspicion of driving while intoxicated and leaving the scene of a wreck in which a person in another vehicle was hurt. Senior Cpl. David Aguilar, 35, faces charges of driving while intoxicated and failing to stop and render aid, according to a Plano police report. As is typical with many drunk driving accidents, the wreck happened at 12:53 a.m., near the intersection of Custer Road and Plano Parkway. The extent of the injuries of the other driver involved in the wreck is not clear. About an hour later, Plano police stopped Aguilar approximately 5 miles from the scene of the wreck driving a 2008 Toyota Tacoma pickup.

Drunk driving is clearly a problem in Texas. Texas has led the nation in drunk driving wrecks for the past 2 years. Texans need to continue to push for harsher punishment of drunk drivers to deter this behavior. In addition, Texans need to hold the bars and servers who provide alcohol to customers accountable when a customer they served alcohol to the point that the customer becomes intoxicated because these bars know that these customers will eventually be driving drunk, and the risks this behavior creates for the public and for the customer.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Plano, Fort Worth (Tarrant County), Dallas and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

Permalink

Suspected Drunk Driver Rearends Police Car
August 19, 2009

Michelle Pochet (26) was arrested on suspicion of driving while intoxicated after rearending a Bedford Police unit that was parked on the westbound lanes of Airport Freeway service road shortly before 3 a.m. The officer was working an accident when a 2008 Toyota Corolla driven by Michelle Pochet rear-ended the patrol SUV. According to police, Pochet refused a breath test..

While it appears that no one may have been injured in this drunk driving crash, it points out the risk that police officers face while working traffic accidents. If a police unit can be struck by a drunk driver with its emergency lights on, we are all at risk from drunk drivers. If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Fort Worth (Tarrant County), Dallas and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

Permalink

More Details Come To Light in Bicyclist Hit By Suspected Drunk Driver
August 18, 2009

Security video from a Grand Prairie auto repair shop shows the Cavalier driven by Vincent Paul Riojas hitting the bicyclist Ronnie Monroe Keller (59) at 9:04 p.m. Saturday. Following the incident, Vincent Paul Riojas drove home, and according to his mother, he burst through the front door of his family's east Grand Prairie home Saturday night drenched in blood. Outside, next to the house, Riojas' mother saw his damaged 2004 Chevrolet Cavalier. After a closer look, she also saw a bloody man hunched over in the back seat, and she called 911. Police received the call from Riojas' mother at 9:20 p.m.

On the way to the house, responding officers report having seen a mangled blue mountain bike in front of an auto body shop in the 3400 block of East Main Street less than 1 mile from Riojas' home. When the officers arrived at the Riojas' home, they observed that the driver's side of the Cavalier was crumpled and that the windshield was smashed. Keller was transported to the hospital, but Keller was pronounced dead about 20 minutes later at a hospital. The family members have expressed their anger of the situation and Mr. Riojas' conduct. Kristen Cranford, who lived with Mr. Keller, her uncle has been reported as saying, "He [Mr. Keller] didn't deserve to be treated like that. My uncle was a real person."

Police arrested Riojas, 27, who was found hiding under a parked vehicle in the area. Police are awaiting blood-test results on Riojas. Riojas is still being held in the Grand Prairie Jail Monday with bail set at $150,000. He faces charges of intoxication manslaughter, resisting arrest, and failure to stop and render aid. He was also wanted on an unrelated felony warrant. In 2006, Riojas was convicted of multiple drug charges in Dallas County and sentenced to five years in prison. He was released in November 2007 under supervision until Aug. 2, 2010, records show. Typically, in these situations, persons such as Mr. Riojas who have been convicted of crimes involving drugs will be required as part of their conditions of probation to not consume alcohol or other drugs. As a result, it is possible that Mr. Riojas' probation will be revoked on the 2006 drug charges as a result of this incident.

In addition to the toxicology results, the manner in which Mr. Keller's body ended up in the backseat and the failure of Mr. Riojas to immediately call 911 the resulting 20 minute delay between the time of the crash and that time that his mother called 911 are now a part of the focus of the investigation at least on the charges of failure to stop and render aid as police say, "It is our belief, with the seriousness of the injuries, emergency crews would have had a greater chance of saving him had [Riojas] called for help when the wreck happened."

Police believe that Riojas was drunk as he drove home about 9 p.m. Saturday. He was eastbound in the 3400 block of East Main Street and veered into the westbound lane, where Keller was riding, on a part of Main Street that veers to the left and narrows from a four-lane street to a single lane before coming to a dead end. Investigators think the impact sent Keller's body into the Cavalier's windshield. The police noted that there were dents on the roof suggesting that Mr. Keller tumbled over the roof and into the back window, where his body partially lodged. How Keller got from the back window into the back seat is unclear, Hansen said."We're not sure if [Riojas] just pulled Keller through the window or pulled him out and put him in the back seat," However, Mr. Riojas "was covered in blood, so obviously he came into physical contact with the victim." In addition, the police have pointed to the approximate 20 minute delay between the time of the wreck and Mr. Riojas' arrival at his home less than a mile a way as a possible time period where Mr. Keller's body may have been moved by Riojas. Because Keller had been removed from the window, officers could not immediately tell which part of Mr. Keller's body went through it.

It is no surprise that time and again we see that the victims of drunk driving accidents are injured or killed by people that have already been prosecuted for DWI or other drug and alcohol offenses. Our legal system needs to hold drunk drivers accountable for their actions. In addition, our legal system needs to strongly punish businesses such as bars who overserve customers with alcohol to the point that the customers become intoxicated and then permitted to leave the bar and drive drunk. These behaviors put everyone at risk. If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Grand Prairie, Dallas, Irving, Fort Worth and throughout all of Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

Permalink

Bicyclist's Body FoundAfter Being Killed by Drunk Driver
August 17, 2009

The body of Ronnie Monroe Keller, 59, was found lodged in the back seat of a car, after being struck while on his bicycle in Grand Prairie. Police say that Mr. Keller was riding his bicycle along the 3400 block of East Main Street, Grand Prairie, Texas at approximately 9:00 P.M. when he was struck head-on. Police say Mr. Keller's body hit the front windshield, bounced over the top of the car and then crashed through the back window and partially lodged through the back window and onto the backseat.

Police found Vincent Paul Riojas (27) hiding under a nearby parked car and arrested him for intoxication manslaughter, resisting arrest and failure to stop and to render aid. Mr. Riojas also had an outstanding felony warrant on unrelated charges. While police believe Riojas was intoxicated at the time of the crash, they are waiting on an official toxicology report to determine Riojas' blood-alcohol level at the time of the crash. Mr. Riojas' bond has been set at $150,000.00.

Police say that as Mr. Riojas headed east on Main Street, he drifted across the center lane and collided head-on with Mr. Keller's bike. After the crash, Mr. Riojas hid his Cavalier near his Northeast 38th Street home, less than a mile from the scene of the accident, and then fled on foot. Although Riojas' relatives called police after discovering the body, Mr. Keller was pronounced dead at the hospital.

This case continues to point to the need for tougher penalties against drunk drivers in order to discourage this conduct as the patterns are just too common. According to information from NHTSA and MADD, here are the sobering facts:

1. Texas ranks #1 in the country for alcohol-related traffic fatalities (NHTSA, 2006 and 2007).
2. Approximately 21% of all collisions that occur between the hours of 9 PM and midnight involved a driver with a blood alcohol level of 0.08 or higher.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald at (214) 522-9401 for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Grand Prairie, Dallas, and Fort Worth and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at www.MontesHerald.com to learn more about our law firm and our attorneys.

Permalink

Fort Worth Jury Sentences Teenage Drunk Driver to 10 Years In Deadly Crash
August 15, 2009

A Fort Worth jury convicted Brandon Burchfield of intoxication manslaughter and sentenced him to 10 years in prison and a fine of $10,000.00 in connection with a 2008 drunk driving wreck. At the time of the wreck, Burchfield was 17 and had a blood alcohol level of 0.17 which is more than twice the legal limit to be considered intoxicated for an adult. As a result of the wreck, Nogaelda Zavala, a Johnson County mother, was killed, and her two children were injured. In addition, Burchfield's passenger Charles Osborn was left a quadriplegic as a result of the injuries he sustained in the crash.

The jury was advised that they could have sentenced Burchfield for up to 20 years in prison. On the other hand, the jury was also aware that Burchfield would have been eligible for probation if the jury recommended a prison term of 10 years or less.

While Burchfield's attorneys sought a sentence of probation, the jury was provided evidence that Burchfield was involved in a major collision only eight days before the drunk driving wreck awell as a 2007 accident.

We strongly recommend that if you are the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website www.montesherald.com/ for more information about our attorneys, our practice areas, and they way we approach cases such as this. While we are located in Irving, Texas, we handle cases against drunk drivers in Fort Worth, Hurst, Euless, Bedford, Dallas, Denton and all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink

POLICE SUSPECT WRONG WAY DRIVER WAS INTOXICATED
August 13, 2009

The string of accidents caused by wrong way drunk drivers continues to plague North Texas. This time, a male driver was arrested for suspicion of driving while intoxicated after he was traveling southbound on northbound Interstate 35 near state Highway 121 Business at about 2:30 a.m. The man was driving the wrong way on the freeway when his Honda hit a northbound cement truck. The impact peeled the sheet metal from the driver's side of the car but the truck suffered minor damage. Fortunately no one was killed in this collision.

This case follows the highly publicized fatality accidents on the North Dallas Tollway, and yesterday's news which confirmed that Jenny Hall, the wrong way driver that killed Carl Lotspeich had a blood alcohol content which registered at a level of 0.29 far beyond the legal limit of 0.08.

•• On May 10, a 16-year-old girl was killed after a driver heading the wrong way in Frisco crashed into her vehicle.

•• On April 8, an independent contractor for The Dallas Morning News was killed after driving the wrong way in North Dallas.

•• In addition, the Dallas Morning News reports that "At least 10 other tollway crashes caused by drivers going the wrong way have been recorded in the last two years, including two that involved fatalities."

We strongly recommend that if you are the victim of a drunk driving accident, immediately contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases on a regular basis. Call us at (214) 522-9401 and visit our website http://www.montesherald.com/ for more information about our attorneys, our practice areas, and they way we approach cases such as this. While we are located in Irving, Texas, we handle cases against drunk drivers in Lewisville, Coppell, Dallas, Denton and all across the State of Texas. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink

FORT WORTH MOTORCYCLIST KILLED BY REPEAT DRUNK DRIVER
August 13, 2009

Billy Stroud (56) died Tuesday at John Peter Smith Hospital after he was seriously injured in a car wreck with a suspected drunk driver. The wreck happened in the 5800 block of Belknap Street near Denton Highway when the suspected drunk driver rearended the motorcyclist at approximately 10:40 a.m. Criminal charges against Tammy Sue Stegall, a 50 year-ol Haltom City woman, were upgraded from Intoxication Manslaughter to Murder due to her two prior convictions for DWI including one that involved a car accident. Bail has been set at $500,000.

At Montes Herald Law Group, LLP, our attorneys aggressively pursue cases against drunk drivers. Driving While Intoxicated (DWI) is extremely dangerous and puts everyone at risk of being seriously injured or killed because someone decided to consume alcohol and drive. While we might refer to these incidents as "accidents"it is more appropriate to call them a wreck or crash because getting behind the wheel after drinking is not an accident or a mistake. It is a selfish and foolish decision to recklessly endanger others. Apparently prosecutors agree in this case and are seeking murder charges in light of the Ms. Stegall's history.

If you or a loved one has been seriously injured or killed by a drunk driver, contact Rachel Montes or Tom Herald for a free case evaluation if you have been injured in a wreck by a drunk driver. Our firm handles cases in Fort Worth (Tarrant County), Dallas and throughout Texas. Our main office is located in Irving, Texas just a few miles from DFW Airport and Love Field. Visit our website at http://www.montesherald.com/ to learn more about our law firm and our attorneys.

Permalink

Fort Worth Driver Arrested on Suspicion of Intoxication Manslaughter
August 12, 2009

Renee Horton, a 24-year-old Wichita Falls woman, was killed in a car crash early Sunday morning in Fort Worth when a white car rear-ended another vehicle at University Drive and West Seventh Street just after 3 a.m. Ms. Horton, a passenger in the vehicle that was hit, was pronounced dead at the scene of the crash. Fort Worth police say that an officer had spotted the white car speeding prior to the collision, going 53 mph in a 40-mph zone, but indicated that the officer lost track of the vehicle. The unidentified driver of the white vehicle was arrested at the scene on charges of suspicion of intoxication manslaughter and intoxication assault.

If you are the victim of a drunk driving accident, contact Rachel Montes or Tom Herald of Montes Herald Law Group, LLP to discuss your case and to understand your rights. We are experienced and qualified attorneys. We handle drunk driving collision cases in Fort Worth and across the Dallas Fort Worth Metroplex. Call us at (214) 522-9401 and visit our website www.MontesHerald.com for more information about our attorneys, our practice areas, and they way we approach cases such as this. Montes Herald Law Group, LLP is a proud supporter of Mother's Against Drunk Driving (MADD).

Permalink