Holiday Road Trip Prep

You’re Ready, but Are You Prepared?

The bags are packed and the car is loaded, but are you prepared for the legal trouble that is waiting for you down the road?

Below we’ll discuss how to respond to police questioning during a traffic stop, what to do if you are in a traffic accident, and how to protect yourself from angry drivers and domestic violence.

As millions more people are expected to travel this holiday season, you need to be prepared to assertively protect your, and your family’s, legal interests while far from home.

Police Questioning During a Traffic Stop

If you are pulled over, common courtesy and a smile will carry you a long way.  However, you need to remember that the officer isn’t there to help you protect your constitutional rights.

You MUST provide identification, proof of insurance, and registration, but when the officer asks you how fast you were going, where you’re coming from, etc., he is purely trying to find some probable cause to search your vehicle and those are questions you shouldn’t answer. 

If he asks to search your vehicle, it’s because he doesn’t have a reason and wants to go fishing.  After license, insurance, registration, you should assert this phrase, “I do not answer questions without my attorney present, and I do not consent to any searches.”

For more info on this topic, see: Right to Remain Silent?

Traffic Accidents While Travelling

Traffic accidents are scary, but even scarier when you’re far from home.  AFTER attending to injuries and/or calling 911, immediately take pictures of the property damage if it is safe to do so.  Write down the names/addresses of witnesses or other parties.  Write down your version of events immediately while fresh in your memory.

If you speak to the other driver, do NOT try to take the blame for the accident, offer to pay for their medical bills simply because you feel bad for being involved.  These actions can only hurt you because you don’t know the whole story and may not actually be at fault.

For more info on this topic, see: Where to Sue After a Wreck?

Angry Drivers and Domestic Violence

Whether you are accosted by an aggressive driver on the road, or a family member at your destination, your response should be the same; call the police.  I know this seems to go against my advice above, but police are there to keep the peace and keep you safe.

If someone intentionally or knowingly: threatens you with imminent bodily injury, or causes offensive or provocative contact, then that person has likely committed an assault.  The worst thing you can do is respond in kind with your own assault because the last one in is always a rotten egg.  If the assault is such that you must defend yourself, then just use enough force to repel the attack, and then call the police.

For more info on this topic, see: Can I Carry a Handgun?

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Criminal Defense & Civil Litigation Divisions

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Adjusting Child-Support

Nothing Stays the Same

Whether you are paying or receiving child-support, surely you don’t expect the amount will stay the same indefinitely.

Since you know that child-support is based on a percentage of income, it stands to reason that income/support can fluctuate with the economy, promotions, demotions, etc.

When the income level varies, then so too can child-support.

How is Child Support Calculated?

This is an often confusing topic that I am frequently asked.  Most often, support is calculated at 20% of the non-custodial parent’s income after taxes. (2 kids=25%, 3 kids-30%, etc.)  This isn’t the complete law, but just a basic rule of thumb.

This amount is different if you have children with more than 1 person and the percentage can be varied by the Judge, but the amount must be in the best interest of the child.

When Can Child-Support be Modified?

To keep child-support obligations current, Texas law allows either party to request a modification after 3 years if the support amount would change by 20% or $100.  The law also allows a modification if the circumstances of the child, or a person affected by the order, have materially and substantially changed.

It is easy to figure out if the support amount has changed (well, as easy as math), but the “material and substantial change” is a little more difficult to explain in detail today, so that is something I’ll leave you to discuss with your attorney. 

What About a Less-Paying Job?

Due to the economy that we’re in right now, many parents have been laid off and had to take lesser paying jobs.  If the support would change +/- the above amounts, then it can be modified and the parent isn’t stuck at their highest wages forever.

However, since some parents are less than honorable, Courts take a very close look when a parent has suddenly started making less money and asks to pay less child support.  The issue to beware of is when that parent intentionally becomes underemployed to earn less money in an attempt to reduce their child support.

If the Court finds that the parent is intentionally underemployed, then the Court may assess a child-support amount in accordance with their earning potential.

Conclusion

If there has been a material and substantial change of circumstance, or you have had a change of income, you can petition the Court to Modify the Parent-Child Relationship and the Court will issue an Order that reflects the correct child-support that you should pay. 

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Your Court Appearance

Normal to be Nervous

It is a day that you have been nervous about since you first got notice in the mail.  You have a Court Date.

Even if you are looking forward to this date so you can have a final resolution of this matter, it is normal to be apprehensive because of the inherent uncertainty that you are facing.

Let’s discuss how you can set yourself up for success.

Dress for Success

Your appearance in Court can have a big impact on how you appear to the Court.  The courtroom is a somber place and you should dress in a manner that shows respect for the Court and the process of justice. 

This means no: basketball jerseys, shorts, flip-flops, baseball caps, or low-cut shirts.  You aren't expected to wear a suit or a dress, but wearing slacks with a shirt & tie, or a nice blouse, shows the Court and/or jury the proper respect and that you take this seriously.

Your Convincing Testimony

Your testimony must be convincing or else it may be seen as untruthful and cast you in a negative light.  Although you may fancy yourself a convincing person, you may not be prepared to bear your soul on the witness stand.

Confident people are convincing.  Think about what you are going to say and then say it with confidence.  Clear speakers are convincing.  Speak loudly and clearly so that everyone can hear you, however, speak slow enough so the court reporter can keep up while typing.

Pay Attention to Your Attorney

Hand-in-hand with your convincing testimony, be certain that you are answering the question that your attorney has asked, and not what you think they attorney is trying to get you to say.  It is up to your attorney to ask the right questions.

When testifying, your attorney will attempt to shield you from inappropriate questions asked by your opponent.  If you notice your attorney stand, or say "objection" then the best thing you can do is just stop talking.

The attorneys and Judge must confer to determine how to proceed, and if you answer the question over objection then you'll negate the protection your attorney asking for.

Breathe

This seems overly simple, but you need to remember to do it often, especially if you are testifying.  Imagine that your breath is the space between paragraphs, and reading stories with paragraphs are much easier to understand than full pages of text.

Also, taking a deep breath from time to time will help to calm you down and make you appear more confident.  Being calm is important because worrying doesn’t win trials.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Civil Litigation Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com