Texas Health and Safety Code Chapter 166, Subchapter C, provides for the out-of-hospital Do-Not-Resuscitate Order (“DNR”). DNRs are fairly common among elderly or terminally ill patients, and, because improper compliance or non-compliance with the DNR can expose both the EMT and the EMS provider to civil and criminal liability, it is vital that EMTs know [...]
Read More »Business Premises Owners: Reduce Your Exposure
It’s going to happen: someone you invited onto your business property is going to hurt. It could be a slip and fall, a falling object, a runaway shopping cart, or a jagged corner. The damages could be fairly minor or, depending upon the injury, could reach into the millions of dollars. Large damages or not, [...]
Read More »Probable Cause in Texas DWI Arrests
Probable cause to search exists when “there is a fair probability that contraband or evidence of a crime will be found in a particular place.”[1] To illustrate, in Illinios v. Gates,[2] police received an anonymous letter stating, “you have a couple in your town who strictly make their living on selling drugs. They are Sue [...]
Read More »Are No Refusal Weekends Legal?
The dangers of drunk driving are not disputable.[1] Texas law recognizes those dangers by criminalizing the operation of a motor vehicle while intoxicated.[2] However, Texas law also generally gives drivers the right to refuse to offer a breath specimen,[3] the only penalty for doing so being a driver’s license suspension.[4] Not surprisingly, this results in [...]
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