Blake & Blake Attorney Discusses Ezekiel Elliott Case on KLIF AM 570 Morning News

On Friday, I spoke with Dave Williams on KLIF’s News and Information in the Morning about Ezekiel Elliott’s options following the Fifth Circuit’s order vacating his preliminary injunction. You can listen to the interview at the link.

http://www.klif.com/2017/10/13/attorney-cowboys-rb-should-work-to-clear-name/

DALLAS (WBAP/KLIF) — Will he? Or won’t he? On Thursday, a court in New Orleans ruled that Ezekiel Elliott must start serving as six game suspension for a domestic violence investigation.

This after months of legal wrangling and the filing of briefs.

If he does start serving it now, it would begin Sunday, October 22nd against the 49ers.

But Zeke has other options.

On Friday, Sports and Entertainment Attorney Graham Blake checked in to break it all down.

Dave Williams & Amy Chodroff, KLIF/WBAP, Copyright © 2017

Business Interruption Insurance Coverage

From the Miami Herald, an article about business interruption insurance. As we have noted before, this type of insurance is intended to reimburse a business for its lost profits due to a covered cause. The item from the Miami Herald goes into more detail about some issues involving these types of policies. If you have a business interruption insurance issue, give us a call at 817-440-4444 or you can email at graham@blakelawdfw.com. At Blake & Blake LLP, we are insurance coverage attorneys who can assist you with your insurance coverage and claims issues, including business insurance policies such as CGL policies and business interruption policies.

http://www.miamiherald.com/news/weather/hurricane/article173462091.html

Hurricane Harvey – Insurance Coverage Issues for Texas Businesses

An interesting article from Reuters discusses insurance issues faced by some businesses affected by hurricanes Harvey and Irma. It is written by Suzanne Barlyn and can be found at the link below:

https://finance.yahoo.com/news/business-interrupted-hurricane-damaged-firms-dig-insurance-fight-050430072–finance.html

The first issue involves “business interruption” insurance coverage, which the author describes as among the “trickiest” types of insurance. In a business interruption policy (or often a business interruption “endorsement” to another policy), the insurer is basically agreeing to pay the insured business for its profits lost due to an interruption caused by a covered risk. The Reuters article notes that business interruption coverage generally states that it requires physical damage to the business. The article quotes a Houston-area optometrist, “I think the whole thing is a rip-off.” His business was shut for five days due to flooding in the area but because his office had not suffered physical damage the insurance company denied the claim.

The second insurance issue discussed in the article relates to flood insurance policies. These policies are mainly purchased by homeowners but businesses can buy flood insurance too. As the article notes, business flood insurance does not provide business interruption coverage. However, business flood insurance may cover damage to a business’s building and contents, like inventory or equipment, caused by a flood.

In addition to the issues mentioned in the article, business interruption claims have other complicating factors. Proving damages for lost profits is not always straightforward and so businesses must consult with an attorney to make sure they are getting or keeping the evidence they will need to prove what the business interruption was costing them. Some claims for lost profits will be deemed too speculative or based on unrealistic assumptions about business prospects. Proving lost profits involves looking at the business’s accounting books. The business needs to prove that a loss occurred due to covered cause and prove the amount they are owed.

Business-related insurance claims can present complex coverage issues making it worthwhile to retain an attorney to review your coverage and help you understand it. We can also assist you in presenting your claim to the insurance company. With any type of claim for property damage, the cause of the damage may be critical: some causes of damage will be covered and some causes will be excluded. This sounds simple in theory, but in the real world it is not always clear what caused the damage. If you are faced with a business insurance claim, you should discuss the issue with an Texas insurance coverage attorney. Insurance often works as it’s supposed to, with your claim being accepted and the company paying you. But for this to happen, you need to know what claims are covered and what notice and proof of loss the company will require. An insurance coverage attorney can help your business with both issues. If you have a business insurance issue, call Blake & Blake LLP at (817) 440-4444 or you can email graham@blakelawdfw.com.

Dallas Cowboy Facing DWI Charges and Possible Suspension

While most news coverage of the Cowboys has understandably focused on the Ezekiel Elliott situation, there are several other Cowboys players facing discipline by the NFL. One of those players is cornerback Nolan Carroll, an off-season addition formerly with the Philadelphia Eagles. Carroll was arrested by Dallas police in May on suspicion of driving while intoxicated following a traffic stop. Carroll’s blood alcohol content (BAC) is alleged to have been 0.08.

According to the Fort Worth Star-Telegram, Carroll “belie[ves] that the case will never be heard by the NFL because he plans to beat it in court.” Carroll says that prosecutors with the Dallas district attorney’s office has offered to reduce the DWI charge to a traffic violation with community service as punishment. Carroll and his attorney have apparently rejected this offer and believe that they will be able to show the traffic stop was improper. According to the Star-Telegram, “[t]he initial report indicated Carroll was driving on the wrong side of the road, prompting the officer to pull him over. But a dash cam video shows that Carroll was on the correct side of the road.” In addition to the improper traffic stop, Carroll’s attorney claim there were mistakes made in the administration of the field sobriety tests.

Based on prior news reports, if Carroll were convicted of DWI he would face either a one- or two-game suspension by the League.

If you are facing DWI charges, it is imperative that you hire the best DWI defense attorney to protect your rights. Blake & Blake LLP provides clients throughout the Dallas-Fort Worth area with top quality criminal defense. If you are facing criminal charges in the DFW area, we are ready to help protect your rights. Call us at 817-440-4444.

http://www.star-telegram.com/sports/nfl/dallas-cowboys/article171654167.html

Texas City Councilman Released During DWI Stop Involved in Head-on Crash Days Later

A city councilman for the town of Tom Bean, Texas who was released by police despite appearing “heavily intoxicated” during a traffic stop was involved in a head-on collision a few days later. The Fort Worth Star-Telegram reports:

[C]ity councilman, Benjamin Vincent, was arrested after the vehicle he was driving crashed into one driven by a Tom Bean ISD school official, according to both the Sherman Herald Democrat and Sherman TV station KXII.

Vincent was booked into the Grayson County Jail on a charge of intoxication assault with a vehicle causing serious bodily injury, a third-degree felony punishable by up to 10 years in prison.

Days earlier, on Saturday, July 22, 2017, a Whitewright, Texas police officer observed a car driven by Vincent cross into the oncoming lane. The Fort Worth Star-Telegram report continues: “During the course of the traffic stop, the driver was found to be heavily intoxicated and admitted to consuming an entire bottle of wine in the three-hour period preceding the stop,” the news release said. “[The officer] made a decision to allow someone to come pick up the individual in lieu of making an arrest for Driving While Intoxicated.”

The Whitewright police officer had already submitted his resignation to that police department and was seeking employment with a different department. According to the news reports, the officer made statements at the scene that indicated he would have arrested councilman Vincent were he not about to leave the police department. Upon learning of the incident, the Whitewright police chief sped up the officer’s departure plans by firing him.

Stories of police officers doing favors for fellow officers or elected officials who have been pulled over for driving while intoxicated are not common. There is no doubt that in years past this behavior was more common, but today with omnipresent cameras, this kind of thing is less common. Still, it is troubling to see this kind of favoritism by law enforcement officers.

If you have been arrested for suspicion of DWI in north Texas, you need to talk to an experienced Texas DWI attorney. At Blake & Blake LLP, we are Fort Worth DWI Lawyers who are ready to help you get the best outcome possible. Call us at 817-440-4444 or email us to see what we can do for you.

http://www.star-telegram.com/news/state/texas/article163924844.html

Dallas Cowboys Player Charged With Aggravated Assault in Collin County Following Parking Dispute

Just in time for training camp, the Dallas Cowboys received troubling news regarding one of their linebackers. Damien Wilson, who played in approximately 27% of the Cowboys’ defensive snaps in 2016, was expected to be an important part of the Cowboys’ 2017 defense. He may yet be a big contributor this year, but he is now facing criminal charges and a possibly lengthy suspension by the NFL.

Wilson was arrested on July 4, 2017 in a Frisco, Texas parking lot after he was alleged to have backed his SUV into a woman who was attempting to save the space for her friend. Wilson is also alleged to have brandished a rifle, but the accounts are conflicting. Wilson himself has blamed “road rage” for the incident.

The Dallas Morning News reports: “Wilson, 24, has posted bond and been released, police spokesman Ryan Chandler said. Each charge carried a $10,000 bond. The charges are second-degree felonies and, if convicted, Wilson could face two to 20 years in state prison and up to a $10,000 fine.”

http://www.star-telegram.com/sports/nfl/dallas-cowboys/article159693399.html

 

If you are charged with aggravated assault or any other crime, you need the Best Fort Worth Criminal Defense Attorneys to fight for you. At Blake & Blake LLP, we are experienced Fort Worth Criminal Defense Attorneys.

Suspected Drunk Driver Crashes Into Texas Home Featured on “Fixer Upper”

According to a report in the Dallas Morning News, a driver suspected of DWI has crashed into a home featured on the popular HGTV home-improvement program. The house is known as the “Three Little Pigs House.” The owners of the home were asleep at the time of the accident and were not injured, but their home has suffered “considerable” damage.

https://www.dallasnews.com/news/crime/2017/07/09/suspected-drunken-driver-smashes-waco-fixer-upper-house

If you or a loved one is arrested for suspicion of drunk driving, you need an experienced Texas DWI Attorney to fight for you. At Blake & Blake LLP, we are experienced Fort Worth DWI Defense Attorneys and are ready to assist you in your time of need. Give us a call at 817-440-4444 or email us at graham@blakelawdfw.com.

Lubbock Criminal Defense Attorneys Read Declaration of Independence For Fourth of July

From the Lubbock Avalanche-Journal comes a report of Texas criminal defense attorneys celebrating Independence Day by reading the document that started it all: the Declaration of Independence.

Quoting from the article:

Members of the Lubbock Criminal Defense Lawyers Association took turns Friday morning on the courthouse lawn reading the grievances against the British King that American colonists listed in a document that became the foundation of a country of people governed and protected by the rule of law.

Chuck Lanehart, a Lubbock attorney, told the dozens of people in the audience that the reading the association members did was similar to how colonists first heard the Declaration of Independence.

“There was no television, there was no radio, there were no telephones, no Twitter, no Facebook,” said Lanehart, one of the organizers of the event. “There were newspapers, but 50 percent of the population could not read. And so broadsides were prepared and brought all across the colonies to places like this, town halls, courthouses, and the Declaration of Independence was read just as we have done today.”

The criminal defense attorneys also read the Bill of Rights, the name given to the first ten amendments to the U.S. Constitution. Mr. Lanehart provides a perfect summary of the importance of the two documents:

“Both documents target absolute tyranny,” Lanehart said. “Both documents are designed to protect the people from government excesses. Both documents identify people void of class or privilege, yet demanding righteous human treatment. The Bill of Rights contains the rules, the tools that we as lawyers use every day in this courthouse and in courthouses across the country.”

http://lubbockonline.com/crime-and-courts/local-news/news/2017-06-30/lubbock-criminal-defense-attorneys-hold-annual-reading

If you have been charged with a crime in Tarrant county, or anywhere in North Texas, you need a Texas criminal defense attorney to protect your rights. At Blake & Blake LLP we are experienced Fort Worth Criminal Defense Attorneys ready to help you fight for the best possible outcome to your case.

Law Enforcement Agencies Announce Increased DWI Enforcement During Fourth of July Holiday Period

The Fourth of July holiday generally sees a large increase in drivers on the road as people make their way to the lake, or the fireworks show, or wherever else they want to celebrate Independence Day. Knowing that drivers are out in larger numbers, Texas law enforcement agencies often make a point of stepping up their presence in general and their efforts to catch suspected drunk drivers in particular. This year is no different, as the Fort Worth Star-Telegram reports:

“Citizens can expect to see more police presence out on the roadways during the upcoming Independence Day holidays thanks to grant funding from the Texas Department of Transportation Traffic Safety Program. The additional funding will pay overtime salaries for officers to conduct Selective Traffic Enforcement Program (STEP) activities including DWI enforcement as well as speed compliance.”

In addition to the increased presence of police and state troopers, we will certainly see north Texas law enforcement agencies tout “no refusal” periods around the holiday weekend. During these times, judges will be on-call to receive requests for search warrants to compel blood draws from drivers suspected of DWI. The Star-Telegram reports that the STEP DWI enforcement program will be taking place between June 24th through July 5th.

http://www.star-telegram.com/news/local/community/weatherford-star-telegram/wt-news/article157840794.html

These periods of increased DWI enforcement are now a routine part of the holidays in Texas. If you have been arrested and charged with Driving While Intoxicated in Tarrant County, you need to speak with a Fort Worth DWI Attorney. At Blake & Blake LLP, we have handled many Fort Worth DWI cases and have also represented clients accused of DWI in surrounding counties. We know how to help you. And remember, if you have been charged with DWI you only have 15 days to request an ALR hearing or else your drivers’ license will be automatically suspended.

 

Houston Police Officer Indicted by Harris County Grand Jury

A Houston police officer has been indicted by a Harris County grand jury for kicking a suspected burglar who had already been shot and for tampering with evidence in the case. The incident took place in February, but the indictment by the grand jury was just handed down last week.

The officer had hurried to his own home upon learning that a burglary was reportedly in progress. The officer confronted the suspected burglar who was allegedly carrying some of the officers person property from the home. A struggle ensued and the officer shot the suspected burglar.

According to the Dallas Morning News:

“[v]ideo taken by witnesses of the incident indicated that Johnson then kicked Carr while he was down. ‛Officer Johnson delivered a number of blows with his foot by kicking Carr while he was on the ground incapacitated after he’d been shot,’ Harris County District Attorney Kim Ogg said at a news conference.”

Prosecutors also allege that the officer moved the suspected burglar’s tool, a pickle fork, to support the officer’s claim that the burglar had used it to threaten him.

https://www.dallasnews.com/news/texas/2017/06/24/former-houston-cop-indicted-kicking-wounded-burglary-suspect-tampering

This is the second case in the past two weeks of a Harris county law enforcement officer being indicted by a grand jury. A Harris County deputy and her husband were recently indicted on charged related to the death of a man allegedly placed in a chokehold by the deputy’s husband.

While indictments make headlines, it is important to remember that the grand jury’s only function is to determine whether probably cause exists to believe an offense has been committed. A grand jury’s indictment is far from a finding of guilt beyond-a-reasonable-doubt. If you are accused of a felony in Fort Worth, or anywhere in Tarrant County, you should consult with an attorney as soon as possible. A Fort Worth Grand Jury Attorney can help you understand the charges you are facing and help you defend yourself. If you have not yet been indicted, your attorney may be able to present evidence for consideration by the grand jury that can result in a “no bill.” If you need help with a grand jury or any criminal law matter in Tarrant, Dallas, Hood, Parker, Johnson, or any other Texas counties, Blake & Blake LLP can help. Our attorneys are experienced in defending criminal cases and have successfully represented clients accused of felonies. We have a track record of obtaining no bills from grand jury proceedings.