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Zendeh Del & Associates, PLLC


Zendeh Del & Associates, PLLC is a Galveston, Texas based law firm. We provide clients representation in criminal defense, family law, and personal injury cases.
*Principal Office in Galveston, TX*

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Zendeh Del & Associates, PLLC Blog


Prosecutor Suspended For Eavesdropping on Defense Lawyer and Client Communications

 Galveston County Drug Defense Lawyer
Galveston County Drug Defense Lawyer
Prosecutor Suspended for Four Years

An Indiana prosecutor has been suspended for four years, without automatic reinstatement, for eavesdropping on conversations between lawyers and two men being held in death investigations.

The Indiana Supreme Court suspended Robert Neary, the chief deputy prosecutor in LaPorte County, in a Nov. 6 opinion (PDF).

Neary’s conduct “fundamentally infringed on privileged attorney-client communications and, at an absolute minimum, has caused significant delays and evidentiary hurdles in the prosecutions ... , even assuming they still can be prosecuted at all,” the opinion said.

The court noted its opinion in the Taylor appeal that described the eavesdropping as “egregious,” “flagrant,” “unconscionable,” “shameful,” “abhorrent” and “reprehensible.”

“Nothing in the ‘more complete picture’ adduced during these disciplinary proceedings leads us to view [Neary’s] conduct with any less outrage or disapproval,” the court said.

The court said it decided on the suspension as it weighed the severity of Neary’s misconduct with mitigating factors that included a lack of prior discipline, the self-reporting of his conduct, and testimony about his good reputation.

“At the end of the day, these considerations persuade us that the door should not permanently be closed on respondent’s legal career,” the court said.

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Posted Sun, November 12, 2017 - 4:23:49

What is the open container law in Texas? Can I be arrested?

 Galveston Open Container Lawyer
Galveston Open Container Lawyer
What is the open container law in Texas? Can I be arrested for having open alcohol in the car?

A question we are frequently asked is, “What is the open container law in Texas,” and whether you may be arrested for it. To find the answer to that question we turn to Section 49.031 of the Texas Penal Code.

First, let’s look at the definition of “open container.” Open container means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.

Next let’s look at the definition of “passenger area of a motor vehicle.” The passenger area of a motor vehicle means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle, and does *not* include a locked glove compartment, the trunk, or the area behind the last upright seat if the vehicle doesn’t not have a trunk.

The next definition we look at is “public highway.” Public highway means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway.

Now that we have the key phrases defined let’s jump into the law…

In Texas, a person violates the open container law if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.

But what if I’m in an Uber, Lyft, Taxi, or limousine?

You’re good! You cannot be ticketed! The open container law in Texas does not apply to the passenger areas of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus Uber, Lyft, GetMe, taxicab, or limousine.

What is the punishment for open container in Texas?

Violation of the open container law in Texas is a Class C misdemeanor and bears a maximum fine of $500.

Can I be arrested for violating the open container law in Texas?

No! In fact, this is one of only two criminal laws in Texas that you cannot be arrested for! (The other is speeding.) The Texas Penal Code explicitly states what a cop can do: “A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.”

So what can a cop do? 

Only write you a ticket! As long as you sign the ticket promising to appear in court, you cannot be arrested.

Caught having too much fun? We can help. 
Call Jonathan @ 409-740-1111.


Posted Tue, October 10, 2017 - 9:07:38

Five reasons why you should never agree to a search

Cops waste 45 mins of man's time
Cops waste 45 mins of man's time
Five reasons why you should never agree to a search. 

1. It’s your constitutional right.

The 4th Amendment to the Constitution protects us against unreasonable searches and seizures. Specifically, the 4th Amendment guarantees, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” You have the right to refuse searches anywhere and anytime, so long as you aren’t crossing a border checkpoint or entering a secure facility like an airport. Don’t be shy about standing up for your own privacy rights, especially when police are looking for evidence that could put you behind bars.

2. Refusing a search protects you if you end up in court.

It’s possible that a cop might search you anyway when you refuse to give consent, but that’s no reason to say “yes” to the search. If there’s any chance of evidence being found, agreeing to a search is like committing legal suicide.  Agreeing to a search kills your case before you even get to court. If you refuse a search the cop will have to prove in court that there was probable cause to conduct a warrantless search. This will give your us a greater chance to win your case. To preserve this right, always say “no” to a search.

3. Saying “no” can prevent a search altogether.

Sometimes cops are on fishing expeditions or are just flat-out bored at work. If you remain calm and say no, there’s a chance they’ll back down and leave you alone. It’s a waste of time to conduct a search that won’t hold up in court.

4. Searches can waste your time and damage your property.

Do you really have time to sit around while a cop goes through all of your belongings? Cops often spend 30 minutes or more on vehicle searches and even longer searching homes, and don’t count on them to be careful with valuables or to put everything back where they found it. Often times cops leave a car or home looking like a burglar tore it up. If you waive your 4th Amendment rights and agree to be searched you will have few legal options if any property is damaged or missing after the search. Just say “no.”

5. You never know what they’ll find.

Are you really 100 percent certain there’s nothing illegal in your home or vehicle? You can never be too sure. A joint roach could stick to your shoe on the street and wind up on the floorboard. A careless acquaintance could have dropped a baggie behind the seat. Something could have fallen out of the pocket of that guy you gave a ride to last week. Try telling a cop it isn’t yours, and they’ll just laugh and tell you to put your hands behind your back, and arrest you anyways. If you agreed to the search, you can’t challenge the evidence. But if you’re innocent and you refused the search, we have a great chance in court.

Remember that knowing your rights will help you protect yourself, but no amount of preparation can guarantee a good outcome in a bad situation. Your attitude and your choices before, during, and after the encounter will usually matter more than your knowledge of the law. Stay calm no matter what happens, be polite to the officer, and remember that you can always report misconduct after things settle down.

Also remember that these rights are the foundation of freedom in America, and they get weaker every time we fail to exercise them.

JUST SAY NO TO SEARCHES.

If you have been arrested after a search of your home, car, or person in Galveston County, contact an experienced Galveston County criminal defense lawyer to fight your case. We can often beat or minimize the damages of an arrest, and fight for you in court. The experienced Galveston County criminal defense lawyers at Zendeh Del & Associates, PLLC will be on your side and looking out for your best interests.

Don’t wait, call today. Calls are answered 24/7 @ 409-740-1111. 

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Posted Sun, October 08, 2017 - 2:16:03

When can a cop search my car?

 Galveston County Drug Defense Lawyer
Galveston County Drug Defense Lawyer
When can a cop search my car?

The Fourth Amendment's protection against unlawful search and seizure generally prohibits arbitrary vehicle searches by police. If the police search your car without a warrant, your permission, or a valid reason, they are violating your constitutional rights, as protected by the 4th Amendment to the Constitution. There are, however, some limited situations in which police can search a car without a warrant or your consent.

During a traffic stop police only need probable cause to legally search your vehicle. Probable cause means police must have some facts or evidence to believe you’re involved in criminal activity. Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. Probable cause must be more than a mere hunch or belief. Common examples of probable cause include an officer seeing something in plain view and an odor of alcohol or drugs.

When it comes to vehicle searches, courts generally give police more leeway compared to when police are attempting to search a residence. This is because, under the "automobile exception" to the search warrant requirement, courts have recognized that individuals have a lower expectation of privacy when driving a car than when they're in their homes. 

When can police search your car? Generally, only under the following circumstances:

  1. You have given the officer consent;
  2. The officer has probable cause to believe there is evidence of a crime in your vehicle;
  3. The officer reasonably believes a search is necessary for their own protection (a hidden weapon, for example);
  4. You have been arrested and the search is related to that arrest (such as a search for illegal drugs); or
  5. The officer applies for an obtains a warrant to search your car. 

If you have been pulled over and arrested after a search of your vehicle, it is always worth exploring whether the officer had a valid, legal reason to pull you over, and whether the officer actually had probable cause to search your car. If not, it doesn’t matter what he found, it’s not coming into evidence and it cannot be used against you. Both of those are legal questions for a lawyer and judge, not a cop, and cops in the field frequently make mistakes.

If you have been pulled over and arrested in Galveston County, contact an experienced Galveston County criminal defense lawyer to fight your case. We can often beat or minimize the damages of an arrest, and fight for you in court. The experienced Galveston County criminal defense lawyers at Zendeh Del & Associates, PLLC will be on your side and looking out for your best interests. 

Don’t wait, call today. Calls are answered 24/7 @ 409-740-1111. 

Contact Us


Posted Sun, October 08, 2017 - 1:28:50

Can a Cop Search My Phone Without a Warrant?

 Police Need a Warrant to Search Your Phone
Police Need a Warrant to Search Your Phone
Can a police officer search my phone? No!

The Supreme Court unanimously (9-0) ruled in Riley vs. California, 555 US 1992 (200), in favor of privacy. Now police need a warrant to search cell phones. 

Chief Justice John G. Roberts Jr., writing for the court in Riley, was alert to the central role that cellphones play in contemporary life. They are, he said, “such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy.” 

But he added that old principles required that their contents be protected from routine searches. One of the driving forces behind the American Revolution, Chief Justice Roberts wrote, was revulsion against “general warrants,” which “allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity.” 

Courts have long allowed warrantless searches in connection with arrests, saying they are justified by the need to protect police officers and to prevent the destruction of evidence. But Chief Justice Roberts said neither justification made much sense in the context of cellphones. While the police may examine a cellphone to see if it contains, say, a razor blade, he wrote, “once an officer has secured a phone and eliminated any potential physical threats, however, data on the phone can endanger no one.”

Now, without your approval, police officers will have to get a warrant to search your phone.


Posted Sun, October 08, 2017 - 10:59:17

What is the Law on Aggravated Assault in Texas?

 Galveston Aggravated Assault Lawyer
Galveston Aggravated Assault Lawyer
​What is the law on aggravated assault in Texas?

Texas Penal Code - Sec. 22.02.  AGGRAVATED ASSAULT.  

(a)  A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:

     (1)  causes serious bodily injury to another, including the person's spouse;  or

     (2)  uses or exhibits a deadly weapon during the commission of the assault.

(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

     (1)  the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71,0021(b), 71,003, or 71.006, Family Code;

     (2)  regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:

          (A)  by a public servant acting under color of the servant's office or employment;

          (B)  against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

          (C)  in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

          (D)  against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

     (3)  the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:

          (A)  knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;

          (B)  is reckless as to whether the habitation, building, or vehicle is occupied; and

          (C)  in discharging the firearm, causes serious bodily injury to any person.

(c)  The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(d)  In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under  Section 1702.002, Occupations Code.

If you have been arrested for an assault offense in Galveston County, Texas, it is crucial that you contact an experienced Galveston, Texas assault defense lawyer. Depending on the type of assault and the person you are alleged to have assaulted, the penalties of a conviction for assault can be extremely severe. As covered in other blog posts on this site, assaults can range from misdemeanors to felonies. It is crucial that you hire an experienced Galveston criminal defense lawyer to represent you on your case. 

The lawyers at Zendeh Del & Associates, PLLC are experienced assault lawyers who have handled hundreds of cases like this. Call the criminal defense lawyers at Zendeh Del & Associates, PLLC today. 

Calls are answered 24/7.  409-740-1111


Posted Sat, October 07, 2017 - 5:47:38

What is the Law on Delivery or Selling Marijuana in Texas?

 Galveston Marijuana Lawyers
Galveston Marijuana Lawyers
What is the law on delivering or selling marijuana in 
Texas? 

​Sec. 481.120.  OFFENSE:  DELIVERY OF MARIHUANA.  

(a)  Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

(b)  An offense under Subsection (a) is:

     (1)  a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

     (2)  a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

     (3)  a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce; 

     (4)  a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

     (5)  a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

     (6)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.

*Note - In Texas marijuana is called "marihuana" in the criminal context.*

Should I hire a Galveston, Texas Marijuana Lawyer?

Absolutely. If you have been arrested in Galveston, Texas for possession of marijuana, you should hire experienced marijuana lawyers as soon as possible. The lawyers at Zendeh Del & Associates, PLLC are experienced marijuana defense lawyers who will fight for your rights. Don’t go at it alone, call today.


Posted Sat, October 07, 2017 - 5:10:29

What is the Law on Assault in Texas?

 Galveston County Assault Lawyers
Galveston County Assault Lawyers

What is the law on assault in Texas?

Texas Penal Code - Sec. 22.01. ASSAULT. 

 (a) A person commits an offense if the person:

     (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

     (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

     (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

If you have been arrested for an assault offense in Galveston County, Texas, it is crucial that you contact an experienced Galveston, Texas assault defense lawyer. Depending on the type of assault and the person you are alleged to have assaulted, the penalties of a conviction for assault can be extremely severe. As covered in other blog posts on this site, assaults can range from misdemeanors to felonies. It is crucial that you hire an experienced Galveston criminal defense lawyer to represent you on your case. 

The lawyers at Zendeh Del & Associates, PLLC are experienced assault lawyers who have handled hundreds of cases like this. Call the criminal defense lawyers at Zendeh Del & Associates, PLLC today. 

Calls are answered 24/7.  409-740-1111


Posted Sat, October 07, 2017 - 4:41:39

Man Charged with Murder in Galveston After Car Accident

​A 19-year old Galveston man has been charged with murder in the death of a 13-year-old killed in June when a pickup truck crashed into a house.

Kenneth Edmond, 13, of La Marque, died June 18 when the truck he was riding in crashed on Avenue K in Galveston after police had attempted to stop the vehicle.

In the early hours of June 18, police were searching for a group of people that had been reportedly breaking into cars in several hotel parking lots on the island, Galveston Police Department spokesman Derek Gaspard said.

Police spotted the truck that was being used by the group, a green Chevy, moving north away from Seawall Boulevard near the intersection of Avenue M and 17th Street, according to an arrest warrant affidavit obtained by The Daily News.

Officers attempted to stop the truck, but it fled, eventually turning west on Avenue K. The truck crashed after leaving the road and driving over a curb, crashing into two houses, hitting two cars and rolling over, police said.

The truck had been moving at 86 mph when it crashed, according to the affidavit. Its driver had run at least nine stop signs after fleeing the attempted stop, according to the affidavit.

The truck belonged to a man from Schulenburg and had been reported stolen before the crash, according to the affidavit.

Police initially identified Edmond as the driver, and said the teen was trapped in the vehicle after the crash. He was taken from the scene to a University of Texas Medical Branch hospital, where he was pronounced dead.

Immediately after the crash, police said they were looking for a second person who had been in the truck but fled the scene on foot.

Edmond’s relatives later questioned the police version of events, saying he had been picked up by a group of other boys and had not been driving the truck.

Police said Friday they believe Frederick Antone Degrassa York, 19, of Galveston, had been the driver of the truck. He was arrested and charged with murder Thursday.

“York is accused of being the driver of the vehicle that ultimately took the life of Edmond,” Gaspard said in a news release.

York was identified after a parole officer called investigators to tell them that one of the men she monitored had been in the truck before it crashed, according to the affidavit.

Through interviews with witnesses and relatives, police determined that four people — including York and Edmond — were involved in the string of attempted burglaries before the crash, according to the affidavit.

Police also reviewed a SnapChat video shot by Edmond about an hour before the crash, which they used to help identify York, according to the warrant.

York was at the Galveston County jail on Friday afternoon. His bond was set at $150,000.

If convicted, York faces between five and 99 years in prison, and up to a $10,000 fine.

Article credit: Galveston Daily News: http://www.galvnews.com/news/free/article_8d604494-1fff-5aee-8f06-144e56dea43e.html


Posted Sat, October 07, 2017 - 4:33:32

Four Houston-Area Hospitals to Pay $8.6M In Ambulance Dispute

​Prosecutors say four Houston-area hospitals will pay $8.6 million to settle allegations of accepting kickbacks from some ambulance companies.

Federal officials on Wednesday announced the settlement with Bayshore Medical Center, Clear Lake Regional Medical Center, West Houston Medical Center and East Houston Regional Medical Center. All are affiliated with Tennessee-based Hospital Corporation of America.

Some patients allegedly received free or heavily discounted transports by various ambulance companies — in exchange for the hospitals' referral of other lucrative Medicare and Medicaid business to those same companies.

Prosecutors say if not for the kickbacks, which are barred by federal law, the hospitals would have been financially responsible for the patient transports at higher rates.

Authorities say the claims resolved by the settlement are allegations and there's been no determination of liability.

Article Source: Waco Trib


Posted Fri, October 06, 2017 - 9:27:57

What is the Texas law on falsifying a drug test? | Galveston Criminal Defense Lawyer Blog

 Falsifying a Drug Test in Texas is a Crime
Falsifying a Drug Test in Texas is a Crime
What is the Texas law on falsifying a drug test? 

You found yourself needing to pass a drug test for work, probation, or some other reason, but you know you will fail. What should you do? We’re not going to advise you on what to do, but here is what happens if you get caught.

The answer to this question lies in the Texas Health and Safety Code. We turn to Section 481.133 - Offense:  Falsification of Drug Test Results: 

TEXAS LAW:

(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use any substance or device designed to falsify drug test results. 

(b) A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver a substance or device designed to falsify drug test results.

(c) In this section, “drug test” means a lawfully administered test designed to detect the presence of a controlled substance or marihuana. 

(d) An offense under Subsection (a) is a Class B misdemeanor. 

(e) An offense under Subsection (b) is a Class A misdemeanor.

What does that mean? Let’s break it down… 

Section “a” deals with knowingly or intentionally using or possessing with intent to use a device that is used to falsify drug tests. The most common item we see people get caught with is The Wizzinator, which is a device that contains fake (or real) urine. If you knowingly or intentionally use or possess with the intent to use a Wizzinator, you’re looking at a Class B Misdemeanor, which is punishable by up to 6 months in the county jail and up to a $2,000 fine. 

Section “b” deals with selling or giving away a device like a Wizzinator. If you get caught doing that then you’re facing a Class A Misdemeanor, which is punishable by up to 1 year in the county hail and up to a $4,000 fine. 

Section “c” defines what a “drug test” is, and that is limited to a “lawfully administered test designed to detect the presence of a controlled substance or [marijuana].” 

What should you do if you get caught? Don’t admit anything and call a lawyer! This is a knowledge / intent crime, meaning the government will have to prove your motive (what is inside your head) to prove their case.


Posted Mon, October 02, 2017 - 9:06:27

Galveston Police Chief, Richard Boyle, Retires After 40 Years of Service

 Galveston Police Chief Richard Boyle Retires
Galveston Police Chief Richard Boyle Retires
(GALVESTON, TX) October 2, 2017 – After 40 years of service to the law enforcement profession, Chief Richard Boyle has submitted notice of his retirement from the Galveston Police Department effective February 2018. With much of his career spent serving the citizens of Galveston, Chief Boyle is honored to retire his badge with the City of Galveston.

“Galveston is where I began my career and I couldn’t think of a better place to retire. My time spent here as Chief has been an honor and a privilege,” said Chief Richard Boyle”. “I look forward to working with City Administration as we begin the selection process for the next Chief and am committed to ensuring that we make the best decision for our officers as well as our residents.”

Over the course of the next five months, Chief Boyle will assist the City in performing an extensive search for the most qualified candidates to assume this essential role for the City. Chief Boyle’s early announcement provides the City ample time to ensure a smooth transition period. Boyle will also work closely with City administration during this time to restructure the department’s new hire and in‐house training program, as well as revising, restructuring, and training staff on GPD’s internal policies.

Boyle started his law enforcement career with the Galveston Police Department as a Patrol Officer who progressed to the rank of Captain. His skill at bringing multiple entities together to work as a unified team is what brought him back to Galveston in April of 2016 when he was hired as the City’s Police Chief.

“Chief Boyle has been a tremendous asset to the department and we could not be more thankful for his time spent here,” said City Manager Brian Maxwell. “We would like to thank him for his dedication to the Island and look forward to working with him closely as the department transitions to the leadership of a new Chief.”

Article source and credit: City of Galveston (http://www.galvestontx.gov/CivicAlerts.aspx?AID=571)


Posted Mon, October 02, 2017 - 1:25:09

Texting while driving is now illegal in Texas

Staring today, September 1, 2017, texting while driving is illegal in Texas.  

What you need to know:

  • The law seeks to target people who are on their phones while driving. 
  • Police will be on the lookout for drivers whose heads are down and who are swerving.
  • If a driver is stopped at a red light or pulled over on the side of the road it is not a violation to be looking at a phone because they are not "operating a vehicle" in that moment.
  • Cellphones may be used for GPS navigation and music while driving.
  • Using a cell phone while driving to report an "emergency" is okay.
  • The penalty for a first offense is $100 and up to $200 for a subsequent offense.
  • If you cause and accident while texting you could face a Class A Misdemeanor, which is punishable by up to a year in jail and up to a $4,000 fine.
 Texting while driving is illegal in Texas
Texting while driving is illegal in Texas

Posted Fri, September 01, 2017 - 8:21:04
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