Lemon Laws

Lemon laws.

When can I use the Texas Lemon Law? The Texas DMV website says.
If you have purchased or leased a new motor vehicle and it develops a defect or condition that substantially impairs the motor vehicle’s use, market value or safety, you may be eligible for relief under the Texas Lemon Law. You are required to allow the manufacturer a reasonable opportunity to repair the defect(s) before you may file a complaint for lemon law relief. There is a $35 filing fee required with the submission of the Lemon Law complaint form. The number of reasonable attempts to repair the defect(s) may vary based upon the defect’s effect on the normal operation of the motor vehicle.

How many “reasonable attempts” to repair a defect is the manufacturer allowed?
One way to show the dealer has had a reasonable number of attempts to fix a defect is to pass one of the following tests. Mileage requirements in the tests do not apply to travel trailers.

The Four Times Test
You pass this test if you have taken your vehicle to the dealership for repair

Four (4) times for the same defect(s) within the first two years or 24,000 miles, whichever comes first; and
the problem continues to exist.
The Serious Safety Hazard Test
A serious safety hazard is a life-threatening malfunction that substantially impedes your ability to control or operate the vehicle normally, or that creates a substantial risk of fire or explosion. You pass this test if you have taken your vehicle to the dealership two or more times for the repair of a serious safety hazard

during first two years or 24,000 miles, whichever comes first, and
the problem continues to exist.
The 30 Day Test
If your new vehicle has been out of service for repair due to a defect(s) that substantially impairs the use or market value of the vehicle due to defects covered by the warranty for a total of 30 or more days during the first 24 months or 24,000 miles, and the problem still exists. If no comparable loaner vehicle was provided to you by the dealer during this time period, you pass the test.

It is advisable to contact the Lemon Law Section of the Texas Department of Motor Vehicles (TxDMV) for more specific information and assistance at (888) 368-4689.

What motor vehicles are eligible?
Cars, trucks, motorcycles, motor homes and all-terrain vehicles are covered, as well as demonstrator vehicles that develop problems covered by a manufacturer’s written warranty. Travel trailers must be titled and registered in Texas to be eligible.

Are used motor vehicles covered?
Your used vehicle may be covered under current state laws. Texas laws related to warranty performance may cover your vehicle if your used vehicle is still covered by the manufacturer’s original warranty (not an extended service contract), or if the problem started and was reported to the dealer while under the manufacturer’s original warranty and it continues to exist, repair assistance of the warranty-related problem may be available to you.

lemon laws Conroe Texas
Montgomery county attorney

Concealed carry reciprocity: H.B. 38

On December 6th, 2017, the US House of Representatives passed HB 38 – Concealed Carry Reciprocity Act of 2017.

2017 was the heaviest year for mass shootings in the great United States’s long history, coming in at 307 gun deaths for the year, So it’s great news that our legislature has taken steps to allow Concealed Carry permits from one state to be honored in another state.  Make sure you know the state you are traveling to has similar laws respecting Texas’s Concealed Carry Reciprocity.

It is a bit of a mystifying problem. Honestly, we want states’ rights. but would it be a tad ridiculous to apply for a new drivers’ license at every state you entered? Since the Constitution protects gun possession, this is a Federal issue. For those liberties of Concealed Carry, we are waving and chanting  “bon voyage” as this bill enters the Senate.

Our assessment of H.B. 38 is that is that it exists largely to ensure that every state will honor any Concealed Carry permit or right from any other state, creating a clean set of governance that is easy to comply with and enforce.  It standardizes whether states must accept the validity of carrying permits from another state. Currently, a confusing patchwork of laws exists that confuse gun owners and police, creating situations that turn law-abiding citizens into accidental criminals.

The bill’s net result will ensure that states are required to recognize the right to carry a firearm concealed by any person who possesses any Concealed Carry permit from any state or by any person who resides in a state where one can carry a concealed firearm legally without a permit.

Contact us if you have any questions 936-441-2999 Montgomery County criminal attorney

Is 2018 the year of the sword?

2018  is upon us, and Texas is in for some interesting news: Swords!

That’s right, you can carry knives and swords longer than 5.5″.  The Texas legislature saw fit to extend this freedom to the people of Texas.

We’re still scratching our heads a little about how the bill made it to law. But, after all, it’s Texas, Y’all.  The right to carry swords and the like is really fundamental to who we are.

When we think about the impact of this law, none of us are really getting the most out of it. I haven’t changed my life at all, and but I’m considering it. Think of the options we now have! Which saber goes well with black trousers? Does one bring a katana or gladiolus to brunch? As you can see, it really does pose socially awkward questions, but we will all learn together and extend the proper grace as I’m sure sword faux pas will abound.

What does that say about us to the other states? That we are a people who so value the freedom that we give people the liberty to potentially behave…well, stupidly.

In camp one, the general population can’t be trusted with anything, because people are stupid and we need to keep sharp objects out of their hands. In the other, we give people the power to mess things up. It goes back to the Constitution: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Some days, in Texas, those rights include a sword.

These rights are not carte blanche: You still can’t take the sword into bars, school sporting events etc., but we’re still excited about this simply because we like empowered people.

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Contact us if you have any questions 936-441-2999 Montgomery County criminal attorney