Non-celebrity DWI cases typically do not make national headlines. But there is always the exception that proves the rule. Consider this recent CNN report: A local sheriff’s department in Ohio is currently looking for two men suspected of drinking while driving a horse-and-buggy. According to CNN, the two men are apparently members of the local […]
A DWI accident can quickly turn into a murder case based on the circumstances. Texas allows for what is known as “felony murder” charges in some fatal drunk driving accident cases. Felony murder refers to a type of murder charge that is distinct from premeditated murder. With felony murder, prosecutors need not prove the defendant […]
An open container of alcohol in a car is a red flag for a police officer. And with good reason. It is a misdemeanor under Texas law to have an open container in the passenger area of a car, regardless of whether or not the driver is legally intoxicated. Of course, where there is an […]
Texas law defines manslaughter as “recklessly caus[ing] the death of an individual.” This includes a death arising from a DWI accident. In other words, if you are drunk behind the wheel and unintentionally kill someone in an accident, you potentially face second-degree felony manslaughter charges. Appeals Court: Defendant’s Driving, Drinking Constituted “Reckless” Behavior In fact, […]
Open container violations are often a police officer’s gateway into conducting a warrantless search of a motor vehicle. And once inside the car, any other contraband discovered by the officer–including illegal drugs–may be used as evidence against the vehicle’s driver or passengers. This is why it is important to always remember you have the right […]
When drunk driving leads to a deadly accident, the driver faces some of the most serious penalties available under Texas law. In some cases, the state may charge the driver with felony murder. While DWI accidents are rarely intentional, when a person dies during the commission of another felony (i.e., the DWI itself), it can […]
A DWI-related auto accident can leave you facing not just serious jail time, but also a crippling financial debt. In addition to criminal fines for intoxication assault or intoxication manslaughter, a judge can order you to pay restitution to any victims of the accident. And this can leave you on the hook for a six-figure […]
Driving with an open container of alcohol in your car is never a good idea. For one thing, it’s against the law. And if you are charged with drunk driving, the open container’s presence may lead to enhanced DWI penalties. But you also need to consider that once a police officer spots an open container […]
A DWI accident is more complicated than a simple drunk driving case simply because there are victims to consider. Even in cases where the victims are not killed or seriously injured, the drunk driver may still be criminally liable to pay restitution to the victims. Under Texas law, a court may order such restitution as […]
A DWI accident is obviously more complicated than the run-of-the-mill drunk driving arrest. There tend to be more police involved with the investigation of an accident, especially where someone has been seriously injured or killed. And if you are the person suspected of causing the accident, you need to be prepared to deal with the […]