Having an open container of alcohol in your car is basically an invitation for police to stop and investigate you for a variety of other crimes, including drunk driving and possession of controlled substances. The mere presence of the open container is often enough to give an officer “probable cause” to believe you have committed […]
Fatal traffic accidents occur every day in the United States. Many of these accidents are the result of negligence or driver error. Some are the result of a driver who is impaired due to the use of alcohol or drugs. In Texas, these cases can be prosecuted as intoxication manslaughter. Prosecutors Fail to Prove Single […]
On February 2, 2020, Harris County sheriff’s deputies responded to the scene of a fatal accident on Bammel North Houston Road and Champions Forest Drive. According to the Houston Chronicle, a man in the turning lane of Bammel North Houston Road “attempted to make a left turn onto Champion Forest Drive” on a flashing yellow […]
Most states have some form of open container law. In Texas, this refers to a specific statute that prohibits an individual from operating any kind of motor vehicle while there is an open “bottle, can or other receptacles that contain any amount of alcoholic beverage” in it. In other words, it is perfectly fine to […]
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, […]
When a drunk driving accident causes injuries to a third party, the driver faces not only likely criminal charges, but also a potential civil lawsuit from the victim. This can put the defendant in a difficult legal position. After all, any testimony offered in defending the civil case could conceivably be used against the defendant […]
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 […]
You probably know that Texas has laws prohibiting the possession of an open container of alcohol in a motor vehicle. You may also be aware that the penalties for DWI may be greater in cases where there is also an open-container violation. But what you may not know is that federal law also plays a […]
Having an open container of alcohol in your car is essentially an invitation to a police officer to detain you on suspicion of drunk driving–or worse. From a legal standpoint, the open container provides the officer with “reasonable suspicion of criminal activity.” This means that while you may not be under arrest, you are also […]