Motor Vehicle Crimes Defense Attorney in Austin Texas

There are many crimes that are committed by drivers behind the wheel. Some of the more potentially serious crimes and injuries to drivers, passengers and pedestrians, occur when another driver is under the influence of drugs or alcohol, driving aggressively, recklessly, negligently or driving with Road Rage.

These drivers can cause serious accidents resulting in devastating injuries and fatalities. Some of the more common crimes committed in motor vehicles are DUI/DWI, Road Rage/Aggressive Driving, Vehicular Homicide, and Vehicular Manslaughter – which includes Intoxication Manslaughter

Austin Criminal Defense Attorney Bill White is experienced in successfully handling motor vehicle crimes and related charges. He will work with you with honest advice, and superior understanding of Texas Law. Bill White handles all of his cases personally and will guide through the best course of action in the event that you have been accused of or charged with a crime. He works hard to the accused and their families through one of the most difficult and trying experiences of their lives.

Vehicular Manslaughter

Vehicular Manslaughter is a felony charge that holds a person liable for any death that occurs because of his or her criminal negligence or a violation of traffic safety laws. A common use of the vehicular manslaughter laws involves prosecution for a death caused by a person driving under the influence (DUI or DWI), although independent charges, including driving with a suspended driver's license, reckless driving, or negligence may also apply.

In Texas, a person commits Intoxication Manslaughter if he or she operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and is intoxicated, and by reason of that intoxication causes the death of another by accident or mistake (not intentionally).

In the cases of Intoxication Manslaughter, Vehicular Manslaughter and other similar offenses, the prosecution requires a lesser mens rea than other manslaughter offenses, meaning they do have to have acted with intent or a "guilty mind" to be charged. Additionally, the defense cannot argue that the defendant was entitled to use the alcohol, any controlled or other substance. In Texas, Intoxication Manslaughter is proved only by proving that that the accused was intoxicated and operated a motor vehicle and someone died as a result of their intoxication. It is not necessary to prove the accused was negligent in causing the death of another, nor that they unlawfully used the alcohol or any substance to become intoxicated.

Vehicular Homicide:

In Texas, as in most of the United States, Vehicular Homicide is a crime. All states excluding Alaska, Montana, Arizona and Oregon have vehicular homicide statutes. The laws effectively make vehicles potentially dead weapons. This makes it easier to convict the accused and makes way for more severe penalties. In Texas, defendants can still be charged with the greater charge of manslaughter or murder in some situations.

In general, Vehicular Homicide it is a lesser charge than Vehicular Manslaughter. IT involves a death that resulting from the reckless or negligent operation of a vehicle, or a death that results from committing an unlawful act, while driving, that does not amount to a felony.

The victim may be either a person not in the car with the offender, such as a pedestrian or another motorist, or a passenger in the vehicle with the offender.

Contact Bill White, a criminal defense lawyer in Austin, to discuss your rights and options if you or someone you know has been accused of or charged with Vehicular Homicide.

Aggressive Driving and Road Rage

Aggressive driving is a form of automobile operation in which an operator will deliberately behave with contempt towards other drivers and drive in such a manner as to increase the risk of an automobile accident.

Unlike drunk driving, aggressive driving is not usually the result of a drug or chemical, but rather the personality of the person operating the automobile.

Aggressive driving can also lead to much more serious crimes, such as Vehicular Manslaughter or murder. An aggressive driver may drive so recklessly as to injure or kill another driver or, in extreme cases, will "hunt another driver down" and then deliberately attempt to harm the person. This is often known as "Road Rage," which is generally a more serious than aggressive driving, as it is more likely to result in road traffic accidents, criminal acts against other drivers, injuries, and even fatalities.

The following actions are generally considered acts of Road Rage:

• Generally aggressive driving, including sudden acceleration, braking, "brake checking," and close tailgating.
• Cutting off another driver in a lane.
• Deliberately preventing another driver from merging.
• Sounding the vehicle's horn or flashing lights excessively, especially flashing the "brights."
• Rude gestures
• Shouting verbal abuse, threats, or even spitting at another driver.
• Intentionally causing a collision between vehicles, or attempting to
• Running another driver off the road.
• Swerving to prevent passing or to threaten another driver.
• Exiting the car to attempt to start a confrontation.
• Striking another vehicle with an object.
• Threatening to use, using, or brandishing a firearm or other deadly weapon (such as a knife or a bat).
• Throwing projectiles from a moving vehicle with the intent of damaging other vehicles.

DUI and DWI:

Drunk driving is responsible for many road traffic accidents every year. In many cases, drunk drivers kill people, which may result in a charge of Intoxication Manslaughter.

In the state of Texas, a person is legally intoxicated and may be arrested and charged with DWI with a blood alcohol content (BAC) of 0.08% or higher. However, a DUI offense only requires proof of intoxication, and drivers may be charged with DUI even if his or her BAC is under the "legal limit." There are also other ways to test for intoxication including a breathalyzer test, urine tests, and field sobriety tests such as walking in a straight line.

Additionally, it is a criminal offense in all states to drive a vehicle while under the influence of drugs (DUID), or under the combined influence of alcohol and drugs. In this case, you can be charged even if the drugs are not illegal.

A conviction for a DUI in Texas will have long lasting consequences. Your license may be suspended or permanently revoked, and sentences can range from $2,000 in fines, to community service or up to a year in jail. Conviction means you have a criminal record that will follow you everywhere you go.

Contact Bill White, a DUI defense lawyer in Austin, to discuss your options if you have been accused of or charged with DUI/DWI or Intoxication Manslaughter.

More Information About Motor Vehicle Crimes

• AAA – Texas
• Texas Statutes and Penal Code
• AAA Foundation for Safety
• National Conference of State Legislatures
• Texas Department of Transportation
• City of Austin Police Department
• DUI/DWI Laws at the Insurance Institute for Highway Safety
• The Unofficial Guide to the DMV

Contact criminal defense attorney Bill White to discuss your case.

 

1307 West Avenue   Austin, Texas 78701   Phone: 512-476-1494
  Bill White Blackberry: 512-698-1153   Fax: 512-476-8050  
Email: billwhite@billwhitecriminallaw.com