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7/30/2019 Youve Been Arrested for Intoxication Manslaughter Now
What Advice From Austin DWI Lawyer Charles Johnson
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Youve Been Arrested For Intoxication Manslaughter. Now
What?Advice from Austin DWI Lawyer Charles Johnson
If you or someone you know has recently beenarrested and charged
with intoxication
manslaughter, it is crucial that you remain silent
and hire an exceptionally qualified lawyer to
defend you. While law enforcement is required to
advise you of your legal rights, they are also
charged with the duty of trying to coerce you
for information that could be used against
you in the case that prosecutors are already
starting to build. Whether you are made
promises of leniency, or are threatened with
harsher punishment for not talking, it is highly
advised that you tell them you do not wish to
answer questions without your attorney present.
At the Charles Johnson Law Firm, our seasoned legal
representatives are extremely well versed and highly
experienced in cases that pertain to a wide range of DWI defense
matters, including intoxication
manslaughter.
No one truly intends to commit intoxication manslaughter. They
do not wake up and say Im going to get
drunk tonight and drive and see who gets in my way. Accidents do
happen and tragically, someone can die.
Mitigating factors are thoroughly checked out such as whether
the person broke any traffic laws, was driving
with a suspended license, or if the person was negligent in some
way. These are usually tried as
misdemeanors. However, if a person is found to be intoxicated or
under the influence of something, it is
treated in Texas as a second degree felony and the prosecution
goes after the person diligently. In
intoxication manslaughter cases, the prosecution only has to
prove that the driver was indeed, intoxicated.
The term of incarceration could be anything from two years to
twenty years.
If you have been charged withDWIafter being in an accident that
involved a death, you may be facing very
serious charges of intoxication manslaughter. It is imperative
that you speak with Austin Criminal
Lawyer Charles Johnson as soon as possible after you have been
charged, or think you may be
charged. Attorney Johnson has the experience you can rely on for
aggressive and effective defense strategies
against the charges. The skilled attorneys at the Charles
Johnson Law Firm do not believe there is any such
thing as being slam-dunk guilty. No matter what the
circumstances of the accident are, your personal story is
behind the charges and will make a difference in the outcome of
your case. We will make sure that the judgeand jury know that this
isnt just about an intoxication manslaughter case. It is about you
and your family.
Intoxication manslaughter is a Second Degree felony which holds
people liable for any death which occurs
because of criminal negligence, or a violation of traffic safety
laws. A common use of the vehicular
manslaughter laws involves prosecution for a death caused by
driving under the influence (determined by
excessive blood alcohol content levels set by individual U.S.
states), although an independent infraction (such
as driving with a suspended drivers license), or negligence, is
usually also required.
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Intoxication manslaughter, vehicular manslaughter and other
similar offences require a lesser mens rea (Latin
for guilty mind. In criminal law, it is viewed as one of the
necessary elements of a crime) than other
manslaughter offenses. Furthermore, the fact that the defendant
is entitled to use the alcohol, controlled
substance, drug, dangerous drug, or other substance, is no
defense. For example, in Texas, to prove
intoxication manslaughter, it is not necessary to prove the
person was negligent in causing the death of
another, nor that they unlawfully used the substance that
intoxicated them, but only that they wereintoxicated, and operated
a motor vehicle, and someone died as a result.
Types of Intoxication Manslaughter
In Texas, intoxication manslaughter does not only apply to
automobile drivers. Individuals may be charged
with this crime under any of the following circumstances:
If they are operating a car, truck, motorcycle, or any other
type of motorized vehicle in a public place If they are operating a
boat, airplane, or amusement park ride If they assemble an
amusement park ride
If the alleged offender has done any of these things while
intoxicated, and someone was killed by the vehicle
they were operating or had assembled, they can be convicted of
intoxication manslaughter. There is no
requirement that the prosecutor prove negligence, that their
intoxication was the direct cause of the crash, or
that they were behaving unlawfully by using the substance that
caused their intoxication.
Defenses For Intoxication Manslaughter
Intoxication manslaughter cases should be attacked on two fronts
if the case is going to trial. Notwithstanding
whether a person is or is not intoxicated, a good lawyer would
examine the Texas Peace Officer collision report
which was completed as part of the investigation. Just because a
driver may be intoxicated does not mean
that he should be held criminally liable for the death of
another.
There have been cases where the deceased driver was as much at
fault if not more at fault than the accused.
Examples could include the deceased having run a red light, the
deceased having operated his motor vehicle
at night without lights, the deceased also being intoxicated,
the deceased merging improperly into traffic, and
the list goes on. A lawyer familiar with crash reconstruction
and who has worked with reconstruction experts
should be able to present this defense if it is available. The
issue is one of causation and is set forth in Tex.
Penal Code Section 6.04. In a nutshell, what 6.04 states is that
if an accuseds conduct is insufficient in itself
to cause the result, and the conduct of another contributed to
the result and the contributing cause was
sufficient to cause the result, the accused cannot be held
liable.
A good accident reconstruction experts report may convince a
prosecutor to agree to probation if causation is
questionable. That in itself may be worth the investment in
hiring both a reconstruction expert and a lawyerwho knows how to
present such findings.
The second line of defense is whether a person is intoxicated.
Scientific evidence can be compelling for a jury.
However, the State is allowed to rely upon opinion evidence
based upon observations such as lack of
coordination, blood shot eyes, smell of intoxicants on breath,
slurred speech etc. Some of these symptom
could be explained by lack of sleep, allergies, injury, but not
all.
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What Advice From Austin DWI Lawyer Charles Johnson
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Most police departments have on board video cameras and video
may very well have been used in this case.
Video can be a two-edge sword. Many a video has convinced a
defendant to make the best deal possible,
while other videos have convinced an accused to take it to
trial
In blood draws/test results, there are several considerations. A
blood sample can be lost, yet there can be a
medical record from a laboratory stating what the test result
is. In fact, most hospitals dont retain the bloodsamples, but for a
very short period. If the blood draw was for medical treatment,
sometimes there is a chain
of custody problem that makes admission of the medical records
unreliable. Most courts, when dealing with a
chain of custody issue on medical records as the result of
medical treatment rule that any problems goes to
the weight of the evidence, not the admissibility, that is, the
records gets admitted but the defense lawyer
gets to argue that it is not reliable because of the poor chain
of custody.
Mandatory blood draws can be attacked, however, you should hire
a lawyer familiar with the statutory and
administrative requirements for blood draws.
Hire the Best Austin Intoxication Manslaughter Defense Lawyer:
The CharlesJohnson Law Firm
When you are charged with intoxication manslaughter or
intoxication assault, you have more than just the
prosecutor against you. You have the victims family and the
public screaming for your head. You dont have
to go through this alone. The Charles Johnson Law Firm will
fight aggressively to protect your rights and your
future.
After a car accident in which there has been a fatality, it is
an
extremely upsetting situation for everyone involved. Law
enforcement
will collect evidence at the scene and this evidence is an
important part
of the documentation of the case. It is crucial that if you have
been
charged with intoxication manslaughter that you contact The
Charles
Johnson Law Firm quickly. The evidence in the case can be
reviewed
and an attorney can advise you what can be done in your case.
Austin
DWI LawyerCharles Johnson can offer a free evaluation of your
case,
and it is advised that you take advantage of this so it can
be
determined what can be done and what options may be possible
in
your case.
Austin DWI Lawyer Charles Johnson can be reached directly 24
hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted
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Youve Been Arrested For Intoxication Manslaughter. Now What?
Advice from Austin DWI Lawyer
Charles Johnson
Austin Lawyer Charles JohnsonSolving Problems...Every
Dayhttp://www.austinlawyer.com/Charles Johnson Law Firm111
Congress, Suite 400Austin, TX 78701
E-Mail:[email protected]: (512)
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