Charges related to intoxication manslaughter in Texas may be defendable no matter how serious the accusations are. At the Law Office of Osvaldo J. Morales III P.C., we understand how stressful a felony charge involving a fatality can be. Regardless of the type of offense, each one has its own method for a defense and a way you may reduce the severity of the punishment if convicted.
A Hidalgo County resident involved in a fatal accident faced up to 20 years in prison related to her intoxication manslaughter felony charge. According to The Monitor, however, she instead received a sentence of two years of incarceration after a one-week jury trial. As part of her sentencing, the judge ordered four years of probation for an additional charge of an intoxication assault stemming from her hitting a parked car on Interstate 2.
During the trial, the defendant admitted to having had three or four mixed drinks before getting behind the wheel of her vehicle. She was on her way to pick up a friend while operating her car, allegedly also speeding and texting. Reportedly, she maintained her innocence by claiming that the unlit car parked in the shoulder suddenly pulled in front of her without any warning. The prosecuting team, however, claimed that she swerved into the shoulder and struck the car which then fatally ejected the 28-year-old victim. The victim’s father was also in the parked vehicle and suffered severe injuries.
Test results revealed that the defendant’s blood alcohol concentration was .141. While this test was purportedly taken two hours after the fatal crash, a forensic scientist testified during the trial that her BAC may have actually been about .177. Without complete and accurate test results, however, prosecutors may not have the power to demand a harsh punishment.
Our page on criminal defense provides more information about what you might expect throughout the legal procedure for felony offenses.