{"id":10667,"date":"2023-12-10T22:49:29","date_gmt":"2023-12-11T04:49:29","guid":{"rendered":"https:\/\/houstondwi.guru\/?p=10667"},"modified":"2023-12-10T22:49:29","modified_gmt":"2023-12-11T04:49:29","slug":"whats-sufficient-proof-that-someone-was-driving-in-a-dwi-case","status":"publish","type":"post","link":"https:\/\/houstondwi.guru\/appeals-court-dwi\/whats-sufficient-proof-that-someone-was-driving-in-a-dwi-case\/","title":{"rendered":"What’s Sufficient Proof That Someone Was Driving in a DWI Case?"},"content":{"rendered":"

The simple definition of DWI<\/a> under the Texas Penal Code is “operating a motor vehicle in a public place” while intoxicated. The same goes for elevated offenses such as intoxication manslaughter<\/a>. The state must prove the defendant was both “operating” a motor vehicle and intoxicated.<\/p>\n

In the typical DWI case, it is not difficult to prove that the defendant was operating a motor vehicle. Most DWI arrests are made by police during traffic stops when the driver–or “operator”–of the motor vehicle is clearly identified. But what about a case where the police find a vehicle after a crash and later identify someone as the purported driver? How much proof is necessary to prove that suspect was, in fact, the driver?<\/p>\n

Texas Appeals Court Upholds Intoxication Manslaughter Conviction of Woman in Daughter’s Death<\/strong><\/h2>\n

A recent Texas appeals court decision, Longoria v. State<\/em><\/a>, offers some answers to these questions. This case involved a Texas woman convicted of intoxication manslaughter<\/a> and six other criminal offenses arising from a fatal car accident. At trial, and later on appeal, the defendant argued there was insufficient evidence to prove she drove the vehicle in question.<\/p>\n

Early one morning in May 2020, police received a phone call reporting a single-vehicle crash involving a Ford Expedition that rolled over. One person–the defendant’s nine-year-old daughter–died and three other individuals sustained serious injuries in the crash. One of the victims, the boyfriend of the defendant’s sister, told police that the defendant was driving the Expedition at the time of the crash.<\/p>\n

But the officers did not personally observe the defendant behind the wheel. And she was not present at the scene when the police arrived. The police then initiated a search and found the defendant about 500 feet away “hiding behind a pile of bricks,” according to court records. The officers later testified that they suspected the defendant was intoxicated based on her slurred speech and smell of alcohol.<\/p>\n

An officer asked the defendant what happened. She replied, “I crashed, and I just ended up running, I ran, and my feet hurt … and I sat there the whole time.” But the defendant denied that she had been driving the car. She said a “friend” was the driver, but she could not give their name. Subsequent chemical testing determined the defendant’s blood alcohol content (BAC) was twice the legal limit.<\/p>\n

As previously mentioned, the jury found the defendant guilty of seven different DWI-related crimes. The trial court imposed a sentence of more than 30 years. The judgment and sentence were upheld on appeal. The Court of Appeals noted there was “overwhelming” evidence that the defendant was the driver, including the fact she fled the scene and told officers, “I crashed,” when questioned.<\/p>\n

Contact Houston DWI Lawyer Tad Nelson Today<\/strong><\/h2>\n

It cannot be emphasized enough that when questioned by the police, your best option is always to say nothing. Always remember that you have the right to remain silent and to consult with a qualified Houston DWI defense attorney. Contact <\/a>Houston DWI Lawyer Tad A Nelson to schedule your free case review today.<\/p>\n","protected":false},"excerpt":{"rendered":"

The simple definition of DWI under the Texas Penal Code is “operating a motor vehicle in a public place” while intoxicated. The same goes for elevated offenses such as intoxication manslaughter. The state must prove the defendant was both “operating” a motor vehicle and intoxicated. In the typical DWI case, it is not difficult to […]<\/p>\n","protected":false},"author":2,"featured_media":9741,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"rank_math_lock_modified_date":false,"footnotes":"","spc_primary_category":-1},"categories":[235,255],"tags":[],"class_list":["post-10667","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-appeals-court-dwi","category-traffic-stops","has-post-title","has-post-date","has-post-category","has-post-tag","has-post-comment","has-post-author",""],"_links":{"self":[{"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/posts\/10667"}],"collection":[{"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/comments?post=10667"}],"version-history":[{"count":1,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/posts\/10667\/revisions"}],"predecessor-version":[{"id":10669,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/posts\/10667\/revisions\/10669"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/media\/9741"}],"wp:attachment":[{"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/media?parent=10667"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/categories?post=10667"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/houstondwi.guru\/wp-json\/wp\/v2\/tags?post=10667"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}