DWI Probation and Heightened Scrutiny

 Posted on May 05, 2021 in Uncategorized

If you're on probation for a DWI conviction, you know that you'll face heightened scrutiny if you're unfortunate enough to be involved in an accident. Even if you've been careful, accidents happen, even to completely sober people. However, law enforcement officials will undoubtedly assume that you were impaired, and you'll need to be careful to protect yourself and your rights. A driver in Cut and Shoot, Texas, will face this uphill battle after a recent accident that killed another driver.

According to the Houston Chronicle, the driver of a minivan was in the middle of a two-way lane on FM 1484 near Miller Road in Cut and Run on the evening of March 23, 2021, when she crashed head-on into a Chevy pickup. A nearby driver witnessed the crash and attempted to call 911 before losing cell service. When emergency personnel reached the scene, they found the driver of the pickup dead and three passengers in critical condition. The minivan driver was in stable condition, and emergency personnel transported the three passengers from the pickup to HCA Houston Healthcare Conroe.

According to authorities, the minivan driver was on probation for DWIs in 2018 and 2011. After this accident, the police hadn't yet charged the driver with DWI. However, a spokesman for the Montgomery County District Attorney's office indicated an investigation into the accident is still underway. The DA's office wouldn't say if charges related to the accident are pending. However, according to Andrew James, vehicular crimes chief at the DA's office, the driver did have another arrest warrant from January 8, 2020, which the police had never served.

Possible Charges

The charges that the driver could face include vehicular manslaughter, which can include manslaughter or criminally negligent homicide. She could also face charges for reckless driving, driving with a suspended license, or hit and run, depending on the circumstances. If the investigation reveals that the driver may have been driving while intoxicated, she could face charges for a third offense DWI, intoxication assault, intoxication manslaughter, and other related charges.

The charges she may face will largely depend on the Montgomery County vehicle crimes department investigation results. Whatever the investigation reveals, the minivan driver will undoubtedly face heightened scrutiny as a result of her past DWIs and her pending arrest warrant. Moreover, she may have violated her probation depending on the terms of her probation and the investigation results.

Hire a Texas DWI Expert

If you're involved in a serious accident, particularly if you've faced a DWI in the past or are currently on probation, you need a Texas attorney who is an expert in DWI defense. You will undoubtedly face more scrutiny because of your driving record and criminal history, and you need legal guidance. Attorney Doug Murphy is a DWI expert and is one of only two Texas attorneys Board Certified in both DWI defense and criminal law. Doug has years of experience successfully defending complex DWI and criminal charges. Recently, Best Lawyers in America named Doug the "Lawyer of the Year" for 2021 for DWI defense, and the Houston media calls him "the drinking driver's best friend." He can help. Call the Murphy & McKinney Law Firm, P.C. at 713-229-8333 today to set up a consultation.