R. Todd Bennett, P.C.
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Drunk driving related charge heads to Texas civil court

Texans who have to deal with drunk driving related charges should have a firm understanding of all the related legal issues. First, a drunk driving related offense can and often does carry serious consequences, which means those facing such charges, in order to receive the best protection, should be aware of all the relevant facts concerning this area of criminal law. One aspect of being charged with such crimes is that sometimes individuals who may have been injured in a drunk driving related accident are eager to see those suspected of drunk driving punished.

For example, a case involving a Texas man who was injured in an accident in April 2010 is now being tried in civil court. The injured man and his sister have brought charges against the woman who was driving the other vehicle after investigators alleged that the woman was in possession of beer and drugs at the time of the accident. Complicating matters, it was discovered that the woman had been arrested previously on DWI charges.

To be sure, the woman accused of DWI in this case has a considerable legal fight on her hands. But regardless of what may have happened in the past, a court should not consider previous convictions in determining guilt or innocence with respect to present charges. Every individual accused of drunk driving must be tried based on the circumstances of the incident in question, and not everyone accused of such crimes is guilty. As has happened time and again, details of an investigation or an arrest can be found to be faulty, resulting in reduced or dismissed charges. While the media and other opinion-makers may do their best to influence the public about individuals accused of particular crimes, nothing can change the fact that accused individuals have a right to a fair trial, which means that the circumstances of the incident in question must be closely scrutinized on the presumption of innocence. By law, Texans and other individuals throughout the country deserve a strong and meaningful defense, no matter the nature of the charges.

Source: woai.com, "Repeat drunk drivers destroying lives," Darlene Dorsey, Nov. 9, 2011

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