R. Todd Bennett, P.C.
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Pedestrian killed in suspected drunk driving accident

A 48-year-old man was struck and killed by a man who police believe was driving while intoxicated in a late-evening auto-pedestrian crash in Southwest Houston. The 71-year-old driver has been charged with driving while intoxicated/second offense, and the case is still under investigation.

The accident happened in the 4600 block of Allum near Hiram Clarke. Police say the that the 71-year-old was traveling westbound in a gold-colored Pontiac Montana when he allegedly struck the 48-year-old who was walking along the side of the road. The 48-year-old died at the scene. The 71-year-old was charged after the police took him into custody.

The driver in this case may benefit from a consultation with a lawyer who has experience working with alcohol-related offense cases. That lawyer may be able to help the man throughout the legal process and might create a defense case that may cause the charges to be dropped.

Under Texas DWI law, the definition of "intoxicated" requires that an individual has lost the normal use of his or her mental or physical faculties through that person's use of drugs or alcohol. When pursuing DWI charges, prosecutors must prove, beyond reasonable doubt, that the accused was intoxicated according to this definition. A lawyer working with the accused may be able to cast doubt on evidence supplied by the prosecutors which may lead to a not guilty verdict. In some cases, if a conviction seems likely, the lawyer may suggest that a client take a plea deal that may include penalties that are not as harsh as those that would be given at the end of a lengthy trial.

Source: Houston Chronicle, "Houston police: Driver, 71, drunk when he fatally struck man", October 18, 2013

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