Authorities say that a 57-year-old man was charged with murder after striking another man and killing with his truck along Eastex Freeway in Houston on Sept. 21. The man who was hit was standing near a Mazda that had stalled, and another person inside of the Mazda was also hurt in the crash.
Although an eyewitness to the crash said that the driver didn’t appear to be intoxicated, open containers were reportedly found. According to the Harris County District Attorney’s Office, the man had been taken into custody three times for DWI since 1980 and had been convicted on two occasions. He faces a murder charge in the current case because it would be his third strike if he is convicted.
People who have been charged with drunk driving may be facing serious consequences. Jail time, a fine and a license suspension or revocation are all possible penalties after a conviction for DWI. Other sanctions such as community service and probation may also handed down as part of a conviction for drunk driving. With so much on the line, it may be worthwhile to consult with a criminal defense attorney.
Experienced legal counsel may be able to create a defense that could result in a dismissal or reduction of the charge. For instance, it may be possible that the breath test or other roadside sobriety tests were conducted incorrectly. It may also be possible to argue that there was no probable cause for the traffic stop that resulted in the charges. That may be enough to have some or all evidence in the case thrown out.
Source: ABC 13, “DWI Suspect Charged With Murder Following Deadly Wreck”, Foti Kallergis, Sept. 23, 2015