From Criminally Negligent Homicide to Intoxication Manslaughter

In a horrible and tragic crash three teenage girls were killed when a driver in Toyota Camry allegedly ran a red light and smashed into a Ford Excursion on July 9. You may have read the story or seen it on the news. The driver of the Toyota was allegedly intoxicated.

The crash illustrates a number of things. The first being to not drive if you are anywhere near being intoxicated. Further, you must always be careful on the roads, especially the late hours of the night, there are drunk drivers on the road.

In this situation the driver of the Toyota can be charged anywhere from a State Jail Felony of Criminally Negligent Homicide, to a Second Degree Felony of either Manslaughter or Intoxication Manslaughter. 

The difference in possible punishment, based on the charges can be from 6 months State Jail to a possible 60 years if the the charge is Intoxication Manslaughter and the prison time is stacked. 

Of course this could have all been avoided, but unfortunately it is too late for that. 

If you or someone you know is need of a Houston DWI attorney call Texas Board Certified Attorney Mario Madrid at 713-877-9400.

When Do Car Crashes Become Criminal In Houston?

 You've no doubt read the recent news regarding Toyota Camry recalls. I came across an online story of a man convicted of vehicular manslaughter in Minnesota. Koua Fong Lee was sentenced to 8 years in prison after being accused of speeding and crashing into cars in front of him killing 2 people and paralyzing a third person. Lee contends that his car sped up on its own and is now asking that his 1996 Toyota Camry be reexamined. Toyota has issued a recall for several models and years of its vehicles, but the 1996 Camry is not one of them.

The case highlights the challenges with prosecuting and defending car accidents that may or may not rise to criminal negligence. The Houston Press recently wrote a story regarding the Harris County District Attorney's Office prosecution of car accidents that they believe rise to the level of Criminal Negligent Homicide.

Catherine Evans, Chief of the Harris County District Attorney's Office Vehicular Crimes Section, is quoted explaining the factors that are taken into consideration when deciding whether to charge someone. "What were the ambient conditions? What was the weather like? The lighting, the equipment on the different vehicles if you had different vehicles involved. You're also looking at the behavior and the actions of the victim, the other driver in the case, because it's often a situation of two people making a series of bad choices or acts, so you need to have an understanding of what caused it or how those events contributed to the crash."

If you live in a big city like Houston that is big on highways and not so big on public transportation you will spend a significant time on the public roads. Accidents happen everyday all over town. Sometimes the result of these accidents is death. But is the death as a result of an accident criminal? It could be. Drive safe.

If you are need of a Houston Criminal Defense Lawyer contact Texas Board Certifed Attorney Mario Madrid at 713-877-9400.