Case Study Of Texas Driving While Intoxicated In The US

Improved Essays
Issue Presented
Under Texas’ Driving While Intoxicated statute, can Nick Spears be convicted when he was (1) intoxicated; (2) removed the parking break and put the car into drive; (3) in a self-propelled golf cart; and (4) in a gated golf and country-club community where the public has access?

Brief Answer Yes. In determining whether a person can be convicted of Driving While Intoxicated in Texas the court requires (1) intoxication; (2) operation; (3) of a motor vehicle; and (4) for the defendant to be in a public place. Nick Spears can be convicted of Driving While Intoxicated because he was intoxicated, committed an action towards operating a vehicle, was in a self-propelled vehicle, and was in place that the public had access to. In

Related Documents

  • Improved Essays

    MOne normal, ordinary day, Natalia Bennett and four others were on their way home from a party in Austin, Texas a little after 4:00 in the morning. Jacqui Saburido had been sitting in the passenger seat next to Natalia. Reggie Stephey had been on his way home as well, but had been drinking. Reggie, only a mile away from his driveway, hit Natalia’s car head on. Natalia and one other died on the spot.…

    • 969 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Summary: Jim, who lives in Detroit Michigan, had a few drinks at a local bar but was not intoxicated. Before he left he asked the bartender for a drink of water, who in error gave him a 6oz cup of 40% Vodka. Jim drank it quickly noticing the strength of the liquid but figured it was his imagination as he had requested water. The Vodka went straight to his head and he became intoxicated, causing him to lose control of his car which jumped a curb and killed two people. Jim was arrested and put on trial under Michigan’s “causing death while operating a motor vehicle while intoxicated” statute which carries a 15 year prison sentence.…

    • 1559 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    This officer while working the Lake County DUI Task Force observed a red Jeep displaying an expired Illinois License Plate A848254. This officer ran a records on the license plate and confirmed the plate was expired. This officer conducted a traffic stop on the vehicle and detained it in the 5200 block of west Ridge Rd. This officer approached the vehicle and contacted driver who identified himself as Raymond Munoz and a passenger. This officer asked Munoz for his driver's license and he stated he did not have one.…

    • 357 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    On 11/9/2017 at approximately 1803 hours, I responded to SR 434 and SR 417 in reference to a disturbance call that was over with, it occurred on the road just before the entrance to SR 417. I meet with Reagan Buhl Hennelly (W/F 08/25/1999) who was parked on the grass median, outside her vehicle an appeared to be distraught and crying. Reagan stated that she turned from Artesia RD onto SR 434 heading west bound, and a vehicle heading the same direction almost collided with her from behind. Reagan stated that there was no impact. I looked at her vehicle and saw no damage.…

    • 350 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    388 Toops Case

    • 144 Words
    • 1 Pages

    The driver of the car panicked at the sight of policemen and in dove into the back seat. Toops drove for some space even though he was intoxicated at when the car began to careen out of control and caught the steering wheel. Toops was eventually convicted of Count I Using A Vehicle While Intoxicated, Count II Using A Vehicle With 10% Or More Of Alcohol In Blood, Count III Using A Vehicle While Intoxicated With A Previous Violation Of Operating While Intoxicated, and Count IV Using A Vehicle With 10% Or More Alcohol In Blood With A Previous Breach Of Using A Vehicle While Intoxicated. * 388 Toops appeals raising four issues for our review. But because one issue is dispositive we address it only: whether the trial court erred in rejecting the…

    • 144 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Question Presented Will James Whitten be successful in claiming the affirmative defense of necessity in driving under a suspended license? Brief Answer Probably yes. In Garner, a person driving under a suspended license may be found not guilty under the affirmative defense of necessity if he was compelled under threat of imminent death or harm to self or others, had a sense of urgency concerning the circumstances that made it necessary for him to violate the law, and that he ceased conduct as soon as the threat subsided.…

    • 1820 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Statement of Facts Nick Spears, an attorney at Tapken & Tapken, was arrested for Driving While Intoxicated at the gated golf-community while at a party for one of the partners of the firm, Joyce Tapken. On September 21, 2014, Spears attended Joyce Tapken’s dinner party at her home located in the gated golf community called Havila Estates. Havila Estates is home to 200 single family residences. The area is surrounded by a fence and contains only one entrance into the community.…

    • 281 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    There is no excuse for driving while intoxicated. People who decide to drive intoxicated should be punished for all of the harm or crimes they commit while driving under the influence. Driving under the influence is a serious crime since you can possibly harm yourself, other people on the road, and if you had passengers in your car. Driving while intoxicated is a crime that needs to be stop. Sadly, back in 2011, Kenneth Belew pleads guilty to driving drunk and killing two high school teenagers.…

    • 597 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    DWI with Open Container in Texas ̵̵ Insights from a Top Criminal Defense Attorney in Houston A charge of driving while intoxicated (DWI) can be a scary experience. When the offense is compounded with an open container charge, you have reason to be all the more concerned. In such cases, you need access to an experienced lawyer who can help you to make the best choices after you have been charged.…

    • 498 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Drunk driving is a major problem in the United States. It kills thousands of people and hurts not only the victim but the families of everyone involved. It is a terrible issue that can be easily avoided and that is what makes it such an emotional issue. Jeanie Morgan's presentation on the death of her daughter Bella was very emotional. She explained how kind and humble she was and how she was so young and innocent.…

    • 281 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    You call for a ride home, which shows up within 20 minutes and give them the address to drop you off. The driver of your car is sober, however the driver of the car that is going to crash into you is not. In a split second, your car is t-boned after an intoxicated man speeds right through a red light at an intersection. His blood alcohol concentration was well over the legal…

    • 1461 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    One night, he was arrested for a DUI while in his neighborhood and Aldridge took on his case. In the case of a DUI, the intoxicated person has to be witnessed actually driving…

    • 1784 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Avoid Drunk Driving

    • 554 Words
    • 3 Pages

    Steps to Undertake to Avoid Drunk Driving Drunk driving can lead to serious consequences. According to available statistics, everyday 28 people die due to drunk driving in America. Around one-third of all the driving accidents in America involve the alcohol impaired drivers. As pointed out by MADD, 1 in every 6 teen binge drinks. However, only 1 in 100 parents believes that their teen binge drinks.…

    • 554 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    There are laws that prohibit drinking and driving, in the state of North Carolina if you are operating a motor vehicle and your BAC, blood alcohol count, is over the legal limit, 0.08, you will either be charged with a DWI, driving while intoxicated, or a DUI, driving under the influence. If you are charged with a DWI “you will get…

    • 775 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Usually after, the child will learn their lesson, and hopefully the drunk driver will too. Therefore, if people got punished for operating a vehicle while intoxicated, they might learn their lesson. People need to realize that nothing good comes from driving intoxicated, and providing this punishment will help them realize it. Everybody knows someone who has either driven under the influence or be hit by someone who was driving under the influence. If a tipsy person would just take the extra precaution by calling a saxi service or a friend, lives throughout the nation would be better.…

    • 760 Words
    • 4 Pages
    Improved Essays