Legal Question in Criminal Law in Texas

Fleeing the scene of an accident.

How much worse is it to flee the scene of an accident than to be found intoxicated at the scene of an accident when that person is at fault? There is over $5000.00 damage to my vehicle and one of my passengers had relatively minor injuries. The driver's wife (who happened on the scene 45 minutes after the accident) is claiming that the driver's truck was stolen from the bar where he was at. They filed a stolen vehicle report about 2 hours after the accident. This man has a DUI on his record 3 years ago. Now he's on probation for check robbery ($250-$750). Me and my passenger got a good look at the man and we will be able to positively identify him when we see him either in person or in a photo line-up. Can his wife also get in trouble for providing false info?


Asked on 12/23/97, 4:33 pm

2 Answers from Attorneys

David Sergi Sergi and Associates PLLC

Some one has got alot of problems

You pose a few intresting questions, the answer depends on how the state will charge the driver.Leaving the scene of an accident is a third degree felony. A second DWI is a Class A Misdemeanor. The driver can also be charged with the 2nd degree felony of Aggravated assault with a deadly weapon (a minimum 50% jail time case0.The wife can be charged with making a false report to a police officer, a class B misdemeanor.THese fine folks sound like complete idiots who probably had no insurance. I would press your DA to ensure that any damages you suffered is covered by a restitution order in any plea bargain so that he goes to jail if he does not pay yopu your damages- include reasonable personal injury damages in your demand. The DA should have a victems coordinator availabe. In addition, there is aslo some crime victems compensation money available. Ask the DA.Merry Xmas. Feel free to call if I can help.

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Answered on 12/24/97, 8:15 am
Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

You be the judge

Place yourself in the position of a juror or the judge. If the person lies to you in this manner, do you think that you would be more forgiving? If they were insured, be sure to get as much as you can. If he was not insured, contact the DPS to take his license until he makes payment arrangements. If you get a judgment against him from a court, you can keep his license for a while. Restitution as a condition of probation in any criminal prosecution could also be helpful as well as the crime victim's compensation fund (ask your da)

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Answered on 1/15/98, 9:50 pm


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