Legal Question in Criminal Law in Texas

A girl hit and killed a man on a motorcycle while he was stopped at a red light. She ran from the scene, and was found 3 days later. The police report that her boyfriend gave says she had one margarita before going out and having three more. The night of the accident--when she ran-- she went to an unknown man's house to ask if she could charge her phone, claiming she was involved in an accident. Her father picked her up also claiming she had been drinking, who then took her to her grandmother's house, who claimed the same thing. THIS unknown man finds out later that it was a dear friend of his that was killed. My question is as follows: Because she wasn't at the scene when officers arrived, it has been said that she may not be charged with intoxication because there is no evidence. But, wouldn't three eyewitness and a police report be enough to indict her with an intoxication charge?


Asked on 9/02/12, 5:22 pm

2 Answers from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

First, let me say that I am very sorry to hear about your lose.

It very well may be enough. I am a lawyer that represent people in civil suits against drunk drivers and their insurance companies.

I would like to speak to you further. Please call me for a free consultation: 512-827-7548 (rings to my office and cell so feel free to contact me outside of normal business hours). Or send me an e-mail at: [email protected]

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Answered on 9/02/12, 8:37 pm
TC Langford Langford Law Office

It may be sufficient evidence in a civil setting, but not likely to be sufficient for a criminal charge. The asst district attorney handling the case is the person with the most available information in the case.

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Answered on 9/03/12, 12:13 pm


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