I was about to leave the karaoke bar and go home when my wife called me saying she’d just had a pregnancy test and it was positive. It was a big deal considering we had been married for eight years, and the constant trying and visits to the doctor had proved futile. I was so happy I could not wait to get home, and in my excitement, I told my best friend and colleague, Tom who said we had to celebrate. Being the operations manager of a marketing firm in Houston, I always kept a bottle of scotch to celebrate big wins and this qualified so we sat in my office and I shared all the wonderful plans I had for my little angel. After a few glasses, we decided to go home.
I Accidentally Ran Over a Pedestrian
I rushed to my car, got behind the wheel and drove to the highway where I felt like telling everyone I was soon to be a father. The phone rang, and I began searching for it only to realize that in my haste to get out of the office, I had put it in my briefcase which was in the passenger seat. I ignored the call, but it kept ringing, so I turned to open the suitcase and answer the phone. The next thing I knew was my car hitting something and going over what felt like a bump. That area did not have bumps, and I stopped to take a look. A woman was stuck under my car bleeding heavily, and I called the ambulance.
Police Suspected me of DWI
The police arrived at the scene at the same time as the ambulance, and I was shocked thinking I had killed someone. I could hardly stand maybe due to shock, but the police immediately suspected I was drunk, so they asked me if I had been drinking and I truthfully said I’d taken a few drinks. Thinking the truth shall set me free, I found myself instead heading to the police station, and all I could ask was a chance to call my attorney, Tad A. Nelson. I learned about Tad’s law firm a few years ago when researching him on behalf of a friend of mind who was looking for a good lawyer in Houston for a drunk driving charge. After stumbling upon a post on Reddit, I figured he was the man.
The Lady Died: Intoxication Manslaughter
I underwent the blood alcohol tests which indicated my BAC to be 0.08, the legal limit. The Houston DWI Lawyer I hired came and informed me my charges were DWI and intoxication manslaughter. I could hardly believe it; apparently, the woman I had ran over succumbed to injuries and died which made me guilty of the said crime. The worst part was when Tad told me the woman was pregnant and since her unborn child had died, I was facing two counts of intoxication manslaughter.
Facing the consequences of DWI and intoxication manslaughter
I asked Tad my possibilities as it dawned on me that my child would probably have to see me in my jumpsuit for his entire life when he came to visit me in jail. Tad calmly explained had it been my first DWI offense only; I would have had my license suspended, charged a fine of no more than $2000 and spent up to 180 days in jail. Tad’s face however changed when he continued to say that since they were charging me with intoxication manslaughter, a second-degree felony in Texas, the consequences were different.
Intoxication manslaughter attracts a prison sentence of between 2 to 20 years and a fine of up to $10,000. Unfortunately, I was facing double charges, and each charge applies to a single victim meaning they could stack the penalties on each other. In reality, I could be in jail for 40 years and serve a mandatory community service penalty of 240 hours, at least if found guilty.
Not intoxication manslaughter
I told Tad I did not cause the accident due to my intoxication and since “intoxication manslaughter is by reason of intoxication causing the death of another”, I was not guilty. Unfortunately, Tad explained it would make no difference since it was still involuntary manslaughter which was also a second-degree felony that attracted the same penalties as intoxication manslaughter. In short, my doom was near, and I waited for the judge to proclaim my sentence while I mentally prepared myself to be in jail for the rest of my life. Then, unbeknown to me, Tad introduced medical documents into evidence. The medical examiner determined the woman to have multiple stab wounds and other injuries that were inconsistent with being run down by an automobile. My case was dismissed.