11 Dec 2012
We’ve all heard about the consequences of drinking and driving. While some people manage to skirt those consequences for a period of time, the fact is that a single mistake can lead to a tragedy that will forever alter the lives of those affected. An example took place over the weekend, when Dallas linebacker Josh Brent allegedly crashed his car into a construction site in Irving, Texas. The crash killed his passenger and teammate, Jerry Brown, Jr. Investigators say Brent’s car hit a curb, and then continued for about 900 feet before coming to a stop upside down on the roadway. Based upon skid marks and other evidence at the scene, they say they are “certain” that the vehicle was traveling well over the posted speed limit of 45 miles per hour.
According to the arrest affidavit, Brent refused a breath test, but a blood sample was taken, as authorized under section 724.012(b)(1)(A) of the Transportation Code. Unlike a breath sample, the results of the blood test take some time, and have not yet been made available. Police also say Brent admitted to drinking earlier at a Dallas nightclub, and claim that they noticed the odor of alcohol emanating from his breath. They state further that Brent failed field sobriety tests. After transporting Brent to the hospital, he was arrested and charged with intoxication manslaughter, a second degree felony punishable by up to 20 years in prison. He was released after posting bond in the amount of $500,000.
One report indicates that Brent was previously charged with drunk driving, the prior incident having taken place in Illinois in 2009. The article says he entered a guilty plea on that charge, and was sentenced to a month in jail and two years of probation.
We discussed the elements of the crime of intoxication manslaughter in our blog of August 24, 2012, and we pointed out that intoxication plus death does not fulfill all the proof requirements of the offense. There is also the issue of causation. In Brent’s case, all the facts are not yet in. His blood alcohol level has not been released, and there may be circumstances surrounding the crash that could impact on his charge. But however the case turns out, it represents another lesson for those who choose to drink and then get behind the wheel.
Law Office of David D. White, PLLC
1205 Rio Grande Street
Austin, TX 78701
(512) 369-3737