9 Apr 2013
The issue of hit and run driving is a significant one in Austin. While highlighted by the recent conviction of Gabrielle Nestande, the number of people who leave the scene of an accident has been on the rise, according to the Austin Police Department. Auto deaths in the city set a record in 2012, and in twelve cases last year, people were struck and killed by automobiles with the driver fleeing the scene. The APD also says that hit and run accidents involving minor collisions have increased. There were close to 10,000 cases of drivers leaving the scene in 2012, and less than half of those cases have what police call a “viable lead.”
Senate Bill 275, passed by the Texas Senate last week, would increase the penalties for hit and run drivers in some circumstances. The change proposed in the bill would amend section 550.021(c) of the Transportation Code by making the failure to stop and otherwise comply with the law a second degree felony in a case of an accident resulting in a death. That offense is currently a third degree felony. It applies by its terms only to offenses committed after the effective date of the proposed law, September 1, 2013. The law would increase the potential prison time to a maximum of 20 years, the same as for intoxication manslaughter.
According to a recent article, the sponsor of the bill has advanced the theory that because the offense is currently only a third degree felony, and not, as proposed, a second degree felony, drunk drivers were leaving the scene to avoid tougher punishments. Well, we’re not sure if we follow or agree with the logic behind that statement. It does seem to us a bit of a stretch to think that a driver who is drunk would go through the process of figuring out the potential penalties of a hit and run, and based upon that analysis (including the relative sentences for second and third degree felonies), make a decision as to whether to stay or flee the scene. Nevertheless, we do understand the need to attempt to put a halt to what can only be described as a rampant problem of drivers who refuse to stop at the scene of an accident.
The bill now goes to the House for consideration.
Law Office of David D. White, PLLC
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