8 Jul 2014
Multiple charges are pending against two women after a head-on collision in Waco.
According to police, the two women were traveling down a local road, but were heading in the wrong direction. Also in the car were two children, whose mother was in the passenger seat. The car eventually collided head-on with another vehicle. While there were apparently no serious injuries, both children were hurt, and one occupant from each of the vehicles was taken to the hospital.
The officers responding to the scene say that both the driver of white car and her passenger were intoxicated. The incident has led to numerous charges against the women. The passenger faces two counts of child endangerment. This is the act of placing a child under the age of 15 in imminent danger of injury or death. In this situation, the offense is a state jail felony.
The driver, of course, is facing additional charges. First, she has been charged with DWI. She is also charged with intoxication assault and injury to a child:
- Injury to a child is an offense under the general heading of assault. Assault consists of causing offensive contact or bodily injury, or threatening bodily injury to another person by an act which is intentional, knowing, or reckless. Simple assault is usually charged as a misdemeanor, in the absence of additional circumstances. Under section 22.04 of the Texas Penal Code, however, where the alleged victim is a child under the age of 15, a person 65 years of age or older, or a disabled person, the offense is a felony, the level of which depends upon the circumstances.
- Intoxication assault consists, in this case, of operating a vehicle while intoxicated, and causing serious injury to another person. The phrase “serious bodily injury” means an injury that creates a risk of death, or that causes disfigurement, or impairment or loss of a bodily function or organ. It is a third degree felony.
As noted above, no one, according to police reports, was “seriously” injured in the crash. And yet the driver is accused of intoxication assault, which requires, by definition, a condition that sounds quite serious. We’ll have to wait to see whether that issue arises in the case. But keep in mind that our everyday usage of words does not necessarily carry same definition as when those same words are used in connection with the criminal law.
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
(512) 369-3737