Anybody else having problems digesting the Drichas opinion from Texarkana?

Leaves a bitter taste in my mouth, but should be a problem pretty easily solved by someone saying someone was actually endangered during the chase. That said, in my opinion the court should have been able to say the factfinder reasonably inferred from the circumstances that the vehicle was "capable" even if no imminent threat actually took place.

The definition of "deadly weapon" in Penal Code section 1.07(17)(B)defines as a "deadly weapon" "anything that in the manner of its use or intended use is capable of causing death or serious bodily injury." Certainly Drichas' manner of driving as he fled from the officer was "capable" of causing death or SBI if any unfortunate soul had gotten in his way! I think the courts are wrong when they require that someone was actually put in harms' way by the defendant's actions even if they are not injured as a result. The Drichas' opinion mirrors a couple of others including a DWI case out of the Fort Worth Court of Appeals a few years back.

Janette Ansolabehere