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Defendant is driving 106. Curve comes up. Defendant navigates curve, but crosses over center line slightly. Baby is strapped into car seat, but car seat is NOT strapped to car. That is all there is. Is that enough?
Posts: 100 | Location: Nacogdoches, Texas, USA | Registered: June 19, 2001Reply With QuoteReport This Post
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The facts appear to satisfy the statutory requirements - but that is probably not a case I would try to prosecute in my part of the state. You know your jury pool better, and it is a close case. There is certainly a good argument that the statute is designed to prevent harm, rather than to punish actual harm - we have a separate statute for that. With the right jury you get a conviction, with the wrong one, maybe not. Critical to voir dire extensively on the actual elements. If you decide to proceed, you certainly have several distinct acts (speed, failing to drive in single lane, failing to properly secure the safety seat) upon which to rest a conviction.
Posts: 325 | Location: Texas, USA | Registered: November 16, 2004Reply With QuoteReport This Post
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