Hey guys I have a case monday where the defendant is facing state jail 38.04 felony evading in a motor vehicle. The defendant will be asking for a section 545.421 class B in the transportation code. Now I would love for the jury to find him guilty of both but how should I explain in laymans terms the difference between the two.

Thanks

Check out Walker v. State, 95 S.W.3d 516 which directly addresses your issue. Hopefully it will provide some guidance.

Janette Ansolabehere

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Check out Walker v. State, 95 S.W.3d 516 which directly addresses your issue.

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Yes, as opposed to Driver v. State, which wasn't nearly so helpful.