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545.401 Trans. Code. Hybrid misdemeanor of sorts. $200 fine and up to 30 days in jail. Can it be enhanced and if so to what> An A or a B?
 
Posts: 7 | Location: Cuero, DeWitt County, TX | Registered: January 16, 2020Reply With QuoteReport This Post
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I would think that it could be enhanced under 12.43(b) to 30-180 days and/or fine of up to $2000.

12.41 would treat the Reckless as a Class B for enhancement purposes.

You may want to read Kirven v. State, 10-15-00359-CR, 2015 WL 9256892 (Tex. App.—Waco Dec. 17, 2015, no pet.).

Kirven was using 12.42(d) to enhance and FSRA bodily injury which is another hybrid type punishment.

Hope it helps.
 
Posts: 26 | Location: Waco, TX | Registered: May 23, 2013Reply With QuoteReport This Post
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