TDCAA Community
DWI Co-Defendants

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2321061912

April 20, 2011, 12:33
KHobbs
DWI Co-Defendants
Has anyone ever charged two people as co-defendants on a DWI case?

I currently have a case where a trooper observed a vehicle speeding. He turned around to pull over the vehicle. One girl was driving when the trooper caught the car speeding. She got scared and switched seats with a passenger. During the switch, they lost control of the vehicle and ran into a fence.

On the video, both girls clearly state that they were both driving and at what points they were each in control of the vehicle. Driver one was in control when the car was speeding. They started to switch seats while the car was still on the road. In the middle of the switch they lost control of the vehicle. Driver two says she was in control when they hit the fence.

I'm considering charging them as co-defendants. Any thoughts?
April 20, 2011, 12:41
Brody V. Burks
Yes, I have. When I was in Kleberg County we charged two people. One was sitting in the drivers seat and working the pedals. His friend was concerned that he was too intoxicated to steer, so he was leaning over and steering from the passengers seat. Both of them are "operating" the motor vehicle. I don't see any problem here.
April 20, 2011, 12:47
Gretchen
I had your exact same fact pattern, except for the crash part (and our switch was caught on video). We charged them with separate DWI cases. The second driver (original passenger) pled and moved out of state before we could subpoena him as a witness against his friend (both defendants used the same attorney and the attorney knew that was his plan).
April 20, 2011, 14:28
L.J. Griffin
We had two brother, Tommie and Tonnie arrested from the same stop. Deputy knew both of them and knew the driver, Tommie didn't have a DL. turned around stopped them and Tonnie was driving. Both hired the same lawyer, both set beside each other in court and plead to felony DWI at the same time.
April 20, 2011, 16:35
John Greenwood
We had a case where an intoxicated mother, who ran out of beer, had her unlicensed 15 year old daughter drive her to the store. After the car hit a telephone pole, mom explained to the police that she thought daughter was about to to hit a car coming the other-way, so she reached over and grabbed the wheel. After some debate on the defense of necessity when the defendant is the cause of the necessity, she pled to the DWI.
April 27, 2011, 16:51
MDK27
I have prosecuted under the law of parties. Shouldn't have any problem. Of course I always indicted as a principal and gave the parties charge.
April 28, 2011, 00:14
Tuck
Not quite the same but once charged and convicted a defendant as a party to an Intoxication Manslaughter for goading a drunk into a drag race that resulted in an accident killing the drunk's passenger and the driver of another vehicle.