August 28, 2008, 12:00
mllMental state for DWLI?
The case law that I have found indicates that a culpable mental state is not required for the offense of DWLI. However, I have seen information/complaints that contain "intentionally or knowingly" language. Which is it?
August 28, 2008, 12:13
Scott SayCheck out Tran. Sec 521.457 - you don't have to (and should not) allege any mental state.
If you read through the statute, there is an affirmative defense (d), but it's defeated if notice was sent to address on license.
August 29, 2008, 09:10
mllThanks! I know that the statute doesn't contain a culpable mental state requirement, but the argument has been made that 6.02(b) of the Penal Code applies. For the most part, it looks as though the courts have said one is not required, although there is a case out of Fort Worth (Bryant v. State, 643 S.W.2d 241) that held otherwise. However, that Court appears to have changed its mind in later opinions. Just wondering--as some of these cases are getting put on our jury dockets!!