With the population growth in and around our county we are seeing more traffic fatalities on our roads. Sometimes it is a tough question to decide if and when a traffic accident becomes a criminal act. Sometimes it is not a tough question. Sometimes there is no question at all. But I don't want the police agencies to always make us the fall guy for the decision. I'm thinking about creating some guidelines for the police to use in determining whether a traffic fatality merits review by our office and the Grand Jury. Does anyone have any thoughts on that idea?

Give me a call at TDCAA and we can discuss this.
W. Clay Abbott
DWI Resource prosecutor
512 474 2436

I'm having the same problem. It is possible for an accident to happen when every driver involved is driving carefully, defensively, and in a reasonably well maintained vehicle.

Any guidelines ya'll end up with, I would love to see...

Yes, me too. I just had to write a long letter to a victim's father explain why an intoxication assault was refused when we weren't called out and essentially little to no evidence was collected that would allow us to prosecute the case. We have been telling LE that we need to be called out if there is even a suspicion of an Intoxication Assault or manslaughter.

Don't get me started on criminally negligent homicides investigation reports and filings.