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Defendant turns illegally and hits Victim - then leaves the scene. Leter, Defendant is given a citation for driving without a license, unsafe lane change, and leaving the scene of an accident. Should I charge as Deadly Conduct or under Sec 550.021 of the Transportation Code, Accident Involving Personal Injury or Death? Punishment under Trans Code is either TDCJ up to 5 years or County Jail up to 1 year. Do I have jurisdiction under this section as a County Attorney? | ||
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Member |
Is your office limited to misdemeanor jurisdiction? If so, I'm guessing FSRA is out of your jurisdiction. Last time I checked (granted, a long time ago) any unclassified offense with potential penitentiary punishment is considered a 3rd degree for all purposes except the punishment range itself. Note that if there are serious bodily injuries, FSRA is a standard 3rd degree, which doubles the max time and adds a fine. For Deadly Conduct, you'd have to prove recklessness (equivalent to gross negligence in my mind) instead of regular negligence. Example: Instead of 'I didn't see the stop sign', you'd have to show something like "I saw the stop sign and the other car, but I thought I could bluff him into stopping'. Off the top of my head, you (the State) might be able to prosecute for both offenses. While DC is based on conduct leading up to the accident, FSRA is based solely on what happens afterward - fault or causation of the accident is inconsequential to FSRA. | |||
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Member |
You do not have the authority to prosecute the FSRA, since it is a felony. Additionally, if the defendant has paid his citations, there may be a double jeopardy problem. | |||
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