October 08, 2003, 09:23
Stacey L. BrownleeRacing Indictment/Revo
I've got 2 perps racing down a major street in town during the middle of the day. The worst happens and a young woman with her 4 yo is making a turn and gets t-boned by idiot #1. 4 year old is alive but may not make it. Idiot #2 (who was not involved in the actual collison) is on felony probation for FSRA after leaving the scene of a wreck 8 months ago, also the result of a race. We plan to charge both idiot #1 and #2 with numerous offenses including Racing/Deadly Conduct/Agg. Assault
In looking at the Racing on a Highway statute (545.420 Transportation Code) I am wondering
1) if I'm missing the "highway" part of the statute somewhere and
2) What mental state(s) should be alleged ?
Any help would be appreciated !
October 08, 2003, 17:43
Clay A.The highway requirement is in 542.001, TC, racing is in subtitle C. 542.301, TC is generally regarded as removing intent as an element, dispite 6.02(b, Penal Code. I hope this makes it clear as mud, unfortunately that may be as clear as it gets. A headache you may not have seen is how to interpret "participate in any manner". Please keep posting and let us know how this unravels.