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There are multiple things that come into play when a person during an intoxicated assault or an intoxicated manslaughter case. A prosecutor has to prove the DWI. A person treats it for the purposes of evaluation just like the first offense case. Similar questions are asked, like is there a legal reason for the stop, is there a probable cause for arrest, and if there were any lab tests to dispute.
The process of a Lubbock felony DWI case can be difficult for someone to deal with on their own, but a qualified DWI lawyer can help with the legalities.
Differences in Processing a Felony DWI Case
Processing a felony DWI case in Lubbock involves challenging who took the lab tests, challenging them, and potentially retesting. A DWI first, a DWI second, a kid in the car DWI felony, or a felony third, because there are two prior convictions, are non-mens rea offenses, which means there is no intention behind the actions.
Causation is also a factor. Causation refers to who is at fault. For an individual to be found guilty of intoxicated assault or intoxicated manslaughter, that individual has to be what the law calls a sole proximate cause of the accident, of the death. A good example is in an intoxicated manslaughter case. There is an accident, the person is ejected from the vehicle, and the non-drinking driver or passenger is ejected from the vehicle and dies, but did not have their seat-belt on. Then there is a causation issue. It is unknown whether that the intoxicated driver was the sole proximate cause.
Intoxicated manslaughter is a third-degree felony, which means a person could face up to 10 years in the penitentiary. On manslaughter, it is a second-degree felony up to the 20. On intoxicated assault, it is a first to a third degree depending on the circumstances.
There are also mitigation options, but the case requires examination from the beginning. This would look like a defense that shows a jury the person, if convicted, is extremely remorseful for what happened and the person was more or less harmless.
Hiring a Local, Experienced DWI Lawyer
A person needs someone who knows what they are doing, who is an expert in criminal law, and who focuses solely on criminal law. They also need a competent Lubbock lawyer who knows the prosecutors and the judges enough so that can work towards their desired outcome.
Sometimes in a felony case, a good result is a reduction to a misdemeanor. On an intoxicated manslaughter case, a good result could be moving the case from a felony manslaughter case to a DWI first offense. The practice of DWI law is not always clear, so what works for one person is not going to work potentially for another person.
An experienced lawyer can help someone figure out what is best for them and their particular situation. Not only will they be a good asset to potentially get charges mitigated, a lawyer can also offer some peace of mind from a stressful case.