What is Intoxicated Assault?

Stephen Hamilton: Hello, I’m Stephen Hamilton, a board-certified criminal defense attorney practicing in Lubbock, Texas and the surrounding areas. Today’s video tip is, what is intoxicated assault? If you’ve been arrested for intoxicated assault, that means that there’s been an accident, the driver was intoxicated and somebody was hurt. When we say, “Hurt,” we’re talking about a legal definition that basically means bodily injury, so a little fender bender may not be an intoxicated assault. Basically, if somebody is hit and hurt by a driver who is intoxicated, the driver is going to be charged with driving, basically, not while intoxicated, but with a felony case of intoxicated assault. It’s absolutely imperative that if you’ve been charged with a felony intoxicated assault case, you contact a lawyer immediately. There are serious issues dealing with blood testing and other areas. Interesting enough, in Texas, one of the areas is you have to basically be the sole cause to be guilty of intoxicated assault.

Stephen Hamilton: We want to look at the other driver. Did the other driver, the one that was hurt or the passenger, did that person run the red light? Sometimes we’ll get lab reports from the other person that’ll show they had been drinking, so they may have contributed to the accident in addition to the person who’s actually in charge with intoxicated assault. These reports disappear over time. Medical records have to be subpoenaed. We have to get blood tests and other issues taken care of quickly. If you have been charged with an intoxicated assault, if you have questions, pick up the phone and call me. My office number is (806) 794-0394. We’ll set you up a time to come in and visit with me about any charge intoxicated assault that’s pending with you or your loved one. That’s it for today. My name is Stephen Hamilton. Thanks for watching and have a great day.

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