A Hefty Sentence is Handed Down to a Texas Man Charged with DWI

The news media recently reported the story of a Texas man who was arrested and charged with DWI. The story is both shocking and sad. Whether you think he received a fair sentence all depends on the person who is being asked. After reading the story, you can decide for yourself. Do you think the man received a fair sentence or was the sentence overly harsh? Keep reading to learn more…

In August of 2014, a Houston man was arrested and charged with DWI and threatening to retaliate against an arresting officer. His arrest stemmed from a traffic accident. Authorities were called to the scene after motorist(s) called 911 to report the incident. A tow truck arrived on the scene before police arrived. The tow truck at the scene noticed a wrecked pickup truck. The driver of the truck requested that the tow truck driver tow the truck. He also asked the tow truck driver to take him home before police arrived, so as to avoid a potential DWI. The tow truck driver refused.

When police arrived at the scene, the truck was still present. However, the driver of the truck was not. Police later found the driver, a 64-year old man, in a nearby drainage ditch. The man was in water up to his waist and was attempting to hide from police. The man was found to have a blood alcohol concentration of .217, which is more than 2.5 times the legal limit in Texas. The man was arrested for DWI. After his arrest, the man violently threatened police. He said he would kill not only the arresting officer, but also his children, wife and mother.

At the time of the trial, the jury was aware of the above information. Additionally, the jury knew that the man had been arrested for DWI at least two times prior to his August DWI arrest.

In Texas a DWI jury trial is usually made up of two main phases. During the first phase, the jury is asked to determine whether the accused is guilty or not guilty of the crime(s) with which he or she was charged. If the jury finds the accused guilty of the charged offense(s), then the trial moves to the sentencing phase. During the sentencing phase, the jury may be given additional information that the jury can use to determine an appropriate sentence. Some of this new information may include the accused’s criminal past.

In this case, the jury learned during sentencing that the man had actually been arrested for DWI on nine prior occasions, dating back to 1981. As a habitual offender the man faced between 25 years and life for each charge. After three hours of deliberation, the jury recommended that the man be sentenced to two concurrent life sentences. As such, the 64 year old man will not be eligible for parole until he is 80 years old.

If you have been arrested and charged with drunk driving, the first thing you need to do is to make an appointment to meet with an experienced Dallas County DWI Defense Attorney. Only a seasoned Dallas County DWI Defense Attorney can explain your rights and review your legal options with you. DWI Defense Attorney Jack Pettit has represented countless persons charged with DWI. As a former prosecutor, Jack Pettit understands what it takes to contest a charge of DWI and win. Contact the Law Offices of Jack Pettit today at (214) 521-4567 to schedule a free and completely confidential consultation. Our office provides services to clients in both English and Spanish. Major credit cards are accepted as well.

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