Re: adjudication question
Posted: Fri Sep 05, 2014 8:17 pm
I see that second one, swerving across multiple lanes and white fog lines everyday around here in DFW.
Yes, negligence has to be proved to substantiate the charge. It goes the same for a shooting. If you have to engage someone, and discharge your firearm in a negligent manner, you may be charged and convicted. That is the reason warning shots are NOT a good idea.tacticool wrote:Thanks for that Keith. It reinforced my opinion that a simple goof up is not criminally negligent. In one case, the person deliberately violated the law by not having safety chain on the trailer and when the trailer came loose, his criminal negligence resulted in death. In another case, the driver was talking on the phone, missed their freeway exit, and apparently swerved across solid white lines without signaling to try to make the exit, without regard for other vehicles or the life of their victim.Keith B wrote:Plenty of case law in Texas on this exact scenario http://www.bakers-legal-pages.com/cca/n ... -00000.htm" onclick="window.open(this.href);return false;