I'm sure you've seen the billboards on the freeway. And the street signs. It's even on television, courtesy of the Texas Department of Transportation. Which is, of course, a state governmental agency. You'd think they'd know the law. Or at least ask someone who does before undertaking a media campaign that grossly mis-states it. After all, it's not illegal to drink and drive. It is, of course, against the law to drink to the point of intoxication and drive.
Many, many people have a cocktail at dinner, and then drive home. Maybe, you drove to and from a friend's house last weekend to watch the Cowboys game, and had a beer or two while you were there. Perfectly lawful. I mean, if you aren't intoxicated, why should anyone care whether or not you drive? Even if you've been drinking.
When I'm representing someone in a DWI trial, I always ask the potential jurors if they would find my client "not guilty," even if he'd had 20 beers, so long as they believe that the state has not proven, beyond a reasonable doubt, that he was intoxicated. Why? Because the law requires them to do so. Of course, I'm not suggesting that anyone drink 3 plus six packs and get behind the wheel. But you get the point.
"Drink, drive, go to jail" IS NOT the law in Texas. And "ignorance of the law is no excuse." Yet, we can't rely on the state to tell us what the law, in fact, IS!
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2 comments:
Awesome, but hope I don't have to test it out.
Regarding your previous story, hope you client reports that police officer!
A recent Texas appellate decision agrees with you, at least that it's not illegal for a person over 21 to drink and drive. And the next time I saw the billboard it pissed me off.
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