What Is Intoxicated Manslaughter?
Intoxication manslaughter is a criminal offense defined in the Texas Penal Code Section 49.08. It is a form of manslaughter that occurs when a person operates a motor vehicle in a public place while being intoxicated and causes the death of another person. Under the Texas Penal Code, a person is considered intoxicated if they have lost the normal use of their mental or physical faculties due to the consumption of drugs or alcohol, or if they have a blood alcohol concentration also known as (BAC) of 0.08 or higher.
Intoxication manslaughter is considered a second-degree felony in the State of Texas, and the penalties can include imprisonment for two to twenty years and a fine of up to $10,000. In addition to these criminal penalties, a person being convicted of intoxication manslaughter may also face civil lawsuits including gross negligence, and may be ordered to pay restitution to the victim's family.
Just recently in the State of Texas, a woman by the name of Kristen Chambers has recently been charged with intoxication manslaughter for hitting a man with her motor vehicle, causing him to be fly approximately 30 feet into the air and killing the man. This all happened while he was on his first date and while walking on the sidewalk. Chambers appeared at her first court appearance recently, where the judge had set her bond to $50,000, stating that she was a clear danger to the community. The judge also states that Chambers is prohibited from driving unless she got a job because Chambers does not work and her husband is the sole provider and as such she will not need to drive. She was also required to install a landline at her home to show that she is abiding by the law and she also has to wear a SCRAM device. This type of device is used to monitor the body’s sweat in her body for alcohol.
According to the news media, Chambers had four times over the legal limit of alcohol in her blood and it was later discovered she had possession of illegal drugs in her car. The blood test that she took and that was submitted to the courts to show her blood alcohol content also showed traces of Adderall and cocaine in her blood system. She was driving her motor vehicle over 100 miles per hour when her Porsche vehicle bumped and jumped the curb and hit the victim, Joe McMullin who was walking along the sidewalk with his date.
What Is A SCRAM Device?
A Secure Continuous Remote Alcohol Monitoring, which is also known as SCRAM device is a wearable electronic device that is designed to detect and measure the level of alcohol in a person's body sweat. It is typically used as a form of alternative sentencing or monitoring for individuals who have been convicted of alcohol-related offenses, such as driving under the influence or in short, a DUI, and also used during probation violations related to alcohol use by the offender. The SCRAM device is worn on the ankle and uses transdermal alcohol testing technology to detect the presence of alcohol in a person's body sweat. This type of device takes continuous readings and sends the data to a monitoring center, where it is reviewed and analyzed by trained professionals. If the SCRAM device detects alcohol in a person's body sweat, it can trigger an alert to the monitoring center, which can result in immediate consequences such as additional probationary requirements, jail time, or other legal consequences. The use of SCRAM devices has become increasingly popular in recent years and it is used as a tool to monitor alcohol use in a variety of settings, including criminal justice, workplace safety, and addiction treatment plans.
Chambers had allegedly lost control of her Porsche while driving at a speed of about 100 miles per hour, causing her to lose control of her motor vehicle and bumped and jumped the curb on Westheimer in the City of Houston. Chamber and the passengers were injured in the crash but all of them survived this tragic accident. In the courtroom, her defense attorney tried to separate her crime by stating that they would properly look at whether this was in fact a criminal act or her case should just be classified as a civil lawsuit. It is important to understand that this type of case which included her gross negligence is most definitely a criminal case, however, the victim's family can also file papers to sue her in a civil case, opening up an additional case alongside the criminal case already opened. When the offender is charged with a criminal offense such as Chambers, the victim’s family can always file a civil lawsuit to open a civil case alongside the criminal case to sue and seek justice for the wrongful death of it is relative, such as gross negligence of the offender, for emotional damages, loss of earnings capacity of the victim, loss of companionship, economic damages and noneconomic damages.
A Date That Ended With Tragedy
Joe McMullin was a 33-year-old man just out on a nice date in town with a woman that he had bonded over with music. He had invited his date out for karaoke night at the bar and lounge Avant Garden, when they got ready to leave, they noticed that the nearby taco truck was closed. So, they decided to walk to the nearby Voodoo Donut shop. Unfortunately, this is when Chambers appeared in her motor vehicle, under the influence of alcohol and drugs, and was unable to successfully make the turn on the road, and unfortunately, Joe was hit by her motor vehicle going approximately 1000 miles per hour causing him to be thrown 30 feet from the wreckage. The woman Joe was with on a date describes the scene as seeing a bright flash and then the next thing she knew she was looking for Joe. She stated that she felt something graze her hip and did not know if it was the car or Joe’s foot as he flew past her. She remembered thinking to herself where her date Joe was. She had immediately called 911 and started to perform CPR on Joe until the paramedics arrived at the scene, but unfortunately, Joe was pronounced dead at the scene.
How Much Alcohol Is Too Much?
The amount of alcohol that is considered too much for an individual can vary depending on several factors, which include the person's age, weight, sex, overall health, and whether the person has eaten any food recently. In the United States, a standard drink contains about 14 grams of pure alcohol, which is roughly equivalent to 12 ounces of regular beer at about 5% alcohol, 5 ounces of wine at about 12% alcohol, or about 1.5 ounces of distilled spirits or liquor at about 40% alcohol.
According to the National Institute on Alcohol Abuse and Alcoholism also known as the NIAAA, for most adults, moderate drinking is defined as up to one drink per day for women and up to two drinks per day for men. Drinking more than this amount on a regular basis can increase the risk of developing alcohol-related health problems, including liver disease, high blood pressure, and certain types of cancer.
Binge drinking, which is defined as consuming a large amount of alcohol in a short period of time, is also considered dangerous and can lead to acute alcohol poisoning, which can be life-threatening. According to the NIAAA, binge drinking is typically defined as consuming four or more drinks for women and five or more drinks for men within two hours. It's important to note that even moderate drinking can be harmful to certain individuals, such as pregnant women, people with certain medical conditions, and those who take certain medications. Additionally, any amount of alcohol can impair a person's judgment, coordination, and reaction time, which can lead to a motor vehicle accident if driving while you are under the influence of alcohol or drugs, and this could lead to having serious negative consequences.
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Do not forget that when you or anyone you know is facing a criminal charge, you have us, the Law Office of Bryan Fagan, by your side. We will help you build the best defense case for you and we will work and be in your best interest for you and we will obtain the best possible outcome that can benefit you. Our experienced attorneys can explain everything you need to know about your trial and how to defend yourself with your case best, and we will help and guide you step by step through the criminal process of your case. Therefore, do not hesitate to call the Law Office of Bryan Fagan if you find yourself or someone you know that is facing criminal charges and is unsure about the court system. Remember, that we will work with you to give you the best type of defense that can help you solve your criminal case, and remember that it is vital to have an experienced attorney explain the result of the charge to you and guide you in the best possible way. Here at the Law Office of Bryan Fagan, we have professional and knowledgeable criminal law attorneys who are experienced in building a defense case for you that suits your needs for the best possible outcome that can benefit you. Also, here at the Law Office of Bryan Fagan, you are given a free consultation at your convenience. You may choose to have your appointment with one of our experienced criminal law attorneys via Zoom, via google meet, email, or come into our office and have an in-person appointment. Our experienced criminal law attorney will answer all your questions and concerns you might have about the charges being charged against you and will provide you with as much advice and information as possible so you can have the best possible result in your case that will benefit you.
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