The Creator Of Bentley’s Law: Cecilia Williams
Cecilia Williams, a resident of Missouri, has passionately spearheaded the campaign for Bentley’s Law, named in honor of her grandson, Bentley. The emotional journey that inspired this law is profoundly personal for Cecilia. She lost her son, Cordell Williams, along with his fiancée, Lacey Newton, and their 4-month-old son, Cordell II, in a tragic accident caused by driving under the influence or DUI.
The Tragedy
On April 13, 2021, a person driving under the influence of alcohol caused a fiery crash involving Cecilia’s family members, including her son Cordell, daughter-in-law Lacy, and infant grandson. This devastating incident was the catalyst for Cecilia’s determination to bring about a change in the law.
The Objective of Bentley’s Law
The primary goal of Bentley’s Law is to impose financial responsibility on DUI offenders. Specifically, the law mandates that a drunk driver must legally pay child support to the surviving child or children if their actions cause an accident resulting in the death of a child’s parent or guardian. This financial responsibility aims to ensure that the affected children are provided for, especially in the absence of their primary caregivers.
Cecilia’s Advocacy
Following the tragic loss of her family members, Cecilia Williams worked diligently to pass Bentley’s Law. She pushed for the legislation not only in Texas but also in several other states, including Missouri and Tennessee. In Tennessee, Governor Bill Lee signed the bill into law on May 25.
Cecilia’s advocacy for Bentley’s Law testifies to her resilience and determination to hold DUI offenders accountable for their actions, not just legally but also financially. By pushing for this legislation, Cecilia aims to deter potential drunk drivers and ensure that affected families receive some form of financial support.
Cecilia Williams’ efforts highlight the impact that individuals can have in bringing about legislative change. Through her advocacy for Bentley’s Law, she has turned her personal tragedy into a powerful movement to protect and support other families affected by the reckless actions of drunk drivers.
In summary, Cecilia Williams played a pivotal role in creating and advocating for Bentley’s Law, turning her grief into a purposeful mission to ensure the law holds DUI offenders financially accountable for their actions.
Bentley’s Law In Texas
Bentley’s Law, officially known as Texas House Bill 393, is a significant piece of legislation in Texas that addresses the consequences faced by drunken drivers, especially when their actions result in the tragic loss of a child’s parent or guardian. The law mandates that these drivers are financially responsible for supporting the affected child or children.
The tragic impetus behind Bentley’s Law is deeply personal. The legislation is named after Bentley, Cecilia Williams’ grandson. In a heart-wrenching incident on April 13, 2021, a DUI-related accident tragically killed Cecilia’s son, Cordell Williams, his fiancée, Lacey Newton, and their 4-month-old son, Cordell II. This devastating event spurred Cecilia Williams to advocate for a change in the law, ensuring that the law holds those responsible for such tragedies accountable in more ways than just criminal charges.
Liability for Child Support
The primary provision of Bentley’s Law states that if a drunken driver causes an accident resulting in the death of a child’s parent or guardian, they must legally pay child support to the surviving child or children.
Duration of Support
The law mandates that the liable party must provide child support until the child reaches the age of 18 or completes high school, whichever is later. This provision ensures that the child’s basic needs are met during their formative years, even in the absence of their primary caregiver.
Determining the Amount
The court plays a pivotal role in determining the monthly child support amount. The amount is not arbitrary; several factors determine it, including the child’s educational needs, the child’s medical requirements, reasonable childcare costs, and the standard of living the child was accustomed to before the tragic event.
Provisions for Incarcerated Individuals
Bentley’s Law is comprehensive and considers the situation where the offender might be incarcerated. Recognizing that those incarcerated might not have the means to make immediate payments, the law provides a provision for them. They can start payments within a year of their release and can also opt for a payment plan to manage any arrearage that accumulates during their time in prison. However, all arrearages must be paid in full, irrespective of the original payment schedule.
Significance and Impact of Bentley’s Law
The law emphasizes the financial responsibility that comes with the irreversible harm caused by drunken driving. While no amount of money can truly compensate for the loss of a loved one, ensuring the financial well-being of the affected child is a step in the right direction.
By imposing a financial obligation, Bentley’s Law also acts as a deterrent. The potential financial implications might make potential offenders think twice before getting behind the wheel under the influence.
For families affected by such tragedies, Bentley’s Law offers a semblance of justice. It ensures that the offender is held accountable not just criminally but also financially.
Bentley’s Law, or Texas House Bill 393, stands as a testament to Texas’s commitment to holding individuals accountable for their actions, especially when they result in the loss of life. By ensuring that affected children receive financial support, the state recognizes the long-term impact of such tragedies and takes a step towards easing the burden on these young lives. The law serves as a poignant reminder of the profound consequences of drunken driving and underscores the importance of responsible behavior on the road.
Other Consequences For Driving While Intoxicated (DWI).
First Offense
Fine: Up to a $2,000 fine.
Jail Time: Up to 180 days in jail upon conviction with a mandatory three days.
License Suspension: Loss of driver’s license for up to a year.
Second Offense
Fine: Up to a $4,000 fine.
Jail Time: Jail time ranging from one month to a year upon conviction.
License Suspension: Loss of driver’s license for up to two years.
Third Offense:
Fine: A fine of up to $10,000.
Prison Time: A prison sentence ranging from two to ten years.
In addition to the above fines, the state assesses fines upon sentencing, which are $3,000 for the first offense, $4,500 for the second offense, and $6,000 for the third offense.
Impaired Driving with a Child Passenger
If you are caught driving impaired with children under the age of 15 in the vehicle, you will face additional penalties such as an additional fine of up to $10,000. And with the possibility of incarnation for up to two years. You may also lose your driver’s license for an additional 180 days.
Driving with an Open Container
Even if you’re not impaired, carrying an open container of alcohol in your vehicle is illegal in Texas. There are specific Texas open container laws that detail the penalties for this offense.
It’s important to note that these penalties are in place to deter individuals from driving under the influence and to ensure the safety of all road users. The state of Texas has zero tolerance for impaired driving, especially when it puts the lives of others at risk.
Can You Also Be Charged With Vehicular Manslaughter
In Texas, if you drive under the influence of alcohol or drugs and kill someone, authorities can charge you with intoxicated vehicular manslaughter.
Intoxication Manslaughter
This is a specific charge in Texas that applies when a person operates a vehicle while intoxicated and causes the death of another individual. Intoxication manslaughter is considered a second-degree felony in Texas. Convicted individuals generally face up to two to 20 years in prison. Including a fine of up to $10,000 and there may be additional penalties may apply based on the circumstances of the incident such as the new Bentley’s Law.
Criminally Negligent Homicide
This charge applies when a person’s negligence causes another’s death. For example, authorities might charge a driver with criminally negligent homicide if their extreme carelessness or disregard for safety leads to a fatal accident.
It’s important to note that the exact charges and penalties can vary based on the specifics of the incident, the evidence presented, and other factors. The legal system in Texas takes vehicular manslaughter and related charges very seriously, especially when alcohol or drugs are involved. The state aims to hold individuals accountable for their actions and deter others from engaging in similar reckless behavior.
Social Consequences That Can Come From Bentley’s Law
The introduction and enforcement of Bentley’s Law can raise awareness about the severe consequences of drunk driving. It can serve as a focal point for educational campaigns, emphasizing the long-term impact of driving under the influence.
Potential Legal Challenges
As with any new law, there might be legal challenges or disputes regarding its implementation. Issues related to the determination of child support amounts, the offender’s ability to pay, and other related matters might arise.
Rehabilitation and Reintegration
Offenders might face challenges in reintegrating into society, especially if they are burdened with child support payments. This could lead to an increased emphasis on rehabilitation programs for drunk drivers, ensuring they can become productive members of society and fulfill their financial obligations.
Shift in Public Perception
Bentley’s Law might lead to a shift in public perception regarding the seriousness of drunk driving. The law underscores the idea that the consequences of driving under the influence extend beyond the immediate aftermath of an accident.
In summary, Bentley’s Law is poised to significantly influence drunk driving in Texas. By holding offenders financially accountable and prioritizing the welfare of impacted children, the law seeks to deter future violations and highlight the lasting repercussions of driving while intoxicated. While the full effects of this legislation will unfold over time, it represents an important move toward enhancing justice and accountability in the state.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
