How Prior Bad Acts Affect DWI Accident Cases

A DWI accident often leads to criminal charges, especially if another person is seriously injured or killed. And if a defendant finds a defendant guilty of intoxication assault or intoxication manslaughter, the prosecution may seek to introduce evidence of other “bad acts” committed by the defendant in pushing for the harshest sentence possible under Texas law.

Jury Sentences Defendant Who Caused Fatal Accident

Prior Illegal Gun Possession Conviction Has an Impact!

The Texas First District Court of Appeals here in Houston recently confronted such a case. In Amende v. State, the defendant had been drinking at a restaurant in Austin. He decided to drive himself home despite his intoxicated state. After driving his vehicle in excess of 100 miles per hour and running several red lights, the defendant eventually hit another driver, who died at the scene.

Defendant Pleaded Guilty but Opted for Jury Sentencing

The defendant pleaded guilty to intoxication manslaughter, as well as intoxication assault against his girlfriend, who was a passenger in his car at the time of the accident. Although the defendant admitted guilty, he still opted to have a jury trial to decide his sentence.

Criminal History of Defendant Reviewed

During the sentencing trial, the prosecution sought to introduce evidence related to the defendant’s prior criminal history. In 2006, some nine years before the accident, the defendant was convicted of felony cocaine possession, for which he served five years in prison.

After his release, the plaintiff started selling drugs again. In 2012, he “shot and killed another person” during a botched drug deal. However, a grand jury subsequently issued a “no-bill,” declining to indict the defendant on criminal charges arising from the shooting.

The trial judge did not allow prosecutors to mention the shooting or no-bill to the jury. But while cross-examining the defendant, who elected to testify, the prosecution was allowed to ask about the fact the defendant was in possession of a firearm during the 2012 shooting. This mattered because it is a third-degree felony in Texas for a convicted felon to be in possession of a firearm.

Jury Levies Hefty Sentence, Defendant Argues for New Trial

After hearing this and other testimony, the jury assessed the defendant’s sentence at 28 years on the intoxication manslaughter charge (and five years for the intoxication assault of the defendant’s girlfriend). On appeal, the defendant argued he was entitled to a new trial because the evidence of his prior gun possession should have been kept from the jury.

The First District disagreed and affirmed the sentences.

The appeals court explained that the evidence regarding the defendant’s gun possession “rebutted” his own testimony that he only “sold small amounts of marijuana after struggling to make a living” after his release from prison. By informing the jury of the defendant’s illegal gun possession, it allowed the prosecution to offer “a more accurate impression of the likely recurrence of criminal behavior and to help the jury determine what sentence [the defendant] should receive.”

Need Legal Counsel on a Similar Case?

Consult a Skilled Defense Lawyer Today

As you can see, a criminal charge arising from a DWI accident can end up putting other parts of your past on trial as well. This is why it is critical to work with an experienced Houston criminal defense attorney whenever you are facing an intoxication assault or intoxication manslaughter charge. Contact the Law Offices of Tad Nelson & Associates today if you have been involved in an accident and require legal advice or assistance.

Our Criminal Defense Experience is Geared Towards DWI Cases

Get To Know Attorney Tad Nelson

Attorney Tad A. Nelson

If you or a loved one were accused of drunk driving, and you’re looking to retain an experienced DWI lawyer in the Greater Houston area to represent you in Harris County, Galveston County, or surrounding counties, contact attorney Tad Nelson immediately.

Attorney Tad A. Nelson is a nationally known charismatic advocate of the people. As a respected attorney & legal mind, he has appeared on CNN and FOX on numerous occasions to share his opinions on the legal issues of the day.

Tad is so much more than just form; Tad’s career is built on substance. The pillars of that substance has been his thirst for knowledge and education which has led to respect gained from his colleagues, and earned from his clients.

There are numerous consequences associated with DWI convictions. You’ll need experienced professional help to beat the charge and/or to avoid the most serious criminal penalties that apply to DWI cases. Contact us or call 281-280-0100 for your case review.

Why Choose The Law Office of Tad Nelson & Associates?

A Reputation For Excellence

We are known by prosecutors as assertive DWI attorneys who fight for our clients to ensure their rights are protected and that they are treated fairly. Our aggressive approach to drunk driving & DUI cases has led to many favorable results from our clients, from dismissal of the charges to reduced charges and sentences.

A Cutting Edge Houston Attorney for DWI Cases

Houston DWI Attorney Tad A. Nelson has created a very unique 21st century law firm. Finally somebody has combined all the facets of a effect Driving While Intoxicated defense. In the past many firms would offer a keen understanding of law and order, but to complete his firm, Tad Nelson added a very important third piece; SCIENCE.

“A STRONG DWI Defense From 3 Fronts”

In DWI defense litigation, all 3 facets are equally important when it comes to defending clients charged with serious alcohol offenses. When a law firm only offers law and order they are accepting only two-thirds of their responsibility and neglecting that which is most crucial to your ultimate defense; The scientific nature of evidence as the burden of proof carried by the prosecution.

Led by firm founder & Houston DWI attorney Tad Nelson who has more than 27 years of criminal law experience, our team of dedicated DWI defense focused lawyers work hard to reach the best possible outcomes for our clients.

Although we have offices in Houston and Galveston, our main office is in League City which is where we meet most of our Clear Lake and southeast Houston clients.

Even if you think your case is impossible, we might be able to provide a reasonable solution for you. Sometimes, this can involve taking a case to trial where we’re able to articulate our arguments better and can present our case to a jury. As a former assistant district attorney in his first few years as a lawyer, Mr. Nelson provides our team with insights into how to effectively defend our clients against strategies used by prosecuting attorneys in Harris County, Galveston County, and in surrounding jurisdictions.

We May Be Able To Save Your Texas Drivers License!

Once you’re arrested for DWI in Houston the State of Texas will motion to administratively suspend your Texas Driver License in an ALR hearing. If you’re interested in fighting to secure your driving privileges please keep in mind that we’ll only have 15 days from the day of your arrest to request a hearing to fight for your license.

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We pride ourselves on being accessible, responsive and, above all else, honest. We will give you a straightforward assessment of your situation, and we’ll always keep you up to date on the progress of your case.

You’ll Need A Lawyer That Understands DWI Law, THE SCIENCE, & You!

Masters in Forensic Science

Tad’s hands-on experience in the lab earned Tad the designation of Lawyer-Scientist from the American Chemical Society. At the time, Tad was the 1st in Texas and 4th in the U.S. to receive this outstanding honor. Tad graduated with his Masters in Forensic Science in 2015.

Board Certified® in Criminal Law

Tad earned his Board Certification® in criminal law from the Texas Board of Legal Specialization (Learn More) in 1996 awarding him the distinction of being one of a small percentage of practicing DWI attorneys in Greater Houston who hold such credentials.

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Alcohol & You

Avoiding DWI Arrests

Learn about avoiding arrest for DWI in Houston, dealing with police during DWI sweeps, and your rights!

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Understanding The Legal Climate in Texas

Texas DWI Overview

DWI offenses in the state of Texas can fall under a number of different categories, for a number of different reasons, each of which, have their own delicate set of circumstances. In the Texas DWI Overview section of our website you’ll be able to review information related to serious DWI offenses involving loss of human life, womens’ issues, and more.

If you’re serious about fighting the state’s claim that you were operating a motor vehicle while allegedly intoxicated, few are better suited and best qualified to fight the charge than the Houston DWI attorneys of the Law Offices of Tad Nelson & Associates. Whether you were arrested in Clear Lake, Galveston, or League City, we have nearby offices and invite you to reach to us by calling 281-280-0100.

Frequently Asked Questions

• What are my legal options if I’m charged with DWI in Houston?

  If you’re arrested for drunk driving, we have at least 3 options for dealing with the charge within the confines of Texas law. We can attempt to get the case dismissed, work out a deal with the Harris County Dist. Atty’s Office, or we can fight the charge, head-on, in a full-blown trial.

• Is it possible to beat a Houston DWI charge in Harris County?

  Absolutely. The Law Offices of Tad Nelson & Associates wields a distinctive set of credentials, training, and is an asset to anyone facing criminal charges related to DWI in Houston. Although every case is different, we also have a solid record of winning in court for our clients.

• Can I avoid jail time if I’m convicted for drunk driving?In short, yes. In reality, there are a number of different factors involved in each and every case we’ve seen in our experience as Houston DWI attorneys. Probation is usually a possibility for most persons that are convicted of DWI in Houston. However, there are no guarantees.

• How much jail time can I get if I’m convicted of DWI?

  A determination on jail sentencing is the sole priority of the court within the guidelines of Texas criminal law. Depending on the frequency of DWI offenses incurred by the defendant, and the severity of additional factors, a jail sentence could be as short as a few days, to life.

• Can you help with truck driver DWI cases involving a CDL?

  As a matter of fact we can. The Law Offices of Tad Nelson & Associates is among the premier law firms in Texas for DWI defense. Both lawyers on our Houston DWI defense team are Certified ACS/CHAL Lawyer-Scientists, with Tad Nelson holding a Board Certification.

• Will I lose my Texas Drivers’ License if I’m charged with DWI?

  In Texas, if you’re arrested for DWI or DUI, the process of Administrative License Revocation is initiated for the purpose of automatically suspending your Texas Drivers’ License. Houston DWI lawyer Tad A. Nelson may be able to intervene, and prevent TDL suspension.

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• Who Can Take Samples of My Blood Following a Possible DWI Accident?
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  Driving with an open container of alcohol in your car is never a good idea. For one thing, it’s against the law. And if you are charged with drunk driving, the open container’s presence may lead to enhanced DWI penalties. But you also need to consider that once a police officer spots an open container
• Can I Lose My Job After a DWI Accident?
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• Breathalyzer Testing In Texas May Come Under Scrutiny
  A recent ruling in an out-of-state DWI case may have national implications, possibly affecting the way local authorities use breathalyzer testing in Texas. The judge’s ruling determined that breathalyzer machines weren’t accurate in gauging blood-alcohol content higher than 0.15 percent. In that jurisdiction, penalties are more severe for higher driver BAC levels. Consequently, breathalyzer evidence

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  PHONE: 713-802-1631

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  If you’re interested in meeting with us at our League City office location, the map, phone number and driving directions are below. Thank you from The Law Offices of Tad Nelson & Associates.

  The Law Office of Tad Nelson & Associates • 820 E Main St • League City, TX 77573
  PHONE: 281-280-0100