What Is Brent Facing

[CowboyMcCoy]

From an attorney...

The law in Texas is that misdemeanor DUI's in other states do not count as prior offenses under Texas' law. Based on what I read, Brent's previous charge was a misdemeanor.

Brent will be viewed as a first time offender. And first time offenders can usually avoid jail time.



Freak out in 3...2...1...

Did the attorney tell you he is charged with intoxication manslaughter? In Texas, your first DUI/DWI is a class B misdemeanor, your 2nd is a class A misdemeanor. Class B punishable by up to 180 days in jail and or a fine and Class A is punishable by up to a year in jail.

However, not sure of the progressions they would have to take to prosecute him on manslaughter before the DUI.

 

[justbob]

I posted the current statute... Texas Penal Code Section 49.09.

Yea I know --just wondering if you remembered when they changed it. It was after 85 but not sure how long. Doesn't matter in the case. But have have caused the confusion with Hos's guy.

 

[justbob]

Did the attorney tell you he is charged with intoxication manslaughter? In Texas, your first DUI/DWI is a class B misdemeanor, your 2nd is a class A misdemeanor. Class B punishable by up to 180 days in jail and or a fine and Class A is punishable by up to a year in jail.

However, not sure of the progressions they would have to take to prosecute him on manslaughter before the DUI.[/QUOTE

The state would have required a blood alcohol test because of the death. The fact that he was driving drunk becomes an element if the homicide case,not a case to its self. The first DWI would become part of punishment to enhance the sentence.

 

[CowboyMcCoy]

And again, he says he expects 120 days.

Lawyers who speculate like this have one problem. They're lying. They don't have the crystal ball.

 

[CowboyMcCoy]

Pep, not fighting with you. But where in that does it say misdemeanor offenses in other states are taken into account?

Never mind, the F thing sort of say sit. I will pass that along.

You're right here. A good attorney can find a way around this, simply because the state will have two different statutes which make it difficult to apply, first and foremost.

 

[CowboyMcCoy]

I'm not saying it is a huge effect in all cases, and what you're talking about would likely be apparent to the prosecutor. I'm just saying that it's almost always a consideration.

The classic example is the DA who prosecutes an assault family violence where the battered spouse doesn't want them to prosecutor the person who beat them up. Those can still be prosecuted.

The DA typically does what the victim's family wants.

 

[big dog cowboy]

You can count on a lengthy ban from the league.

I agree with this. Goodell is probably chomping at the bit to lay down his version of the law on Brent.

 

[Plankton]

I posted the current statute... Texas Penal Code Section 49.09.

Is there a distinction between DUI and DWI when referencing the term Intoxicated in the statute? That could be the difference between the prior from Illinois being used against him.

 

[gambit187]

I think Browns family will play a big part in this.......he must be a man and accept what punishment comes along with this action though..

In MY PERFECT WORLD he would get a year of probation and be half his salary the rest of his life goes to Browns family

 

[peplaw06]

Yea I know --just wondering if you remembered when they changed it. It was after 85 but not sure how long. Doesn't matter in the case. But have have caused the confusion with Hos's guy.

Looks like around 2001. Hard to be sure, as I don't have my code in front of me at home.

 

[peplaw06]

Is there a distinction between DUI and DWI when referencing the term Intoxicated in the statute? That could be the difference between the prior from Illinois being used against him.

Some states use DUI, some use DWI. But the Texas statute doesn't specify one or the other, instead opting for the more generalized, "an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated." If it really were the case that out-of-state offenses didn't put an offender at risk for enhanced penalties, then it would just state DWI, or refer to section 49.04, because that is what Texas uses.

 

[Plankton]

Some states use DUI, some use DWI. But the Texas statute doesn't specify one or the other, instead opting for the more generalized, "an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated." If it really were the case that out-of-state offenses didn't put an offender at risk for enhanced penalties, then it would just state DWI, or refer to section 49.04, because that is what Texas uses.

Got it. Thanks for the clarification.

 

[The Realist]

He's not getting anywhere close to 5-10 years as someone mentioned.

He's not even going to get 2.5 years IMO.

120 days jail and 1 year ban would be my guess. 1 year ban not enough in my book.

 

[peplaw06]

You're right here. A good attorney can find a way around this, simply because the state will have two different statutes which make it difficult to apply, first and foremost.

I don't see how the statute is difficult to apply at all.

The DA typically does what the victim's family wants.

I wouldn't say that either. But then again, weren't you the one who thought the statute of limitations would be an issue in Dez's case after charges had been filed?

 

[dogberry]

If I were killed by a drunk driver, I would be really annoyed if the drunk only got 120 days for killing me.

 

[richzre]

I think with the right lawyer, the initial charge will be dropped and it will just be a straight DWI. There is not enough evidence to convince a jury of manslaughter. Jerry wouldn't invite him to stand on the sidelines and still be on the team if he wasn't advised of that fact by his own lawyers.

 

[Hostile]

Did the attorney tell you he is charged with intoxication manslaughter? In Texas, your first DUI/DWI is a class B misdemeanor, your 2nd is a class A misdemeanor. Class B punishable by up to 180 days in jail and or a fine and Class A is punishable by up to a year in jail.

However, not sure of the progressions they would have to take to prosecute him on manslaughter before the DUI.

The attorney in question gave me a link to a case he just tried that had a $10 million outcome and the defendant had priors in other states. He literally had evidence to support his claims and beliefs and he specifically said if Brent gets Royce West like Dez Bryant did that he will get this down because it is his first offense in Texas. He cited the compelling evidence of family not being a complaining victim. He cited evidence of past cases.

I can't tell anyone else what to do, but I am going to listen to him.

 

[justbob]

The attorney in question gave me a link to a case he just tried that had a $10 million outcome and the defendant had priors in other states. He literally had evidence to support his claims and beliefs and he specifically said if Brent gets Royce West like Dez Bryant did that he will get this down because it is his first offense in Texas. He cited the compelling evidence of family not being a complaining victim. He cited evidence of past cases.

I can't tell anyone else what to do, but I am going to listen to him.

The problem is the state statue on the offense is 2 to 20. All of it can be probation but the least he can get is 2 years. And the out of state conviction does not come into play on this case like it would if he was only convicted on a 2nd DWI. If he is convicted the first DWI can and will come in on sentencing. It has to. He is not being charged with DWI 2nd , but with the homicide.

 

[justbob]

I think with the right lawyer, the initial charge will be dropped and it will just be a straight DWI. There is not enough evidence to convince a jury of manslaughter. Jerry wouldn't invite him to stand on the sidelines and still be on the team if he wasn't advised of that fact by his own lawyers.

He will not be charged with DWI. He will be charged with the homicide.All the elements of the crime are there. No way this case is reduced to a straight DWI. MADD would run the DA out of office. If it is reduced it will some sort of a manslaughter charge.

 

[Hostile]

The problem is the state statue on the offense is 2 to 20. All of it can be probation but the least he can get is 2 years. And the out of state conviction does not come into play on this case like it would if he was only convicted on a 2nd DWI. If he is convicted the first DWI can and will come in on sentencing. It has to. He is not being charged with DWI 2nd , but with the homicide.

That's if Brent pleads not guilty but is found guilty though right? I doubt it ever sees a trial. I think they will plea bargain down.