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Word Count: 10,656
of itself does not constitute reckless behavior However Woody retrieving out of his photographic memory cites the courts opinion and facts in Gill v State Similarly to your situation the defendant was intoxicated speeding and weaving in and out lane when without even attempting to stop she hit a stationary vehicle Coincidently the arresting officer also found several beer containers in the backseat of her car Consequently the court found her guilty of aggravated assault The court reasoned speeding is not necessarily reckless conduct Speeding while intoxicated however is reckless conduct Therefore since we have two eyewitnesses willing to testify to the manner in which you were driving and it is undisputed that you were drunk at the time of the accident it is almost certain that the jury will throw the book at you predicted the Sherifffuture prosecutor On this note Donalds body sank to the floor and his hope descended into despair Enter Donalds lawyer The Sheriff begins to tell her about all of the charges that he wishes to prosecute Donald with Furthermore he says that he plans to testify as to what Donald told him at the initial stop Donalds lawyer begins contending that the statements made will not be admissible in the Texas Court because the Fifth Amendment protects him from self-incrimination The two begin arguing and of course the sheriff is prepared to back his claims up with statutes and case law According to the Tex Rev Civ Stat Ann art 3822 5 Vernon 1979 Nothing in this article precludes the admission of a statement made by the accusedthat is the res gestae of the arrest or of the offense or of a statement that does not stem from custodial interrogation or of a voluntary statement whether or not the result of custodial interrogation For instance Counselor in McBride v State the defendant was pulled over for weaving back and forth between lanes and was
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