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Varghese Summersett

Dallas Injury to a Child Lawyer, Serving Dallas and Surrounding Areas

In Texas, injury to a child is a felony charge that can stem from minor bruises, broken bones, or even death. If you or a loved one has been accused of harming a child, it’s imperative to contact an experienced Dallas injury to a child lawyer immediately.

These charges are severe and can result in prison time, steep fines, loss of child custody, and media attention. Often, these allegations surface from accidents, mistakes, misunderstandings, or reasonable discipline. Regardless of what got you in this situation, you are going to need a strong defense—and you need it now.

Our team has vast experience handling child abuse allegations—first as highly trained prosecutors and now as leading defense lawyers. In this article, our criminal defense lawyers will explain the offense, potential punishments, and possible defenses.

Injury to a Child Lawyer

What is considered injury to a child in Dallas?

Under Section 22.04 of the Texas Penal Code, a person commits injury to a child if he or she intentionally, knowingly, recklessly, or with criminal negligence or by omission, causes to a child age 14 or under:

  • serious bodily injury;
  • serious mental deficiency, impairment or injury; or
  • bodily injury

As you can see, this is a very broad definition that encompasses a wide range of actions. For example, a person could be charged with injury to a child for breaking a broom handle and using it to repeatedly beat a toddler for not using the toilet. In this example, the act was intentional and caused bodily injury or even serious bodily injury, depending on the severity of the injury.

Let’s take the same scenario and apply it to the mother, who is a victim of domestic violence herself and watched the beating, but was too scared to intervene or seek medical care for the injured baby. In this scenario, she, too, could be arrested and charged with injury to a child by omission, but has a valid defense.

The examples above illustrate two rather extreme examples of injury to a child charges. Oftentimes, the line between a crime and reasonable discipline or an accident is not so clear.

If you or a loved one has been charged with injury to a child, it’s best to contact an experienced Dallas injury to a child lawyer to find out exactly what the allegations are and how law enforcement is charging the case. From there, you can begin to build a defense strategy.

What is the punishment for injury to a child in Dallas?

Injury to a child is a felony offense; however, the degree of injury depends upon the severity of the injury and the mental state of the defendant. Our Dallas injury to a child lawyer breaks down the potential punishments in the table below.

LEVEL OF INJURY MENTAL STATE LEVEL OF OFFENSE
Bodily Injury Negligently State Jail Felony
Bodily Injury Recklessly State Jail Felony
Bodily injury Intentionally or Knowingly Third Degree Felony
Serious Bodily Injury Negligently State Jail Felony
Serious Bodily Injury Recklessly Second Degree Felony
Serious Bodily Injury Intentionally or Knowingly First Degree Felony

Punishment Ranges

First Degree Felony: 5 to 99 years or life in prison and a maximum $10,000 fine.

Second Degree Felony: 2 to 20 years in prison and a maximum $10,000 fine.

Third Degree Felony: 2 to 10 years in prison and a maximum $10,000 fine.

State Jail Felony: 6 months to 2 years in a state jail facility and a maximum $10,000 fine.

What’s the difference between bodily injury and serious bodily injury?

Bodily injury is defined as physical pain, illness, or any impairment of physical condition. It means that the child felt pain – that “it hurt.” It could be pain without bruising or it could be visible injuries like black eyes and whip marks.

Serious bodily injury is a more severe level of injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. A child that sustains broken bones or a skull fracture, for example, would fall under the serious bodily injury category.

What defenses could a Dallas injury to a child lawyer use?

As with any criminal charge, the prosecutor has the burden to prove every element of the offense beyond a reasonable doubt. This is a high standard and one that is often difficult to meet. A skilled Dallas injury to a child lawyer will use this to his or her advantage in crafting a strong defense.

Depending on the facts of your case, some defenses that might be available are:

  • False accusation
  • Accident or mistake
  • Reasonable discipline
  • Insufficient evidence
  • Victim of violence herself (for example, if mom is charged with omission)
  • Affirmative defenses, including injuries occured as a result of administering medical care or through a religious method of healing.

When it comes to defending a Dallas injury to a child allegation, every case is different. There is no one-size-fits-all defense. To learn more about what defenses might be available in your case, contact an experienced Dallas injury to a child lawyer today for a free consultation.

Call for a free consultation with a Dallas injury to a child lawyer

Dallas Criminal Defense Team

If you or a loved one has been accused of child abuse, you are probably feeling overwhelmed and frightened about the future.  The first step is finding the right lawyer. You need someone with decades of experience handling these types of cases, as well as an excellent understanding of the law and investigative techniques.

Our team is made up of skilled and seasoned trial lawyers who have handled dozens of high-profile injury to child cases. You will be hard-pressed to find another North Texas firm with this much experience. We will investigate every aspect of your case and build the strongest, most effective defense possible. Contact us today at 214-903-4000 to schedule a free consultation with a Dallas injury to a child lawyer.

Varghese Summersett

Intoxication Crimes Lawyer in Dallas

Thousands of people are charged each year in Dallas County with an “intoxication crime.” An intoxication crime refers to an offense that stems from being under the influence of alcohol, drugs, or both. They range from a Class C public intoxication ticket all the way up to second-degree intoxication manslaughter, which is the most severe intoxication crime in Texas. In this article, our Dallas criminal defense lawyer explains intoxication charges in Texas.

Intoxication charges can carry lasting implications. Depending on the offense, they can jeopardize your freedom and your future. At a minimum, they could affect your ability to drive to work or school. That’s why it’s incredibly important to retain an experienced Dallas intoxication crimes lawyer immediately if you have been arrested for an intoxicated-related offense. The sooner you get in front of the case, the better off you will be. These cases can be complex and strict deadlines often must be adhered to, especially if your driving privileges are in jeopardy or if you are seeking admission into a DWI education or diversion program.

In this article, we will cover Texas’ intoxication crimes and punishments and how our team defends intoxication charges. Don’t miss the informational videos by Benson Varghese, a Board-Certified Criminal Law Specialist and skilled Dallas intoxication crimes lawyer.

Nine Texas Intoxication Offenses

Chapter 49 of the Texas Penal Code lists nine intoxication and alcoholic beverage charges. Most of the offenses, such as Public Intoxication and DWI, are very common and chances are you probably know someone who has been arrested for one of these offenses. A few of the other charges are less common, such as BWI and FYI.

public intoxication in Texas

Public Intoxication

Offense: A person commits public intoxication if he or she is so intoxicated in public that they pose a danger to themselves or others.
Punishment: Class C Misdemeanor, punishable by up to a $500 fine.

Possession of Alcoholic Beverage in a Motor Vehicle (Open Container)

Offense: A person commits an open container violation if they possess an open container of alcohol in a vehicle on a public highway, regardless of whether the vehicle is being driven, stopped or parked.
Punishment: Possession of an alcoholic beverage in a vehicle is a Class C misdemeanor, punishable by up to a $500 fine.

driving while intoxicated

Driving While Intoxicated

Offense: A person commits Driving While Intoxicated (DWI) if he or she is intoxicated while operating a motor vehicle in a public place. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Punishment: A first-time DWI conviction is a Class B misdemeanor punishable by up to six months in the county jail and a maximum $2000 fine. However, the punishment can go up if the driver’s BAC is over. 15 or if he or she has previous DWI convictions.

Driving While Intoxicated with a Child Passenger

Offense: A person commits DWI with a child passenger if he or she is intoxicated while operating a motor vehicle that is occupied by a passenger who is under age 15.
Punishment: DWI with a child passenger is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.

Flying While Intoxicated

Flying While Intoxicated

Offense: A person commits Flying While Intoxicated (FWI) if he or she operates an aircraft while intoxicated. The Federal Aviation Administration prohibits pilots from operating an aircraft within eight hours of having consumed alcohol and they must not have a blood alcohol content of .04 or greater.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.

boating while intoxicated

Boating While Intoxicated

Offense: A person commits Boating While Intoxicated (BWI) if he or she is intoxicated while operating a watercraft. Under the law, a driver is considered intoxicated if he or she does not have normal use of their mental or physical faculties due to alcohol, drugs or a combination of both or if the driver has a blood alcohol concentration of at least .08.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail with a minimum requirement of 72 hours in jail. A maximum $2000 fine may be imposed.

Assembling or Operating an Amusement Park Ride While Intoxicated

Offense: A person commits this offense if he or she assembles or operates an amusement ride while intoxicated.
Punishment: Class B Misdemeanor punishable by up to 180 days in jail and a maximum $2000 fine.

Intoxication Assault

Offense: A person commits intoxication assault when he or she drives intoxicated and causes serious bodily injury to another person, usually as a result of a traffic wreck.
Punishment: Third-degree felony, punishable to 2 to 10 years in prison and a maximum $10,000 fine.

Intoxication Manslaughter

Offense: An intoxicated driver commits this offense when he or she causes the death of another person while operating a vehicle, aircraft, watercraft or amusement ride.

Punishment: Second-degree felony punishable to 2 to 20 years in prison and a maximum $10,000 fine.

DON’T MISS: 12 Ways to Beat a DWI

https://youtu.be/_Y3dbpPGgzI

What are the Collateral Consequences of Intoxication Crimes?

Obviously, jail and fines are possible punishments for intoxication crimes, but the collateral consequences extend far beyond that. Drivers arrested for an intoxication offense may have their driver’s license suspended, be required to have an interlock on their vehicle, take regular drug and alcohol tests, and complete DWI or alcohol education classes. Not to mention, if the case results in a conviction it could include the loss of employment or professional licenses or become an obstacle in obtaining a loan or housing. That’s why it is so important to have an adept Dallas intoxication crimes lawyer in your corner every step of the way. Our team will work to secure the most favorable outcome possible and minimize the negative impact to your life and livelihood.

Talk to an Experienced Dallas Intoxication Crimes Lawyer Today

At Varghese Summersett, we have achieved outstanding results for clients charged with intoxication crimes, including intoxication assault and intoxication manslaughter. Our results come through experience, hard work, and perseverance. We will thoroughly investigate your case, as well as your criminal history, background, and any mitigating factors in your life. We will take this information and build the most comprehensive, aggressive defense strategy possible. Call 214-903-4000 today to speak to a Dallas intoxication crimes lawyer and find out why we are the best at what we do. We welcome tough cases.

You can also check out our Fort Worth DWI lawyers.

How to Pick the BEST Dallas Intoxication Crimes Lawyer

https://youtu.be/fgzi9nqSDFQ
Varghese Summersett

The Importance of Finding the Right Car Accident Attorney

Car wrecks can be life-altering events, leading to severe physical injuries, emotional trauma, and financial strain. If you or a loved one has been involved in a car accident, you are likely entitled to compensation for medical expenses, lost wages, and other damages. However, navigating the complex legal system can be daunting, which is why hiring a skilled Fort Worth car accident lawyer is crucial. Finding the right attorney, as opposed to any attorney, can make the difference of thousands, if not tens of thousands of dollars – or more. Varghese Summersett has been named the Best Law Firm in Fort Worth by Readers of the Star-Telegram (2018), in the top 10% of Inc 5000’s list of fastest growing businesses, and a Best Company to Work For by Fort Worth Inc, among numerous other awards, yet the firm is proudest of the 590+ 5-star reviews clients have left on Google. Our car accident attorney wrote this page to help you navigate these unfamiliar waters.

Car Wrecks are too Common in Texas

According to the Texas Department of Transportation’s 2021 Crash Statistics report, January saw a total of 30,858 traffic crashes statewide, resulting in 205 fatalities and 1,428 serious injuries. Tragically, this equates to an average of one person killed every 3 hours and 30 minutes, and one person injured every 2 minutes and 10 seconds.

The high number of car accidents in Texas

What does a Car Accident Lawyer Do?

Car accident lawyers specialize in personal injury law, specifically representing clients who have been injured in automobile accidents. These legal professionals understand the nuances of Texas law and work diligently to ensure their clients receive fair compensation for their injuries.

Car accidents can be life-altering events, leaving victims with physical, emotional, and financial burdens. Navigating the complex aftermath of a car accident can be overwhelming, particularly when trying to secure compensation for damages. Hiring a skilled car accident lawyer can make a significant difference in the outcome of your case, ensuring that you receive the justice and compensation you deserve. In this article, we’ll explore the key ways our car accident lawyer can help, from investigating the accident to representing you in court.

Investigating the Accident and Gathering Evidence

The first step our car accident lawyer takes is to conduct a thorough investigation of the accident. This includes gathering crucial evidence such as police reports, witness statements, photographs of the scene, and any available video footage. Additionally, we may collaborate with experts such as accident reconstructionists or medical professionals to better understand the cause of the crash and the extent of the injuries sustained. This comprehensive investigation builds a strong foundation for your case and helps us identify any potential weaknesses or challenges.

Determining Liability and Identifying Responsible Parties

One of the most crucial aspects of a car accident claim is determining who is responsible for the accident. Our car accident lawyer has the expertise to analyze the evidence and identify all potentially liable parties. In some cases, more than one party may share responsibility, such as the other driver, a vehicle manufacturer, or a government entity responsible for road maintenance. By accurately determining liability, we can build a compelling case that holds the appropriate parties accountable for your injuries and losses.

Evaluating Damages and Calculating Compensation

A critical component of any car accident claim is calculating the compensation you deserve for your injuries and losses. Our car accident lawyer can help you identify all the damages you have incurred, including medical expenses, lost wages, pain and suffering, and property damage. We will work closely with medical professionals and financial experts to ensure that your claim accurately reflects the full extent of your losses, both current and future. This comprehensive evaluation of damages is essential to securing fair compensation.

Negotiating with Insurance Companies

Insurance companies are notorious for offering lowball settlements and employing tactics to minimize payouts. Our skilled car accident lawyer can effectively negotiate with insurance adjusters on your behalf, using the evidence and expert opinions gathered during their investigation to counter any attempts to devalue your claim. With our extensive knowledge of personal injury law and experience dealing with insurance companies, a car accident lawyer can help you obtain a fair settlement without the risk of accepting an inadequate offer.

Filing a Lawsuit and Representing Clients in Court

If negotiations with the insurance company do not result in a satisfactory settlement, our car accident lawyer can file a lawsuit and represent you in court. We will use their litigation experience to present a compelling case to the judge or jury, drawing on the evidence gathered and expert opinions to demonstrate the extent of your damages and the responsibility of the at-fault parties. By having our car accident lawyer by your side, you can be confident that your best interests are being represented and that you have the best chance of receiving the compensation you deserve.

Evaluating a Car Wreck Lawyer’s Expertise

When searching for the best car wreck lawyer in Fort Worth, it’s essential to evaluate their expertise and track record. Here are some factors to consider:

Experience: Look for a lawyer with a wealth of experience handling car wreck cases. An experienced attorney will have a deep understanding of the relevant laws and procedures and established relationships within the legal community.

Trial Work: Not all cases settle out of court. Sometimes, it may be necessary to go to trial to achieve the best possible outcome. Varghese Summersett boasts attorneys with unparalleled trial experience, having collectively tried hundreds of jury trials in Texas. This level of expertise ensures that you are well-represented in any courtroom.

Success Rate: A high success rate is a good indicator of an attorney’s ability to represent clients in car wreck cases effectively. This information may be available on the law firm’s website or through client reviews and testimonials.

Client Testimonials: Client reviews and testimonials can provide valuable insight into the lawyer’s level of service, communication, and overall satisfaction. Look for testimonials that speak to the attorney’s commitment to achieving the best outcome for their clients.

Types of Car Accidents We Handle

We work on a variety of car accident cases, ranging from accidents involving minor injuries to catastrophic losses. These include:

  • Rear-End Collisions: These accidents occur when one vehicle crashes into the back of another, often resulting from tailgating, distracted driving, or sudden braking. Injuries can range from minor whiplash to severe spinal damage.
  • Head-On Collisions: These accidents involve two vehicles colliding head-on, often due to one vehicle crossing the centerline or driving the wrong way on a road. Head-on collisions can result in serious injuries or fatalities due to the high-impact forces involved.
  • T-Bone Accidents: Also known as side-impact or broadside collisions, T-bone accidents occur when one vehicle crashes into the side of another. These collisions often happen at intersections and can cause significant injuries to vehicle occupants, particularly those on the side of the impact.
  • Sideswipe Accidents: Sideswipe accidents occur when two vehicles traveling in the same or opposite directions make side-to-side contact. These collisions can result from lane changes, merging errors, or drifting out of the lane. While sideswipe accidents can sometimes result in minor injuries, they may also lead to more severe accidents if one or both vehicles lose control.
  • Rollover Accidents: Rollover accidents involve a vehicle flipping onto its side or roof, often due to high-speed turns, collisions with other vehicles, or striking a fixed object. These accidents can be particularly dangerous, as they often result in severe injuries or fatalities.
  • Multi-Vehicle Accidents: Also known as pile-ups or chain-reaction crashes, multi-vehicle accidents involve multiple vehicles colliding in a sequence of events. These accidents can be complex, with numerous parties potentially sharing responsibility for the accident and injuries sustained.
  • Hit-and-Run Accidents: Hit-and-run accidents occur when a driver causes a collision and then leaves the scene without providing contact or insurance information. A car wreck lawyer can help you navigate the process of seeking compensation from your own insurance company or identifying the at-fault driver.
  • Drunk Driving Accidents: Accidents caused by drivers under the influence of alcohol or drugs can lead to severe consequences for both the at-fault driver and the victims. A car wreck lawyer can help victims of drunk driving accidents pursue compensation for their injuries and hold the responsible party accountable.
  • Distracted Driving Accidents: Distracted driving, such as texting, eating, or engaging in other activities while driving, can result in serious accidents. A car wreck lawyer can help victims of distracted driving accidents recover compensation for their injuries and damages.
  • Commercial Vehicle Accidents: Accidents involving commercial vehicles, such as trucks, buses, or delivery vans, can be more complex due to the potential involvement of multiple parties, including the driver, the vehicle owner, and the company employing the driver. A car wreck lawyer with experience in commercial vehicle accidents can effectively represent clients in these cases.

The Benefits of Choosing Varghese Summersett

There are several reasons why Varghese Summersett stands out as the best choice for your car wreck case in Fort Worth:

Contingency Fee Basis

Varghese Summersett operates on a contingency fee basis, meaning there are no upfront costs for clients. You won’t pay for a consultation or any legal fees until the firm wins your case. This fee structure ensures that your interests are aligned with your attorney’s, as they only get paid if they secure compensation for you.

Unparalleled Trial Experience

As mentioned earlier, the attorneys at Varghese Summersett have collectively tried hundreds of jury trials in Texas. This level of trial experience is unmatched in the industry and provides a distinct advantage in representing your case.

Client-Centric Approach

Varghese Summersett prides itself on providing personalized service and attentive communication. The firm will keep you informed throughout the process and work tirelessly to achieve the best possible outcome for your case.

Reputation

With nearly 600 five-star reviews, Varghese Summersett has built a solid reputation throughout north Texas. The firm has been recognized for its commitment to excellence and has consistently received positive reviews from clients and peers alike. This reputation speaks to the firm’s ability to provide effective legal representation for those in need.

Taking the Next Step: Hiring Varghese Summersett

If you or a loved one has been injured in a car wreck, it’s essential to act quickly to protect your legal rights and secure the compensation you deserve. Our team of skilled and experienced attorneys is ready to help you navigate the complexities of the legal system and pursue the best possible outcome for your case.

Call us today at (817) 207-4878 or contact them online to schedule a free consultation.

By choosing Varghese Summersett, you can have confidence that your case will be handled by a team of dedicated legal professionals who are committed to achieving the best possible results for our clients.

Varghese Summersett

On February 16, 2024, Elena Rios, a mother of four and grandmother of 13, was tragically killed in a forklift accident at a north Fort Worth Walmart distribution center. Elena was a 10-year employee for Walmart, certified to operate forklifts and other heavy machinery.Elana Rios

The family first learned about the accident on the news and was given conflicting information about what occurred. They retained the law firm of Varghese Summersett to investigate the accident and hold any person or corporation accountable whose actions or inactions could have prevented the untimely death of the matriarch of their family.

Elena was a devoted mother, grandmother, sister, and friend. On the day of the accident, she was planning to attend her 18-year-old granddaughter’s college softball game after she finished her shift at Walmart. Sadly, she never got that chance.

To date, the family still doesn’t know exactly what caused Elena’s death, as the autopsy hasn’t been released. The family has more questions than answers.

If you or someone you know has a tip or lead regarding this case, please email  answersforelena@versusinjury.com or call 817-207-4878. You may remain anonymous.

Elana Rios with her grandkids
Elena Rios with her grandkids
Varghese Summersett

If a detective has reached out, you are on the right page. Most people have never had to think about “What should I do if a Detective Calls?” and, as a result, are unprepared for that moment. The reality is that police officers and detectives know this, and are trained to prey upon that lack of planning, understanding, and human nature that makes us want to have the conversation. If you get no further than this introduction, know this: you should not talk to a detective on your own under any circumstances, whether innocent or guilty or being told you are just a witness, without talking to an attorney first. The only exception is if you are the victim of a crime.

Key Takeaways

  • Verify the detective’s identity by asking for the detective’s name, badge number, and phone number. This is an easy way to end the call and give yourself time to call a criminal defense lawyer. 

  • Understand that detectives use a range of tactics to gather information so it is important to know your rights during interactions with them, notably that Miranda rights only apply in custodial interrogations. This means detectives can and will have conversations with you without Mirandizing you.

  • Securing a criminal defense attorney can guard your rights, provide strategic legal advice, and facilitate communication with law enforcement when that is appropriate.

Immediate Steps When You Receive a Detective’s Call

Detective making a phone call

Feeling unnerved when a detective calls is natural. The rule of thumb in such instances is to:

  • Not give any statements whatsoever. Instead, ask for the detective’s name, badge number, and phone number and say you’ll be in touch. Then call a defense lawyer.

  • Assume that the call is being recorded and could potentially be used in a legal context later.

  • Promptly reaching out to an attorney can be invaluable in protecting your rights throughout the conversation.

Verify the Caller’s Identity

In an era where scams and impersonations are increasingly common, it’s vital to verify the identity of the caller claiming to be a detective. Not everyone who claims to be a detective truly is one. Impostors can pretend to be detectives to intimidate individuals into revealing sensitive information or executing a scam.

Law enforcement officials, including detectives, have specific protocols for contacting individuals. Verifying their identity ensures that you’re dealing with an authorized officer. If you receive a call from someone claiming to be a detective and they start questioning you without any context, follow these steps to verify their identity:

  1. Get their name and badge number.

  2. Ask for a return number to call them back.

  3. Contact a defense lawyer who can advise you on whether you should talk to the detective and verify the identity of the caller.

Assess the Nature of the Call

 Typically, a detective might call you if they perceive you as a potential witness, a victim, or a suspect in a criminal case. If you are a victim, go ahead and talk to the detective. Under other circumstances, call a lawyer. The same is true if a detective leaves a card on your door or at your place of work requesting a call or a time to meet.

Protect Your Right to Silence

Communicating with detectives without legal representation is often a profound mistake. Remember, officers are allowed to lie to you during the course of an investigation, so you are going in blind and cannot rely on what they tell you.

When a detective asks questions in person beyond basic identification, you should assert your right to have an attorney present and refuse further discussion without one, especially if the detective pressures you for information. Consulting with a criminal defense attorney protects you during interactions with law enforcement, acts as a barrier against self-incrimination, and ensures your rights and best interests are observed.

Deciphering the Detective’s Intentions

When we reach out as defense lawyers, we are, in part, trying to gauge the detective’s intentions. Some common reasons for a detective to reach out to an individual include:

  • To gather information about a case;

  • To request an interview or statement; or

  • To ask for assistance or cooperation.

It is important to remember that if a detective contacts you, it is advisable to consult with an attorney immediately and establish attorney contact before providing any information or agreeing to an interview.

These calls can have multifaceted purposes, including:

  • Gathering information

  • Locating a person of interest

  • Requesting an interview

  • Verifying facts

  • Ruling someone out as a suspect

Being contacted by a detective does not automatically imply suspicion of a crime; it could indicate that the individual possesses information valuable to an investigation. Understanding detectives’ diverse reasons for making contact underscores the importance of caution during such interactions.

Understanding Detective Tactics

As trained professionals, detectives employ a range of strategies to collect information. They can legally lie during questioning, which can mislead individuals and cause unintended suspicions even when they provide honest answers. Detectives might also employ psychological pressure and misdirection, such as pretending to empathize or falsely presenting evidence, to pressure an individual into admitting guilt.

Some investigators use specialized interrogation techniques like the Reid method, aiming to achieve a confession by presenting contrived evidence or developing a theme around the individual’s potential motives. They may also make false assurances, such as claiming a person is not a suspect, to lower defenses and encourage open dialogue that could lead to incriminating admissions.

Detectives might even use pretextual phone calls by an individual’s spouse or someone close to them to secretly record conversations and gather evidence without the suspect realizing it. It is crucial to maintain your right to silence and consult with an attorney before speaking to detectives.

The Role of Probative Questions

Probative questions aim to collect detailed information that can confirm facts in a case, often helping to establish probable cause. These inquiries are significant as they largely contribute to resolving legal disputes in court or establishing a case point.

Answering probative questions without legal counsel can place an individual at risk by inadvertently placing themselves at a crime scene, thereby becoming part of the evidence against them. By refusing to engage in dialogue without an attorney, individuals prevent providing unintentional probative information that could be detrimental to their case.

Miranda Does Not Apply to Non-Custodial Interviews

Note that police officers are obliged to inform individuals of their Miranda rights only if they are under arrest and before interrogation, particularly when the person is deemed a suspect. Before any formal arrest, individuals have the right to decline to speak with the police and to explicitly request an attorney.

Handling Requests to Visit the Police Station

At times, detectives might invite you to the police station for questioning. An invitation is not a subpoena or a court order. An invitation is something you have no obligation to say “yes” to. Complying with a police request for an interview at the station can imply a connection to a crime and may inadvertently lead to self-incrimination.

Instead, you may inform the detective that you are willing to talk to a detective and discuss the matter, but only with your lawyer present, and advise that your lawyer will contact them to set up a meeting.

Securing Legal Representation

Engaging an experienced criminal defense lawyer becomes imperative when a detective contacts you.

An attorney provides several important services:

  • Communicates with the detective to ascertain the investigation’s nature and understand the allegations made;

  • Provides an honest assessment of the situation;

  • Offers a robust defense for your rights from the onset;

  • Advises you on whether you should cooperate or not; and

  • Devises an informed strategic response.

Why You Need a Criminal Defense Lawyer

Hiring a criminal defense attorney can offer several strategic advantages and ensure that individuals have a trusted advisor throughout their case. Some of the benefits of hiring a criminal defense attorney include:

  • Ensuring your rights are protected;

  • Helping you understand how and when to assert your right to remain silent;

  • Mitigating circumstances before any charges are formally brought;

  • Arranging for a self-surrender when necessary as opposed to being hunted down and arrested publicly and in an unnecessarily embarrassing manner.

Criminal Defense Lawyers at Varghese Summersett

How to Find the Right Attorney

Selecting the appropriate attorney demands thoughtful consideration. Examining an attorney’s history of defending specific crimes similar to yours is important to ensure they possess the necessary expertise for your case and to identify ways to alleviate legal risk. Inquire about an attorney’s experience with cases similar to yours, their billing structure, and overall experience.

Utilize resources like Super Lawyers and local bar associations to find and vet potential criminal defense attorneys. Choose a local attorney who has the following:

  • experience working within the jurisdiction of your case, including familiarity with the prosecutors and judges

  • a track record of success in similar cases

  • good communication skills and the ability to explain complex legal concepts in a way that you can understand

  • a reputation for being trustworthy and reliable

Trust your instincts when selecting an attorney. Personal comfort and a feeling of trustworthiness with your attorney are key to a good defense partnership.

Summary

By understanding your rights, verifying the caller’s identity, assessing the nature of the call, and securing legal representation, you can navigate the process confidently and protect your interests. Remember, it’s crucial to remain calm, be mindful of your words, and consult a criminal defense lawyer before responding to probative questions. Your proactive actions can significantly impact the outcome of any ensuing legal proceedings.

Frequently Asked Questions

What should I do if a detective calls me?

If a detective calls you, remain calm, verify their identity, and contact a criminal defense lawyer before responding to any questions.

Why might a detective call me?

A detective might call you if you’re seen as a potential witness, victim, or suspect in a criminal case, or if you’re believed to have information relevant to an investigation. 

What are probative questions and why should I be cautious about them?

You should be cautious about probative questions because they are designed to gather specific information that can be used to prove something in a case, and answering them without legal counsel can put you at risk of self-incrimination. 

Varghese Summersett

Varghese Summersett was honored to host two legal legends – retired Judge Louis Sturns and renowned Defense Attorney Mike Heiskell – to commemorate Black History Month during the firm’s weekly training session.

“You are all in for a treat,” VS Partner Tiffany Burks told the firm’s attorneys and staff as she introduced her distinguished guests. “You are sitting in a room with greatness and history.”

Greatness and history, indeed! Sturns and Heiskell have left a lasting impact on the Tarrant County legal community and beyond. They’ve accomplished numerous “firsts” in their careers, which Burks touted during their introductions.

The Honorable Judge Louis Sturns

Legal Legends Share Wisdom, Stories with VS TeamFirst African American Criminal Court Judge in Tarrant County

First African American Judge to Serve on the Texas Court of Criminal Appeals

First African American President of the Tarrant County Bar Association

 

Defense Attorney Mike Heiskell

Legal Legends Share Wisdom, Stories with VS TeamFirst African American President of the National Association of Criminal Defense Lawyers

First President of the Tarrant County Black Bar Association

First African American to Graduate Baylor Law School

 

After sharing their long list of achievements and accolades, Burks turned the floor over to Sturns and Heiskell, who candidly shared their advice, wisdom, and stories with the audience. They spoke about the challenges they faced as minority attorneys in a predominately white legal profession and how they overcame obstacles with determination, hard work, and professionalism.

Judge Sturns came to Fort Worth in 1976 after serving three years as a captain in the United States Army Judge Advocate General Corps. He started a private practice with legal and civil rights legend L. Clifford Davis in the “heart of the hood” and represented poor people in all aspects of law – criminal, civil, and probate.

“We basically took everything that came through the door,” Sturns said.

Sturns said he learned a lot in those early years working alongside Davis, who taught him to treat everybody in the courtroom fairly, from the client and the judge to the bailiffs and clerks – advice that he has carried through his career and has served him well including when he was later on the bench.

“I can tell you that I have seen a lot of things in the last 50-plus years,” he said.

Some of the experiences that stand out, he said, include not having a single minority on any of his juries from 1976 to 1986 because prosecutors used their preemptory strike to dismiss minority jurors – a practice now unconstitutional thanks in part to the Batson v. Kentucky decision.
Legal Legends Share Wisdom, Stories with VS Team

Heiskell – who started a law practice in Fort Worth in 1984 after working as an Assistant United States Attorney in Dallas – recalled how people were often surprised when they first met him; they assumed he was white because of his German last name.

“I would routinely have people come to my office, thinking I was a white guy and, when they found out I was a black guy, they turned around to leave,” he said.

Heiskell recalled a family who retained him for a high-profile murder case but then later changed their mind and went with a white attorney because the judge, victim, and prosecutor on the case were all white.

“As an African American attorney, you have to go through those things, and you have to overcome those things,” he said. “If you keep your eye on the Northstar and nose to the grindstone, you will overcome…Later, as time passed, people from all different racial groups began to come to me.”

Heiskell also talked about the importance of professionalism, civility, and preparation – something all lawyers should strive for. He said he finds something to truly care about with each and every case and always gives his client the best possible representation, regardless of the circumstances.

“My mantra is, ‘If you care, you prepare,'” he said.

Heiskell and Sturns also shared their most memorable moments, leadership styles, and what they think of the current judiciary and district attorney’s office. It was a candid, insightful, and inspiring conversation that left the VS team with a wealth of knowledge and motivation.

Managing Partner Benson Varghese thanked these true legal legends for accepting attorney Tiffany Burks’ invitation to speak to the firm during Black History Month and participate in the firm’s “Workshop Wednesday” training sessions.

“These men are not just pillars of the community because they talk the talk,” Varghese said. “They walk the walk…It’s up to us to continue the legacy that these legends have created.”

Watch the Video Here

 

Varghese Summersett

More than a thousand people move to Texas daily, which means more drivers are traveling on our 200,000 miles of state-maintained roadways. To keep up with the influx, state officials spent $2 billion from 2015 to 2022 to make our roads safer.

Still, we averaged one accident every minute last year.

Texas envisions a future with zero traffic fatalities and serious injuries. It has adopted a “Road to Zero” goal of having zero fatalities on Texas roads by 2050.

So, how are we doing? 

Texas Crash Data

Ever wonder what happens to crash reports after an accident? Where do they go from your local police department? The data from these reports, whether filed by police or self-reporting blue forms submitted by drivers to police, gets compiled into a database by the Texas Department of Transportation (TXDOT).

Those reports are then entered into the Crash Records Information System (CRIS), an extensive database maintained by the Texas Department of Transportation. It contains data compiled from all of the crash reports filed in Texas. As such, it is an exhaustive database from which useful information can be mined.

In this post, we will share our findings after doing just that. You’ll also find information in this post you won’t find anywhere else. For example, it is easy to track the increase (or decrease) in accidents based on crash type, but the information tells a much more useful story when you combine it with other sources of information, such as data on population growth in Texas over the same period.

So, without further ado, let’s jump right into a comparison of the 2022 data against 2023, the most recent year complete statistics are available.

The Number of Crashes in Texas Held Steady in 2023

Overall, there were 3,367 more accidents reported in 2023 than there were in 2022. That is less than a 1% increase in the total number of crashes. There were 555,586 accidents in 2022 and 558,953 accidents in 2023. That translates to 1,531 accidents per day in Texas in 2023. That’s 10,748 accidents per week, 46,579 accidents per month.

That’s just over 1 accident per minute in Texas in 2023.

 20222023
Total Crash Count555,586558,953
Population30,026,54730,500,000
Non-Injury, Non-Fatal Crashes with Property Damage50,65448,355
Non-Fatal Crashes With Injury165,973169,203
Fatal Crashes3,9653,855
Total Number of Fatalities4,4074,268
Total Number of Injuries244,325250,182

Texas Population Growth Against Crash Data

Let’s compare this against population growth. Texas, the second-largest state in the U.S. by both area and population, sees a vast amount of traffic on its roads each day. Texas grew in population by 1.6 percent last year, meaning it added more people than any other state in the nation last year according to the United States Census Bureau.

Although there were more crashes in Texas last year, the rate at which crashes increased was less than the rate that the population grew by.

Increase in accidents in Texas vs. population growth from 2022 to 2023.

Fatal Car Crashes Were Down

There were 110 fewer fatal car crashes in 2023 as compared to 2022. That is a 2.8% reduction in fatal car crashes even while the population increased by 1.6%. While even a single death is one too many, it is improvement that tracks the increasing safety measures we see in modern vehicles. Improvements in vehicle safety features and advancements in road safety measures have likely contributed to the reduction in fatalities.

Total Number of Injuries from Motor Vehicle Accidents Went Up in 2023

 

The Number of Texans Injured in Motor Vehicle Accidents Went Up

There were 5,857 more injuries from motor vehicle accidents in Texas in 2023 than there were in 2022. That is an increase of about 2.3%, slightly more than the increase in population in Texas over the same period of time.

Total Number of Injuries Went Up in Texas in 2023

Remarkable Reduction in Alcohol-Related Accidents in Texas in 2023

There were 1,107 fewer accidents involving alcohol in 2023, representing a 4.4% decrease in alcohol-related crashes. The total number of alcohol-related accidents in 2023 was 23,844 which is down from 24951 in 2022. There was a massive reduction in alcohol-related fatality accidents. In 2022 4,756 people lost their lives in alcohol-related accidents. In 2023, that number was down to 3,547. This represents a 25.4% reduction in alcohol-related accident deaths in 2023, despite a 1.6% increase in population.

 2022 Alcohol-Related Crashes2023 Alcohol-Related Crashes
Total Crash Count2495123844
Non-Injury, Non-Fatal Crashes with Property Damage71706606
Non-Fatal Crashes With Injury2492124262
Fatal Crashes39462916
Total Number of Fatalities47563547
Total Number of Injuries4952947384

Motorcycle Accidents Increased in Texas in 2023

There were 278 more motorcycle accidents in 2023 than in 2022. This represents a 3.3% increase in the number of motorcycle accidents. 54 more motorcycle accidents resulted in fatalities, which is a 7.7% increase in motorcycle accident fatalities.

 2022 Motorcycle Crashes2023 Motorcycle Crashes
Total Crash Count83588636
Non-Injury, Non-Fatal Crashes with Property Damage130124
Non-Fatal Crashes With Injury75957790
Fatal Crashes662702
Total Number of Fatalities702756
Total Number of Injuries95429718

Tarrant County Accident Statistics

There were 29,043 accidents reported in Tarrant County in 2023, up 34 accidents from 2022, a virtual dead heat. There were 13 more fatalities from car accidents in Tarrant County in 2023 versus 2022. 2023 saw a total of 215 fatalities from car accidents.

There were 141 alcohol-related car accident fatalities in Tarrant County in 2022 and 21 less in 2023.

The number of motorcycle fatalities jumped from 40 to 54 from 2022 to 2023 in Tarrant County.

Tarrant County20222023
Total MVAs29,00929,043
Fatalities202215
Injuries15,83115,698
Alcohol-Related Fatalities141120
Motorcycle Fatalities4054

Dallas County Accidents

There were 54,555 car accidents in Dallas County in 2022. There were 52,115 accidents in Dallas County in 2023, a decrease of 2,440 car accidents. There were 332 fatalities arising out of car accidents in Dallas in 2023, 10 more than the previous year. There were 551 alcohol-related car accident fatalities in Dallas County in 2022 with a reduction of over 200 alcohol-related fatalities in 2023, with the total for the year ending at 349 alcohol-related fatalities. The number of motorcycle accidents remained relatively steady. There were 46 in Dallas in 2022 and 42 in 2023. The total number of individuals injured in accidents went up by over 500, with 25,142 injuries in 2023 and 25,708 in 2022.

Dallas County20222023
Total MVAs54,55552,115
Fatalities322332
Injuries25,70825,142
Alcohol-Related Fatalities551349
Motorcycle Fatalities4642

Harris County Accident Statistics

The number of accidents stayed relatively steady in Harris County. There were 115, 806 accidents in Harris County in 2022. There were 116,473 accidents reported to TXDOT in Harris County in 2023.

The number of fatal car accidents dropped from 559 in 2022 to 534 in 2023.

The number of alcohol-related fatalities had an even greater drop from 834 alcohol-related fatalities in Harris County in 2022 to 701 alcohol-related traffic accident deaths in 2023.

The number of motorcycle accidents went from 110 in 2023 to 100 in 2022 in Harris County. The total number of injuries arising from traffic accidents dropped by about a thousand from 2022 to 2023, going from 47,598 to 46,569.

Harris County20222023
Total MVAs115,806116,743
Fatalities559534
Injuries46,56947,598
Alcohol-Related Fatalities834701
Motorcycle Fatalities110100

Bexar County Motor Vehicle Accident Statistics

The total number of accidents in Bexar County rose from 47,467 in 2022 to 48,690 in 2023. The number of fatalities from traffic accidents in Bexar over that same period dropped from 247 to 209.

Bexar20222023
Total MVAs47,46748,690
Fatalities247209
Injuries19,85120,077
Alcohol-Related Fatalities318132
Motorcycle Fatalities2837

Massive Drop in Alcohol-Related Traffic Fatalities in Bexar County in 2023

Even more remarkably, the number of alcohol-related traffic accident deaths dropped from 318 to 132, a reduction of almost 58%, the greatest drop in the cities mentioned in this article. According to the Office of Court Administration, in 2023 about 10% more misdemeanor driving while intoxicated cases were filed in Bexar County than were filed the previous year.

First-Time DWIs Reduced in Bexar, But in More Limited Circumstances in 2023

Bexar County offers reductions of first-time DWIs to Obstruction of Highway charges, but in 2023 changed their policy to no longer allow those if the blood alcohol concentration was over .15 or if there was an accident. The county reported a 3% lower recidivism rate for individuals who pled to Obstruction charges compared to those who pled to DWI charges.

Motorcycle accident fatalities in Bexar County increased from 28 to 37 from 2022 to 2023. The total number of injuries arising from traffic accidents in Bexar County dropped marginally from 20,077 in 2022 to 19,851 in 2023.

Driving While Intoxicated Filings vs. Intoxication-Related Fatalities in Texas 

Dallas, Tarrant, and Harris County all saw reductions in alcohol-related fatalities and misdemeanor DWI cases filed. Bexar County, which had the greatest reduction in alcohol-related fatalities, had about 10% more misdemeanor DWI cases filed in 2023 when compared to 2022.

DWIs Filed in Large Counties in Texas in 2022 and 2023

County Level Changes in DWIs and

Statewide, filings of misdemeanor DWIs dropped about 3.4% while alcohol-related motor vehicle accident deaths dropped by over 25%.

DWI filing have decreased in Texas, so have intoxication-related deaths.

 

Funding for Texas Road Improvements

Texas Department of Transportation’s Unified Transportation Program has a massive impact on North Texas roadways. TxDoT has earmarked $5.2 billion for projects in the Fort Worth area and $11.5 billion earmarked for projects around Dallas. This 10-year investment is part of $142 billion that will be poured into Texas roadways.

Overall, there’s much to be proud of. We’ve reduced the number of fatal motor vehicle accidents and even mores the number of alcohol-related fatalities on Texas roadways. While advancements are being made with technology in vehicles and improvements to our roadways, there is still a long way to go to get to the goal of zero fatalities by 2050.

Varghese Summersett

More than a thousand people move to Texas daily, which means more drivers are traveling on our 200,000 miles of state-maintained roadways. To keep up with the influx, state officials have invested billions of dollars to make our roads safer.

Still, it’s been 23 years since a day went by without a traffic fatality in Texas.

And while this is a very stark statistic, Texas envisions a future with zero traffic fatalities and serious injuries. It has adopted a “Road to Zero” plan to reduce traffic fatalities on Texas roads to zero by 2050, and half by 2035.

So, how are we doing? Let’s look at crash statistics from the past two years.

Texas Crash Data

Have you ever wondered what happens to Texas crash reports after an accident? Where do they go from your local police department? These reports –  whether filed by police or drivers through blue forms – are submitted to the Texas Department of Transportation (TXDOT).

Those reports are then entered into the Crash Records Information System (CRIS), an extensive database maintained by the Texas Department of Transportation. It contains data from every crash report filed in Texas. It is an exhaustive database from which useful information can be mined.

In this post, we will share our findings after doing just that – analyzing data from CRIS and other government agencies. You’ll find information here you won’t find anywhere else.

For example, it’s easy to track the increase or decrease in accidents based on crash type, but the information tells a much more helpful story when combined with other sources of information, such as data on population growth in Texas over the same period.

So, let’s jump right in and compare 2022 against 2023, the most recent years complete car crash statistics are available.

The Number of Crashes in Texas Held Steady in 2023

Overall, there were 3,367 more accidents reported in 2023 than in 2022. That is less than a 1 percent increase in the total number of crashes. There were 555,586 accidents in 2022 and 558,953 accidents in 2023. That translates to:

  • 1,531 accidents per day in Texas in 2023
  • 46,579 accidents per month;
  • 10,748 accidents per week.

That’s just over 1 accident per minute in Texas in 2023.

 20222023
Total Crash Count555,586558,953
Population30,026,54730,500,000
Non-Injury, Non-Fatal Crashes with Property Damage50,65448,355
Non-Fatal Crashes With Injury165,973169,203
Fatal Crashes3,9653,855
Total Number of Fatalities4,4074,268
Total Number of Injuries244,325250,182

Texas Population Growth Against Crash Data

Let’s compare this against population growth. Texas, the second-largest state in the U.S. by both area and population, sees a vast amount of traffic on its roads each day. Texas grew in population by 1.6 percent last year, adding more people than any other state in the nation last year, according to the United States Census Bureau.

Although there were more crashes in Texas last year, the rate at which crashes increased was less than the rate that the population grew by.

Increase in accidents in Texas vs. population growth from 2022 to 2023.

Fatal Car Crashes Were Down in Texas

In 2023, there were 3,855 fatal car crashes in Texas, compared to 3,965 in 2022. That’s a 2.8 percent reduction in fatal car crashes, even while the population increased by 1.6 percent. Those crashes resulted in 4,268 lost lives in 2023 and 4,407 in 2022. 

While even a single death is one too many, a reduction in fatal crashes is at least a step in the right direction. Advanced safety features in modern vehicles, combined with highway improvements and increased education, have likely contributed to the reduction of traffic fatalities across Texas.

Total Number of Injuries from Motor Vehicle Accidents Went Up in 2023

The Number of Texans Injured in Motor Vehicle Accidents Went Up

And while fatalities decreased, the number of people injured in vehicle accidents increased in Texas. In 2023, 250,182 people were injured in vehicle accidents, compared to 244,325 the year before. That’s 5,857 more injuries from motor vehicle accidents in Texas in 2023 than in 2022. That is an increase of about 2.3 percent, slightly more than the increase in population in Texas over the same period of time.

Total Number of Injuries Went Up in Texas in 2023

Remarkable Reduction in Alcohol-Related Accidents in Texas in 2023

Drunk driving crashes are a serious problem in Texas, but fortunately, we are seeing a downward trend – especially in alcohol-related fatalities. In 2023, 3,547 people died in alcohol-related accidents, compared to 4,756 the year before, despite a 1.6 percent increase in population. This represents a 25.4 percent reduction in alcohol-related accident deaths in 2023.

Alcohol-related crashes overall were down, as well. In 2023, there were 23,844 alcohol-related crashes, compared to 24,951 the year before. That’s 1,107 fewer alcohol-related accidents, representing a 4.4 percent decrease.

 

 2022 Alcohol-Related Crashes2023 Alcohol-Related Crashes
Total Crash Count24,95123,844
Non-Injury, Non-Fatal Crashes with Property Damage71706606
Non-Fatal Crashes With Injury24,92124,262
Fatal Crashes39462916
Total Number of Fatalities47563547
Total Number of Injuries49,52947,384

Driving While Intoxicated Filings vs. Intoxication-Related Fatalities in Texas 

Dallas, Tarrant, and Harris County all saw reductions in alcohol-related fatality crashes and misdemeanor DWI cases. Bexar County, which had the greatest reduction in alcohol-related fatalities, had about 10 percent more misdemeanor DWI cases filed in 2023 when compared to 2022. 

DWIs Filed in Large Counties in Texas in 2022 and 2023

County Level Changes in DWIs and

Statewide, filings of misdemeanor DWIs dropped about 3.4 percent while alcohol-related motor vehicle accident deaths dropped by over 25 percent.

DWI filing have decreased in Texas, so have intoxication-related deaths.

Dallas County Accidents

In 2023, there were 52,115 accidents in Dallas County, compared to 54,555 in 2022 – a decrease of 2,440 car accidents. And while the total number of accidents went down, fatalities were slightly up at 332 – 10 more than the previous year.

The number of alcohol-related fatalities went down significantly with 349 in 2023, compared to 551 in 2022. 

The number of motorcycle accidents remained almost the same, with 42 in 2023 and 46 in 2022. The total number of individuals injured in accidents went up by over 500, with 25,142 injuries in 2023 and 25,708 in 2022.

Dallas County20222023
Total MVAs54,55552,115
Fatalities322332
Injuries25,70825,142
Alcohol-Related Fatalities551349
Motorcycle Fatalities4642

Tarrant County Accident Statistics

There were 29,043 accidents reported in Tarrant County in 2023, up 34 accidents from 2022, a virtual dead heat. There were 13 more fatalities from car accidents in Tarrant County in 2023 compared to 2022, with 215 and 202, respectively.

There were 120 alcohol-related car accident fatalities in Tarrant County in 2023 – and 21 more than the previous year.

The number of motorcycle fatalities jumped from 40 in 2022 to 54 in 2023.

Tarrant County20222023
Total MVAs29,00929,043
Fatalities202215
Injuries15,83115,698
Alcohol-Related Fatalities141120
Motorcycle Fatalities4054

Harris County Accident Statistics

The number of accidents stayed relatively steady in Harris County. There were 116,437 accidents in 2023, compared to 116,473 accidents reported to TXDOT  in 2022.

The total number of fatal car accidents dropped from 559 in 2022 to 534 in 2023.

The number of alcohol-related fatalities had an even greater drop from 834 alcohol-related fatalities in Harris County in 2022 to 701 alcohol-related traffic accident deaths in 2023.

The number of motorcycle accidents went from 110 in 2023 to 100 in 2022. The total number of injuries arising from traffic accidents went up, from 46,569 in 2022 to 47,598 in 2023.

Harris County20222023
Total MVAs115,806116,743
Fatalities559534
Injuries46,56947,598
Alcohol-Related Fatalities834701
Motorcycle Fatalities110100

Bexar County Motor Vehicle Accident Statistics

The total number of accidents in Bexar County rose from 47,467 in 2022 to 48,690 in 2023. Meanwhile, the number of traffic fatalities dropped from 247 in 2022 to 209 the next year.

Bexar20222023
Total MVAs47,46748,690
Fatalities247209
Injuries19,85120,077
Alcohol-Related Fatalities318132
Motorcycle Fatalities2837

Massive Drop in Alcohol-Related Traffic Fatalities in Bexar County in 2023

Even more remarkably, the number of alcohol-related traffic accident deaths dropped from 318 to 132, a reduction of almost 58 percent, the most significant drop in the cities mentioned in this article. According to the Office of Court Administration, in 2023 about 10 percent more misdemeanor driving while intoxicated cases were filed in Bexar County than the previous year.

First-Time DWIs Reduced in Bexar, But in More Limited Circumstances in 2023

Bexar County will offer reductions for a first-time DWI to an obstruction of highway charge, but in 2023, officials changed their policy to no longer allow reductions if the blood alcohol concentration was over .15 or if there was an accident. The county reported a 3 percent lower recidivism rate for individuals who pled to obstruction charges compared to those who pled to DWI charges.

Motorcycle accident fatalities in Bexar County increased from 28 in 2022 to 37 in 2023. The total number of injuries arising from traffic accidents in Bexar County increased from 19,851 in 2022 to 20,077.

Travis County Motor Vehicle Accident Statistics

Travis County saw a slight decrease in motor vehicle accidents from 17,468 accidents in 2022 to 17,257 accidents in 2023, a reduction of 2.2 percent. The total number of fatalities went down by 5.3 percent and the number of alcohol-related fatalities went down by nearly 27 percent. Like many other counties, the number of motorcycle-related fatalities went up. In Travis County specifically, it went up nearly 13 percent in 2023.

Travis County20222023
Total Crash Count17,64817,257
Total Number of Fatalities169160
Total Number of Injuries11,10510,831
Alcohol-Related Fatalities205150
Motorcycle-Related Fatalities3135

Collin County Motor Vehicle Accident Statistics

In Collin County, motor vehicle accidents increased by 7.4 percent – from 13,824 in 2022 to 14,846 in 2023. The number of fatalities from motor vehicle accidents dropped from 76 in 2022 to 62 in 2023, an 18 percent reduction.

The total number of alcohol-related fatalities also dropped, from 70 in 2022 to 45 in 2023 –  a 36% reduction. Collin County saw two fewer motorcycle-related deaths, dropping from 19 in 2022 to 17 in 2023.

Collin County20222023
Total Crash Count13,82414,846
Total Number of Fatalities7662
Total Number of Injuries6,8217,242
Alcohol-Related Fatalities7045
Motorcycle-Related Fatalities1917

Denton County Motor Vehicle Accident Statistics

Denton County had 12,262 total vehicle accidents in 2023, up from 11,966 the previous year – a 2.4 percent decrease. The total number of fatalities stemming from motor vehicle accidents increased from 48 in 2022 to 51 in 2023. There was nearly a 60 percent increase in alcohol-related motor vehicle deaths in 2023 compared to the previous year in Denton County, jumping from 25 to 40. The most dramatic increase in deaths was the nearly doubling of motorcycle-related deaths, jumping from 8 in 2022 to 17 in 2023.

Denton County20222023
Total Crash Count11,96612,262
Total Number of Fatalities4851
Total Number of Injuries4,7475,083
Alcohol-Related Fatalities2540
Motorcycle-Related Fatalities817

Hidalgo County Motor Vehicle Accident Statistics

In 2023, Hidalgo County had an increase in crashes, from 17327 in 2022 to 17746 the following year – 2.4 percent increase. There was an increase in the number of fatalities from 76 to 83 during the same period, an increase of 9.2 percent. The number of alcohol-related motor vehicle fatalities dropped from 129 to 116, a reduction of 10 percent, and the number of motorcycle accident-related fatalities dropped from 10 to 6 in 2023.

Hidalgo County20222023
Total Crash Count17,32717,746
Total Number of Fatalities7683
Total Number of Injuries9,53910,160
Alcohol-Related Fatalities129116
Motorcycle-Related Fatalities106

El Paso County Motor Vehicle Accident Statistics

El Paso County saw a 3.15 percent drop in the total number of motor vehicle accidents in 2023 as compared to 2022, from 19471 to 18857. There was a nearly 7 percent increase in the number of fatalities arising from motor vehicle accidents, going from 89 in 2022 to 95 in 2023. There was a 30 percent increase in the number of alcohol-related fatalities, jumping from 76 to 99, and an 85 percent decrease in motorcycle-related fatalities dropping from 20 deaths in 2022 to 3 deaths in 2023.

El Paso County20222023
Total Crash Count19,47118,857
Total Number of Fatalities8995
Total Number of Injuries7,0117,797
Alcohol-Related Fatalities7699
Motorcycle-Related Fatalities203

Fort Bend County Motor Vehicle Accident Statistics

In 2023, Fort Bend County had 11,549 total crashes – a 10 percent increase from the year before when there were 10,496 crashes. There was a 26 percent increase in the number of motor vehicle accident-related deaths, but a nearly 4 percent reduction in alcohol-related deaths. The number of motorcycle fatalities increased by one.

Fort Bend County20222023
Total Crash Count10,49611,549
Total Number of Fatalities3443
Total Number of Injuries3,9464,379
Alcohol-Related Fatalities2625
Motorcycle-Related Fatalities78

Motorcycle Accidents Increased in Texas in 2023

In 2023, there were 278 more motorcycle accidents than the year before, representing a 3.3 percent increase. There was also an increase in motorcycle accident fatalities – with 54 more fatalies in 2023, compared to 2022, which is a 7.7 percent increase.

 2022 Motorcycle Crashes2023 Motorcycle Crashes
Total Crash Count8,3588,636
Non-Injury, Non-Fatal Crashes with Property Damage130124
Non-Fatal Crashes With Injury75957790
Fatal Crashes662702
Total Number of Fatalities702756
Total Number of Injuries95429718

Funding for Texas Road Improvements

Keeping Texas roadways safe is no small feat. That’s why the Lone Star State has the Unified Transportation Program (UTP), which is TxDot’s 10-year plan that guides transportation project development across the state. 

UTP authorizes the distribution of dollars to fund the state’s highest-priority transportation projects. For example, TxDoT has earmarked $5.2 billion for projects in the Fort Worth area and $11.5 billion for projects around Dallas. This 10-year investment is part of $142 billion that will be poured into Texas roadways in an effort to enhance safety, improve congestion and connectivity, and preserve roadways.

The Road to Zero Goal

In 2019, the Texas Transporation Commission established the Road to Zero initiative. The goal is to reduce the number of deaths on Texas roadways by half by the year 2035 and zero by the year 2025.

In doing so, the Texas Transportation Commission acknowledged that most motor vehicle crashes and preventable and directed TxDot to develop and implement strategies to achieve this goal.

At the time of this article, the last deathless day on Texas roadways was on November 7, 2000. That means a person has died every single day for more than 23 years. 

And while that is a very sobering statistic, we have made progress. The latest car crash statistics show that we’ve reduced the number of fatal motor vehicle accidents – including those involving alcohol – on Texas roadways even with the population increase.

Hopefully, with ongoing advancements in automotive technology, infrastructure safety enhancements, and robust educational campaigns, we will see a continued decline in these numbers year after year.  Still, we have a very long way to go to get to the goal of zero fatalities by 2050.

 

Varghese Summersett

Aggravated Assault is a felony assault charge that is commonly filed in Fort Worth and throughout Texas. It is defined under Texas Penal Code Section 22.02 and is generally considered an assault that is made more serious due to certain aggravating factors. Surprisingly to many, and as our Aggravated Assault Lawyer Fort Worth explains, this charge does not require actual physical injuries. Learn more about Aggravated Assault, including Aggravated Assault by Threat (which does not require any injury) below. 

Types of Aggravated Assault in Texas

Here are the distinctions between the different types of aggravated assault:

Aggravated Assault with a Deadly Weapon

This occurs when an individual uses or exhibits a deadly weapon (e.g., a firearm, knife) during the commission of an assault. The presence of a deadly weapon elevates the severity of the offense.

Aggravated Assault Causing Serious Bodily Injury

This involves causing serious bodily injury to another person intentionally, knowingly, or recklessly. Serious bodily injury refers to an injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Aggravated Assault by Threat

Because Texas has the offense of Assault by Threat under Penal Code 22.01, an aggravated assault by threat case can be filed if the allegation is that a person threatened imminent bodily injury while using or exhibiting a deadly weapon.

What is Serious Bodily Injury vs. Bodily Injury in Texas

“Bodily Injury” in Texas law means any form of physical harm inflicted upon an individual. This includes not just visible injuries but also internal conditions that induce physical pain, illness, or any impairment, however temporary, of an individual’s physical capabilities. In legal proceedings, establishing bodily injury is foundational to validating claims of physical harm, though it’s worth noting that the scope of bodily injury, while encompassing a range of physical ailments, doesn’t inherently imply a severe or long-lasting condition.

In stark contrast, “Serious Bodily Injury” denotes a more grave condition. Legally, it’s characterized as an injury that presents a substantial risk of death, or that results in enduring or significant disfigurement, or long-term loss or impairment of the function of any bodily member or organ. This definition is pivotal in cases where the severity of the injury elevates the stakes, potentially leading to heightened compensations or more severe legal repercussions for the party at fault.

what can be considered a deadly weapon in Texas

What is a deadly weapon in Texas?

Any object that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. This definition encompasses not just inherently dangerous objects like guns or knives, but also seemingly ordinary objects that can be used in a way that makes them capable of causing significant harm. For instance, a car driven recklessly or a rope used to strangle someone can be considered a deadly weapon in this context.

What is the punishment range for Aggravated Assault in Texas?

Aggravated Assault is usually a second degree felony but it can become a first degree felony under certain circumstances.

  1. Second-Degree Felony (the default categorization for aggravated assault):

    • Imprisonment: 2 to 20 years in a state prison.
    • Fine: Up to $10,000.

  2. First-Degree Felony (if certain aggravating factors are present, such as the victim being a public servant, a witness, a security officer, or if the offense is committed in a domestic situation or involves a deadly weapon and results in serious bodily injury to a family member or partner):

    • Imprisonment: 5 to 99 years, or life, in a state prison.
    • Fine: Up to $10,000.

Defenses Described by Aggravated Assault Lawyer Fort Worth

In Texas, affirmative defenses are legal defenses used in criminal cases where the defendant admits to the conduct that forms the basis of the charge but argues that there was a justifiable reason for the conduct under the law. For the charge of aggravated assault, several affirmative defenses might be applicable, depending on the specific circumstances of the case. Some of the common affirmative defenses include:

  1. Self-Defense: Arguably the most common affirmative defense, self-defense is claiming that the defendant committed the act of assault to protect themselves from the imminent and unlawful use of force by another individual. The use of force must be reasonable and necessary under the circumstances to prevent harm to oneself.

  2. Defense of Others: Similar to self-defense, this defense involves the use of force to protect another person. The defendant must reasonably believe that the person they are defending is in immediate danger of bodily harm and that the use of force is necessary to prevent that harm.

  3. Defense of Property: In some cases, a person may use force to defend their property from unlawful interference or theft. However, the use of force must be reasonable and proportionate to the threat posed.

  4. Duress: This defense is used when the defendant claims that they were forced to commit the assault due to an immediate threat of serious bodily injury or death from another person. The threat must be present, immediate, or impending at the time of the offense, and there must be no reasonable escape from the threat other than committing the assault.

  5. Necessity: The defense of necessity is used when the defendant argues that they committed the act to prevent a greater harm. The harm prevented must be more significant than the harm caused by the assault, and there must be no other legal alternatives available to avoid the harm.

  6. Lack of Mental State: In some cases, the defendant may argue that they did not have the required mental state (intentionally, knowingly, or recklessly) to commit aggravated assault. This might involve proving that the act was accidental or a result of a misunderstanding.

  7. Mistake of Fact: This defense is applicable if the defendant had a reasonable belief about a fact that, if true, would make the conduct lawful. It must be a reasonable mistake and cannot be used if the belief was based on recklessness or negligence.

Charged? Call our Aggravated Assault Fort Worth Lawyer

If you have been charged with aggravated assault in Fort Worth or anywhere in Tarrant County, give us a call. We have successfully resolved allegations of aggravated assault time and time again. You can reach us at (817) 203-2220. 

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Varghese Summersett

If you live in Texas, you are probably aware that you can look up registered sex offenders in your area through an online database managed by the Texas Department of Public Safety (DPS).

Now, another database – for repeat family violence offenders – is now accessible to the public.

Last summer, Texas lawmakers passed House Bill 5202, which mandates that the Texas Department of Public Safety create and maintain a database of people with two or more intimate partner violence convictions.

In this article, the criminal defense attorneys at Varghese Summersett will explain the new law, what information will be contained in the family violence offender database, and what it means for people who have been convicted of repeat family violence in Texas.

Texas Family Violence Offender Database

HB 5202: History of the Texas Family Violence Offender Database

The idea to create a Texas family violence offender database that contains information about repeat domestic abusers stemmed from a 2015 murder case in San Jose., California, where Dallas Police Eddie Garica served before coming to Texas.

In 2015, Alessandra Barlas, 27,  was killed by an ex-boyfriend in San Jose. After her death, her parents learned her ex-boyfriend had served time in prison for attempting to murder another former girlfriend. The family believed that if Barlas knew his history of domestic violence, she would have gotten out before it was too late.

They started the Allesandra Foundation and worked with Chief Garcia to get a law passed to establish an offender database to identify convicted abusers. Chief Garcia and the family couldn’t get the intimate partner violence database law passed in California, but Garcia pursued the legislation when he moved to Texas. He took the idea to State Rep. Victoria Neave Criado (D-Dallas), who authored HB 5202 during the 88th Texas Legislature. Gov. Gregg Abbott signed it into law on June 11, 2023.

New Law: Texas Family Violence Offender Database

The New Law: Central Database of Offenders Who Have Committed Certain Offenses

The new law, which can be found in Section 411.1355 of the Texas Penal Code, creates a central database of offenders who have committed certain violent offenses. It specifies that DPS must maintain a computerized central database containing information about people who, on two or more occasions, have been convicted of any of the following offenses:

The database contains the following information, to the extent it is available:

  • The person’s full name, each alias used by the person, and the person’s date of birth;
  • A physical description and a recent photograph of the person;
  • A list of the applicable offenses of which the person was convicted, the date of conviction of each offense, and the punishment for each offense; and
  • An indication as to whether the person was discharged, placed on community supervision, or released on parole or to mandatory supervision following conviction of each offense

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Unlocking Safety: Board Certified Attorney Benson Varghese unveils Texas' groundbreaking Family Violence Database. ?? Empowering Lives, Ensuring Safety. #FamilyLaw #safetyfirst #TexasJustice #LegaIinsights#ProtectingFamilies #DVDatabase #Texas #LegalInnovation #EmpowerWithLaw

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What Constitutes Family Violence in Texas?

To be added to the database, the judge must make an affirmative finding that the offense involved family violence. Under Texas law, family violence means:

1) an act committed by a family or household member against another, intending to cause physical harm, bodily injury, assault, or sexual assault, or creating a threat that reasonably instills fear of imminent physical harm;

2) abuse by a member of a family or household toward a child of the family or household; or

3) dating violence.

It’s important to note that the law recognizes dating relationships as part of the family definition. That means violence against someone with whom you are or were in a dating relationship could be eligible for registration to the intimate partner violence database if other criteria or met.

New Law: Texas Family Violence Offender Database

Accessing the Texas Family Violence Offender Database

The new database, which is formally called the “Violent Offender Database – Family Violence and Stalking – went live in December. You can find it here at the Texas Department of Public Safety’s website.

Petition for Removal from The Texas Family Violence Offender Database

The new law states that a person may petition DPS to remove their names from the Texas family violence database if one of the following is met:

  • An expunction was ordered for his or her offense that required registration in the database (unless he or she has been convicted more than three times of an applicable offense.)
  • The person has not been convicted of another applicable offense in seven years.

New Law: Texas Family Violence Offender Database

Accused of Repeat Domestic Violence? Contact Us.

If you have been accused of repeated family violence, it’s imperative to have an experienced, skilled attorney representing you. Not only are you facing possible jail time, but now your name can be included in a public database, easily accessible by anyone, including potential employers. This can cause damage to your reputation and future opportunities.

The criminal defense team at Varghese Summersett has extensive experience handling cases alleging domestic violence or intimate partner violence. We have handled hundreds of felony family violence cases in North Texas – first as prosecutors and now as highly sought-after defense attorneys. The best defense lawyers understand the prosecution’s playbook. Call us at 817-203-2220 today to speak with a lawyer who knows the system and will work tirelessly for the best possible outcome.

New Law: Texas Family Violence Offender Database