State v. R.P.

Intoxication Assault. Client was a good young man. He was engaged and his fiancé called it off. He went out and got so intoxicated he didn’t eve know he was driving. Somehow, he got on I-10 and went the wrong direction (most of it in the HOV lane that was closed off) for 16 miles. From Barker Cypress until just east of downtown Houston. He had a head on collision with a woman causing her to break his leg. The woman was understandably very upset and would ever let the DAs settle for anything that involved probation. The case was 2-10 years in prison. The DAs offer was 4, client would sign for 3. The DAs refused to come down. Because of the facts and how intoxicated client was, there was no defense and we all knew it. But because the case involved a deadly weapon, only a Jury could give probation. So we plead guilty to the Jury and the State put on the entire case asking for prison time. The State was also allowed to show that while on bond the client picked up 4 heavy felony charges for weed in Ft Bend. Client explained that he couldn’t get a job with a pending felony and never tested positive. He was only selling things that were legal and bought from CO and CA. The client had also been acting as an informant for the past few months and was half way done with how many people he had to catch when they terminated his contract 2 days before trial. We have text messages that the contract was terminated because of pressure from the Harris County DAs office. The Jury saw through the trickery of the DAs. They also saw that the client was heartfelt sorry and didn’t even remember driving let alone the accident. The HPD DWI Officer also agreed he didn’t even think the client knew where he was. The jury chose to spare our client from the cage and give him a chance at getting his life and freedom back. He got 5 years of prison, probated. Judge gave him 10 years probation to prove himself with 120 days of jail as a condition. Client and his mother both cried for the mercy that Jury showed in such a tragic accident. There was never any intent to harm anyone, he made a horrible mistake and is thankful to not get thrown into prison. Thank you to that merciful jury.