Grandview, TX asked in Criminal Law and DUI / DWI for Texas

Q: My daughter was killed by a drunk and high driver who had cocaine on him. Navigation proves he was in her lane. The DA

Is not filing charges on him for manslaughter, just DWI and possession, because they say my daughter was driving too fast. She was going 93 mph on impact. Can they seriously not charge this man with manslaughter for killing my daughter because of that reason?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes. Everything depends on how the collision between the vehicles occurred. Sometimes, a driver’s state of intoxication is not what caused a collision.

For example, if the drunk driver was driving safely in the same lane of traffic and your daughter crashed into his vehicle from behind going 93 mph, the collision would most likely be your daughter’s fault. The driver’s state of intoxication was not a “proximate cause” of the collision.

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