You may not know it but obstructing a highway or passageway without legal authority in the state of Texas is actually a crime. Texas law requires you to move if law enforcement makes a “reasonable” request for you to disperse during a public safety event (such as a riot) or to prevent the obstruction of a passageway or highway.
Full Answer
Almost everyone knows what a DWI charge is, but few are familiar with the offense of Obstruction of Highway. In rare circumstances, a DWI may be “reduced” to an obstruction of highway charge even though both are legally the same level offense. Despite this, obstruction of highway is a highly-desired, but rarely achieved, outcome in DWI cases.
What is Obstruction of Highway? Under Section 42.03 of the Texas Penal Code, a person commits the offense of obstruction of highway if, without legal privilege or authority, he intentionally, knowingly or recklessly:
Unlike many other states that have anti-plea bargaining laws for impaired driving offenses, Texas allows prosecutors to offer reduced charges eligible for deferred adjudication to those charged with DWI in some cases. A defense attorney can fight to negotiate a lower charge like reckless driving or Obstruction of a Passageway or Roadway.
Obstruction of Highway may be negotiated by a skilled defense attorney if the attorney can find sufficient evidence favorable to the defense that shakes the prosecutor’s confidence in obtaining a guilty verdict at trial.
What is Obstruction of a Highway? An obstruction of highway charge is defined in the Texas Penal Code as illegally blocking a highway, street, sidewalk, railway, etc., regardless of what is creating the blockage.
Examples of reducing a DWI charge include: Getting a Felony DWI Reduced to a Misdemeanor like Obstruction of a Highway or Obstruction of a Passageway. Reducing DWI Charges to Reckless Driving. Filing a Pretrial Motion to Remove Illegally Obtained BAC Evidence.
'Obstruction' includes anything that prevents passing and re-passing along the highway. To be committing this offence, you don't have to be blocking the whole width of the highway. This is because the offence is obstructing the highway itself (and not other users of the highway).
It is illegal to obstruct the road. If somebody unlawfully assumes ownership of areas of a road, they are breaking the law. If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a road, they are also guilty of an offence.
How to Get a DWI Dismissed in Texas: 5 Mistakes that Work to Your BenefitMistake #1: The officer didn't have reasonable suspicion. ... Mistake #2: The video evidence doesn't add up. ... Mistake #3: Your BAC test wasn't handled properly. ... Mistake #4: Officers didn't follow protocol. ... Mistake #5: Not calling a law firm.More items...•
If you do end up being convicted for a 1st offense DWI in Texas, unless you are granted probation, you are probably looking at the mandatory three days in county jail. The other possibility is community supervision, which usually means you will be sentenced to some form of community service.
Maximum fines obstructing a road: ÂŁ1,000. placing a skip on the highway without a licence: ÂŁ1,000. failing to light and cover a skip in the hours of darkness: ÂŁ1,000. depositing materials on a road without permission: ÂŁ1,000.
Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986 creates the offence of unnecessary obstruction. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.
Explanation: Take care if you have to pass an obstruction, such as a parked vehicle, on your side of the road. Give way to oncoming traffic if there isn't enough room for you both to continue safely.
Sections 12 and 14 of the Public Order Act (1986) allow conditions to be imposed on 'public processions' and 'public assemblies'. A 'public procession' constitutes any number of people (the law does not specify a minimum) moving along a route.
Class A Misdemeanors, the most serious of the three classes, can result in a fine of up to $4,000 and one year in county jail if the accused is found guilty of committing the misdemeanor. For a Class B Misdemeanor, the perpetrator may have to pay a fine of up to $2,000 and may be jailed in the county jail for 180 days.
37 The standard scale of fines for summary offences. E+WLevel on the scaleAmount of fine2ÂŁ5003ÂŁ1,0004ÂŁ2,5005ÂŁ5,000]1 more row
Under Section 42.03 of the Texas Penal Code, a person commits the offense of obstruction of highway if, without legal privilege or authority, he intentionally, knowingly or recklessly: (1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group ...
Obstruction of Highway may be negotiated by a skilled defense attorney if the attorney can find sufficient evidence favorable to the defense that shakes the prosecutor’s confidence in obtaining a guilty verdict at trial.
DWI (FIRST) OBSTRUCTION OF A HIGHWAY. Punishment Range: 3 days to 180 days in jail and a $2,000 fine, which may be probated. Punishment Range: Up to 180 days in jail and a $2,000 fine, which may be probated. Mandatory minimum of three days in jail.
A breath or blood sample over the legal limit, unless the attorney can find a way to keep that evidence out. An accident. Problems with DWI cases are not always obvious. It often takes an astute defense attorney to identify them and then leverage the issues with the case.
Despite this, obstruction of highway is a highly-desired, but rarely achieved, outcome in DWI cases. While they are both Class B misdemeanors, a DWI conviction has far more severe collateral consequences than an Obstruction of Highway charge.
First of all, a DWI conviction is very expensive . In addition to court and probation fees (most first-time DWI convictions result in probation), defendants must pay thousands of dollars in fines. There is less stigma associated with Obstruction of Highway, as the general public views it as a traffic offense rather than intoxicated-related offense.
Given the definitions for intoxication in Texas, which allow prosecutors to prove their case by showing an individual has lost their normal use of mental or physical faculties (regardless of their Blood Alcohol Concentration), it is very hard to shake a prosecutor’s confidence in a DWI case.
Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
Obstruction of a highway or passageway is a Class B misdemeanor . The implications in a DWI context is to reach a settlement of the DWI case to avoid a DWI conviction. Most people are desirous of avoiding a DWI conviction. It is important to note that many DWIs do not receive this option. What this means, how it looks, and the implications and conditions of an obstruction of a highway are something we look forward to discussing with you, should it occur, in the representation of your case. It is important to note that there are distinct advantages to having your case reduced to an obstruction of a highway.
Examples of reducing a DWI charge include: 1 Getting a Felony DWI Reduced to a Misdemeanor like Obstruction of a Highway or Obstruction of a Passageway 2 Reducing DWI Charges to Reckless Driving 3 Filing a Pretrial Motion to Remove Illegally Obtained BAC Evidence 4 Seeking Deferred Adjudication for Underage DUI 5 Having Your Attorney Negotiate a Plea Bargain for a Less Charge Like Reckless Driving 6 Getting the Case Dismissed 7 Getting a “No Bill” Return at the Indictment Hearing (state drops the case)
An Obstruction of Highway conviction can usually be sealed from your criminal record via a motion for nondisclosure.
Because of the severe punishment possible from a DWI conviction, it benefits you personally and financially to take any steps necessary to reduce DWI charges (and consequently the possible fines and penalties.
Getting a DWI charge reduced means having the severity of the charges lowered to a lower crime class. Oftentimes this means that the possible fines, jail time, and other restrictions will be far more lenient.
If there is no case without the evidence, which could be the case in situations where the blood sample was improperly stored or taken, then the judge might decide to drop the charges against you altogether. All of these variables require a lawyer for reducing charges.
However, in some cases, the jury may return a “No Bill” at the indictment hearing because they don’t think there is enough evidence for the case to be prosecuted if it goes to trial. It is also sometimes possible to have irrelevant evidence that could sway the jury thrown out.
However, reckless driving charges still carry more punishment and restrictions than highway obstruction convictions. Both Obstructions of a Highway and Passageway are misdemeanor charges that have far fewer consequences than a DWI and are worth considering.
An obstruction of highway charge is defined in the Texas Penal Code as illegally blocking a highway, street, sidewalk, railway, etc., regardless of what is creating the blockage. You may also be charged with obstruction of a highway if you disobey a request by an officer (or anyone with authority to control the area you are obstructing) to move the obstruction. It is a Class B misdemeanor in the state of Texas and may be punishable by fines and/or time in jail.
For more than a decade, attorney RJ Harber has worked hard to defend people who have been charged with a DWI in Dallas. As a former Tarrant County prosecutor, he knows how the prosecution will likely approach your case, and he will work with you to build the most convincing defense possible. Don’t leave your freedom and your livelihood to chance with an apathetic or inexperienced attorney. Contact The Law Offices of RJ Harber at (214) 389-1189 to discuss the specifics of your case. We’re ready to fight for you.
A knowledgeable criminal defense attorney will review your case and the plea bargain offered by the prosecutor. Your attorney will let you know whether fighting the DWI is in your best interest or if accepting the obstruction charge is the best option for you.
The maximum punishment for obstruction is up to six months in jail and a fine of up to $2,000. You also gain the ability to negotiate for deferred adjudication and dismissal of the DWI charges.
A DWI can be very damaging to your reputation, career, family, and even future opportunities in life. If you have more than one DWI, that damage is even more severe. For instance, some professional licensing boards are very strict about background checks and will look for a DWI on an applicant’s records. If you have a DWI conviction, it may result in non-licensure or a longer waiting period to obtain your desired professional license.
The State looks at your criminal history , the police report, the evidence gathered when you were pulled over by the police officer, the results of any field and breathalyzer and/or blood tests, and whether anyone was injured as a result of the DWI. They will also look to see if another crime resulted from the acts leading to the DWI. Any evidence found will be used against you when negotiating a plea deal, so make sure to hire an attorney who has experience with these specific types of charges.
While it is not ideal to plead guilty to one crime to avoid another, sometimes that is your best route to mitigating the more damaging effects of a more severe crime like DWI.
The driver’s BAC must have been under 0.15%
The defendant may also later apply for non-disclosure, which would effectively seal the case from public view. While these charges may still result in fines, classes, community service, and alcohol monitoring, the repercussions will be drastically less serious and are far less likely to affect employment or housing opportunities, especially if a non-disclosure is later proved.
As a Class B misdemeanor, an Obstruction of a Highway charge can serve as an alternative for those facing DWI charges in the San Antonio area. Not every person who was arrested for a DWI may qualify for this reduction; in fact, many do not.