Intox Assault Dallas County TX, long story

[TXslim]

What is the name of your state? Texas.

Here is the back story. I play music in a country band, and also own and operate my own screen print business. Prior to Jan 8, 2006 I have never been in ANY legal trouble at all. I currently hold a CHL. I also suffer from severe sleep apnea. Anyway, on to the events of Jan 8, 2006.

Early in 2006 (Jan 8) I used my resources as a somewhat popular local musician to organize and put on a charity Bike & Hot Rod run, to benefit a local no kill dog shelter. I stayed up late the night before, printing tee shirts for the event. The morning of the event came early, and I started the day at 8am, already exhausted (from staying up late, and my sleep disorder.) The event was great, with over 100 cars and bikes in attendance, and raising around $1000 for the dog shelter.

On my way home, around 7:30pm on the night on Jan 8, I fell asleep on my motorcycle only 2 miles from my house. I rear ended a Honda car at a red light. I was very severley injured, and was in the hospital for nearly a month, followed by three more months of recovery before I could even walk on crutches. I was wearing a helmet, which I am sure saved my life. And yes, I did have some alcholol in my system.

The lady who was in the Honda was taken to the hospital, and was released within 24 hours. My insurance paid her medical and auto claim within only a week or two.

I have been charged with intox assault, and have already done a walk through with Dallas County, and am currently waiting on a court date.

My questions and concerns are as follows:

What sould I reasonably expect to come of this?

Will I loose my handgun liscense?

With the lady who I ran into only recieving minor injuries, is this really even intox assault?

Will I have to serve any actual jail or prison time?

Will I be labeled a "convicted felon" which would result in not being able to get hired for any job (all job aplications ask this question.)

I am a hard working American who has always played by the rules. Any lesson that I needed to learn has been learned (I will never walk right again, and am in debt up to my ears with medical bills.) The thought that my life will be ruined over a motorcycle accident that only really hurt me, scares the crap out of me. I am an up standing member of soceity who is always lending my good name and hard work to worthwhile legitimate charities. Becoming a victim of the legal system is not going to help me, or anyone else.

What should I expect from all this? What, if anything, should I do?

Thanks, Slim

[justsomeguy]

Hey Slim,

Sorry I'm not going to be much help for you. I was just curious if it was Op Kindness you were working with? I work with them in my company and donate a lot to them.

You'll get alot of mixed responses here, just filter through them and take them all as advice and constructive criticisim, there is some good info here.

Best of luck to you

[moburkes]

§ 49.07. INTOXICATION ASSAULT. (a) A person commits an
offense if the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or
amusement ride while intoxicated, or while operating a motor
vehicle in a public place while intoxicated, by reason of that
intoxication causes serious bodily injury to another; or
(2) as a result of assembling a mobile amusement ride
while intoxicated causes serious bodily injury to another.
(b) In this section, "serious bodily injury" means 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. (c) An offense under this section is a felony of the third
degree.

You need an attorney.

[TXslim]

No, not Operation Kindness, although I am familiar with them. In fact, the place that I was leaving when I had my motorcycle wreck is a big supporter of Operation Kindness.- Slim

[garrula lingua]

You need a good criminal defense atty, who will subpoena the medical records of the woman. Your case depends on those medical records and whether her injuries were serious.
Many jurisdictions consider lacerations requiring stitches, broken bones or impairment of a major function, a serious bodily injury.

It sounds as though this should be a standard dui/dwi.