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How can a motor vehicle be a deadly weapon?
A motor
vehicle is a "deadly weapon" where an alcohol related
accident results in a death. Recently, the Texas Court of
Criminal Appeals has held that intoxicated drivers who are
involved in such accidents can be found to have used a
"deadly weapon." Tyra v. State, 897 S.W.2d 796 (Tex.Cr.App.
1995), Walker v. State, 897 S.W.2d 812 (Tex.Cr.App. 1995). If
death results from the manner of use of the vehicle, the vehicle
could be a "deadly weapon" in the eyes of the law. In
these cases, the manner of use was capable of causing death and
therefore, the driver's were found to have used a "deadly
weapon." In light of these recent cases, it is easy to see
how a misdemeanor DWI can become a 20 year prison sentence when
someone dies as a result of an alcohol related accident.
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