The Texting While Driving Defense

Texting and driving is a dangerous.  It is also a great way to get pulled over and suspected of DWI.  Every Houston DWI Attorney has had a client come into their office and explain the reason they were weaving was because they were texting a friend, not because they were drunk.

Studies have shown that texting while driving is actually more dangerous than driving while intoxicated and driving while on the phone combined.  I mean, think about it.  When you are drunk you are watching the road.  When you are talking on your phone, you are watching the road.  But when you text, you are looking at your phone searching for each letter/number.

So what does this have to do with DWI?  When you swerve around the road it looks like you are drunk!  So if you have had anything to drink at all you should just turn your phone off and put it away.  It is not worth being arrested.  You might be driving legally (under a blood alcohol level of .08), but you are going to appear as if you were more intoxicated based on your bad driving.  Prosecutors love to use bad driving facts against you in court, so don’t give them any more ammunition than necessary.

Some attorneys have used a texting while driving defense, and sure, the studies related to texting while driving could show that was the reason for the poor driving.  But what the jury is going to be able to interpret is, “Well he wasn’t legally drunk, he just looked that bad on the road because he was doing something that has been proven to be even more dangerous than driving drunk!”

So legally it could be a good defense, but you sure are not going to win the heart of jurors.  But if you are stuck in the unfortunate position of being charged with DWI when you were not drunk, then you need to contact a Houston DWI Attorney as soon as possible.  This defense is just one of many creative defenses that have been thrown around the courthouse.

Of course every case is different, so this might not pertain to you.  But hopefully you can read this, store it in the memory bank, pass it on to friends, and try to prevent it from happening in the future.  Again, if something does happen, a good DWI Lawyer in Houston should be able to break the case down for you and explain every possible outcome.

Eric Benavides
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Eric Benavides

Criminal Defense Attorney at Benavides & Serrano
Eric Benavides is a Houston Criminal Defense Attorny and immigration lawyer.He is one of the co-founders of Benavides and Serrano.He is a member of the Harris County Criminal Defense Lawyers Association, Texas Criminal Defense Lawyers Association, Houston Young Lawyers Association, and is licensed to practice law in the state by the Supreme Court of Texas and federally by the Southern District of Texas.
Eric Benavides
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