Blog of Charles Bryan Alred
12-Year-Old Crashes Vehicle While Intoxicated
Posted on December 2, 2016
A 12-year-old boy in Austin, Texas, was arrested after he led police officers on a chase before crashing the vehicle he was driving into a utility pole and flipping the vehicle. Officers began to suspect the driver was impaired after he was spotted swerving over the line multiple times before the car accident occurred. What the officers did not expect to find was a 12-year-old boy, notably intoxicated, at 7:30 in the morning. The boy immediately tried to flee police when they attempted pulling him over, leading him to collide with another vehicle and eventually crash into the utility pole. He was taken to a local hospital with minor personal injuries and has since been cleared to leave.
The Young Boy’s Charges
The young boy is facing a number of charges, including driving while intoxicated, evading arrest, and failure to stop and render aid. When the boy hit the other vehicle and continued on, he committed a ‘hit and run’ and thus failed to render assistance. It is expected that the boy will be charged as a juvenile. His previous criminal history has not been released.
The minimum age of criminal liability is different in every state; while Oklahoma does not set a minimum age, allowing an otherwise minor child to be charged with adult crimes, Texas has a minimum age of 14 years old for criminal liability. Many states also use a capacity test to determine the intellectual ability and maturity of the child; a much different standard than that used for adults.
The capacity test for children measures how a similar child of the same age, intelligence and experience would act, while adults are held to a reasonable person standard, a standard which measures what a reasonable person would do if they were in the same situation. Thus, the test for applying to children is subjective, while the adult test is objective in nature, measuring against the general population versus taking into account personal characteristics.
Tulsa Car Accident Lawyer
If you or someone you know was injured due to the negligent, impaired driving of another and seeks legal recourse, we can offer you options. If you would like to discuss your case with a team of experienced and knowledgeable attorneys, contact the office of Charles Bryan Alred, PC. To get in touch with our office, you can dial 918-745-9960 for a free initial consultation with one of our legal professionals, or get online and contact us using our website. We have many years of dealing with Tulsa Auto Accidents and Tulsa Personal Injury cases.