Maciel v. Texas (original by judge mcclure iii)
Annotate this CaseAppellant Bethany Maciel was convicted by jury of driving while intoxicated (DWI) with an alcohol concentration level of 0.15 or more, a Class A misdemeanor. The trial court assessed punishment at twenty days in jail and a $2,500 fine. Appellant claimed the trial court erred by denying her requested jury instruction on the defense of necessity. The court of appeals held that there was no error in refusing the jury charge on necessity. After review, the Texas Court of Criminal Appeals disagreed and held that Appellant was entitled to a jury instruction on necessity, and the failure to include it was harmful.
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