The penalties for DWI are serious in Texas. Intoxicated drivers who cause a death often end up behind bars for a considerable time. One Texas driver who caused a fatal DWI crash was given an unusual condition to his sentence.
Travis Elwell, 23, of Mesquite was sentenced to serve 120 days in jail for the death of Emily Javadi in 2015. A judge also sentenced him to return to a jail cell on the anniversary of Javadi’s death for the next nine years.
The New York Post reported the woman was killed as she loaded items into her car in Dallas. Elwell had a blood alcohol content of 0.175 when he hit Javadi – more than twice the legal limit. She was pushed into a metal pole and died an hour later.
Javadi’s parents and prosecutors reached a plea deal with Elwell. As well as the 120 days in jail and 10 years’ probation he will serve one week in jail on the anniversary of Javadi’s death on Feb. 10, 2015, for the next nine years.
Under the terms of his probation, Elwell is banned from drinking alcohol. He must attend Alcoholics Anonymous meetings and give talks to drunken driving support groups.
Karen Javadi, the victim’s mother, said a longer sentence would have negatively impacted Elwell’s child. However, she said the terms of Elwell’s probation prevents his punishment being overly lenient.
She told the Dallas Morning News the justice system allows some defendants to get probation for offenses like Elwell’s. She hoped he would turn his life around.
Javadi’s memory will live on through the Emily Javadi Foundation. It provides scholarships for people seeking to fulfill their entrepreneurial or fitness potential, according to its website.
When a DWI Crash Can Lead to Intoxication Manslaughter
Texas has a category of homicide that applies solely to situations in which a driver under the influence of alcohol or drugs operates a motor vehicle and causes the death of someone else. The crime is intoxication manslaughter.
Texas is the only state that codifies “intoxication manslaughter” as a separate offense. However, other states have similar homicide laws that apply when a drunk driver causes a death.
Intoxication manslaughter is a category of vehicular manslaughter. The offense is charged as a second-degree felony and carries a term of 2 to 20 years in jail. Read more about vehicular manslaughter crimes here.
If you have been charged with intoxication manslaughter or another DWI offense, please call our criminal defense lawyers at Peek & Toland at (512) 474-4445.