Obstructing Highway or Other Passageway

Obstructing Highway or Other Passageway

Obstructing a Highway or Other Passageway is a criminal offense in Texas.  This offense is rarely charged but it is a lesser included offense of DWI.  For this reason, many defense attorneys seek to resolve DWI cases as an Obstructing Highway offense. 


Under section 42.03 of the Texas Penal Code, the elements of Obstructing Highway or Other Passageway are:

A person;

Without legal privilege or authority;

 Intentionally, Knowingly, or Recklessly;

Obstructs a highway street, sidewalk, railway, waterway, elevator, aisle, hallway entrance, or exit to which the public or a substantial group of the public has access; or

Obstructs any other place used for the passage of persons, vehicles, or conveyances.


A person;

Without legal privilege or authority; Intentionally, Knowingly, or Recklessly;

Intentionally, Knowingly, or Recklessly;

Disobeys a reasonable request or order to move;

Issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises;

To prevent obstruction of a highway or any area listed above; or

To maintain the public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard

DWI cases present people with a lot of headaches.  Understanding your options is the only cure.  If you need to discuss your situation, call Brian J. Newman at 817-231-0023.  Waiting to start working on a DWI case may hurt your outcome. 

Attorneys at the Law Office of Brian J. Newman are highly effective. I was accused of a crime, but I never had to attend court as the charges were dismissed thanks to my attorney's effort. I was worried sick because I did not know anybody who could confirm my location, but my lawyer was able to prove my innocence

- Pete.




I was wrongfully accused of DWI, and I can only say that reaching out to the Law Office of Brian J. Newman for help was the best decision I ever made. My lawyer helped me navigate my legal troubles reliably and thoroughly. Thanks to his effort, I have a criminal-free record because he properly defended me. I recommend this law firm to anyone, anytime

- Drake.


My son has his life back! He was charged with an offense he did not commit, but through the hard work and dedication of attorney Brian J. Newman, the jury found my son not guilty. I will forever be grateful to Mr. Newman. If accused of any crime, you will be best served and represented by the Law Office of Brian J. Newman

- Spencer.