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. 

For criminal defense, Brian really knows Texas Criminal Law and the rules of law. He's prepared when he goes to trial and ready with really good objections. - Laura G.




Extremely satisfied client
Mr. Newman was an excellent help to my case. I had a possesion of marijuana case and was extremely pleased with the outcome of my case. I will recommend him in the future to anyone I know that has a need for a criminal justice attorney, and should I ever need his services again I will gladly contact him. He is a very straight forward and no nonsense individual and it was a pleasure being assisted by him. - Philip 

Fantastic Fort Worth defense attorney! Brian J. Newman represented my son and I could not be happier with his work. Thank you so much for your help. - Michael S. 






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