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.
Elements
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.
OR
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.
