Obstructing Highway or Other Passageway

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Obstruction of a highway is a Class B misdemeanor

Statute(s)

Sec. 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.

(a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly:
   (1) 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 any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or
   (2) 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:
      (A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or
      (B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.
(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.
(c) An offense under this section is a Class B misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Caselaw

Collateral Consequences

Obstruction of a highway is known mostly for its lackof collateral consequences. See  the notes section

Notes

This offense is used by prosecutors almost exclusively as a lesser included offense to Driving While Intoxicated . DWI charges are reduced to Obstructing a Highway when the evidence against the defendant is not particularly strong, and both Prosecutor and Defendant want to avoid a trial.

This offense is preferable to DWI even though it is the same punishment level, because unlike DWI, it can be disposed with Deferred Adjudication and it does not result in License_suspension or Surcharges like DWI.

Discuss this offense with The Law Office of Alison Grinter