Bailey v. State

304 S.W.3d 544 (2009)

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Bailey v. State

Texas Court of Appeals
304 S.W.3d 544 (2009)

Facts

Joe Don Bailey (defendant) got into a single-car accident while driving on a winding two-lane road one night around 1:45 a.m. After the accident, Bailey’s truck was blocking both lanes of traffic and lying on its side. Bailey immediately called a friend to help but left the scene. Bailey’s friends eventually called a tow truck, which arrived on the scene around 3:30 a.m. to remove the truck. Around that time, deputy sheriffs showed up to investigate the accident and realized Bailey had left. Bailey was charged with the crime of obstructing a highway. At his trial, the state referred to the truck wreck as an accident. Witnesses testified that the truck created a hazardous condition on the road because it was impossible to see from any distance. Bailey was convicted and appealed, arguing that the evidence did not support a finding that he intentionally, knowingly, or recklessly obstructed the road at the time of the accident. The state argued that he acted recklessly by leaving the scene while the truck was blocking the road and without taking precautions to warn approaching motorists.

Rule of Law

Issue

Holding and Reasoning (Hilbig, J.)

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