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Marion Man Charged with Second Degree Felony

 Posted on September 17,2012 in Uncategorized

A man was arrested in early September for a fatal three-car crash that occurred in downtown New Braunfels, according to KGNB News Radio. Matthew David Hickey, of Marion, “was allegedly intoxicated and behind the wheel of his Toyota Tundra a little after 6:15pm.” According to KGNB, Hickey was “traveling at a high rate of speed when he came around the corner, lost control of the truck, and drifted into the opposite lane of traffic.” Hickey managed to sideswipe a pickup truck before ramming head-on into a Ford Ranger.

Petra Hernandez, 61, of New Braunfels, was a passenger in the Ranger and died of her sustained injuries after being airlifted to University Hospital. A passenger in Hickey’s truck, a 25-year-old San Antonio man, was also injured and airlifted. Hickey was charged with multiple charges, the “most serious of which is one count of 2nd degree felony Intoxication Manslaughter.” If convicted, he faces two to 20 years in prison.

DUI laws vary by state, but most DUIs without further consequence are characterized as misdemeanors across the country. According to FindLaw.com, if a driver as an elevated blood alcohol content (.08 or above), causes bodily harm to a passenger or other driver, has prior convictions, children in the vehicle, or is driving on a suspended / revoked license, the misdemeanor will most likely be elevated to a felony charge. Hickey’s accident, of course, is a felony because of the bodily harm caused. Hickey was taken to Comal County Jail and held on $25,000 bail, which was posted soon after.

According to the Texas Department of Transportation, someone is killed in a drunk driving accident every 20 minutes in Texas. If you or someone you know has been involved in a drunk driving accident, you may be eligible for compensation. Don’t go through it alone. Contact a dedicated New Braunfels personal injury attorney today.

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