Y'all Think You Can Catch Me Now?

Posted By Navid Alband || 12-Nov-2010

Watch the Clip Here.

Where am I to begin when it comes to the Dukes?

First of all, there is no seat belt wearing in this clip. And for one of the more minor crimes they are guilty of, they are certainly guilty of not wearing a safety belt under Texas Penal Code § 545.413. A person has committed a misdemeanor punishable by a $25 to $50 fine when a person that is (1) at least 15 years of age is (2) riding in the front seat of a passenger vehicle (3) while the vehicle is being operated and is (4) not secured by a seat belt (5) where the car is equipped with a seat belt.

And we cannot get to any more crimes without addressing the abundance of reckless driving. A person commits the offense of reckless driving if they drive a vehicle in a willful or wanton disregard for the safety of persons or property under TRC § 545.401. An offense under this section is a misdemeanor punishable by a maximum fine of $200 and/or confinement in jail for not more than 30 days.

There is also a good deal of evading arrest in this movie. A person commits this offense when he intentionally flees from a person he knows is a peace officer attempting to lawfully arrest or detain him. Tex. Pen. Code § 38.04.

Assault is also a common theme throughout this clip, from the bar fight to Uncle Jesse knocking out Boss Hogg. Assault is where a person intentionally, knowingly, or recklessly causes bodily injury to another. Even pretty Miss Daisy Duke would be guilty of this one.

The crooked Commissioner of Hazzard county, Boss Hogg, may be guilty of abuse of office in three capacities under Texas Penal Code § 39.

One of the offenses he could be guilty of his Abuse of Official Capacity; which is where a public servant, with the intent to harm or defraud another, he intentionally or knowingly violates a law relating to the public servant's office or employment; or misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody by virtue of the public servant's office. He would be guilty under this section because of his actions towards the Dukes.

The second offense would be Official Oppression. A public servant acting under color of his office or employment commits an offense if he intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful is guilty of Official Oppression.

Finally, he may be Misusing Official information. A public servant commits this crime when, in reliance on information to which he has access to because of his office that has not been made public, he acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information. Boss Hogg would be guilty of either the second offense or this offense due to his actions in attempting to turn Hazzard into a strip coal mine.

A person commits the offense of theft when they unlawfully appropriate property with the intent to deprive the owner of the property. It does not appear to me that the Duke boys could get the safe back in one piece even if they wanted to, which they clearly do not. TPC § 31.01

Let us look at the scene where Luke and Uncle Jessie are lighting moonshine and throwing it back at the police cars. Under the Texas Health and Safety Code § 365.012 Luke and Uncle Jessie may be guilty of Illegal Dumping. One is guilty of this offense when they dispose or permit the disposal of litter or other solid waste at a place that is not an approved waste site. But more likely they will be guilty of capital murder and attempted capital murder. One commits capital murder when they intentionally or knowingly cause the death of another human being and that person is a peace officer. However, they would be guilty of attempted capital murder for those that were not killed.

Looks like the Duke boys are in a lot more trouble than they bargained for.

Fort Worth Criminal Defense Lawyer

Office Location:

The Alband Law Firm
Fort Worth Criminal Defense Lawyer
1130 South Henderson Street,
Fort Worth, TX 76104
Directions [+]

Call for a free consultation

817.997.4366

Follow Us On:

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.