Comal County, TX — May 20, 2024, Dalli Miller was injured as the result of an alleged drunk driver accident at around 9:21 p.m. on R.M. 32.
Authorities said in preliminary statements that the crash happened in the 4800 block of R.M. 32 in the Canyon Lake area.
According to officials, 21-year-old Dalli Miller was in a Hyundai Elantra going eastbound along R.M. 32. From the oncoming lane, it appears a westbound Jeep Grand Cherokee went left of center, resulting in a head-on collision with Miller. As a result, Miller had serious injuries while the other driver had less severe injuries.
Commentary by Attorney Michael Grossman
Current statements say police believe the Jeep driver was under the influence of alcohol at the time. They recommended charges for intoxication assault. I certainly can’t speculate about the veracity of these allegations, but they suggest that authorities might have pretty damning evidence here. Intoxication assault happens to involve certain legal factors I have experience with, and it gives some insight into what authorities may be working with.
To put it simply, I’ve handled hundreds of cases against negligent alcohol providers who over-serve drunk drivers that then cause accidents and hurt people. In those cases, it’s up to my team and I to prove certain factors. Primarily, we have to show that intoxication was the proximate cause of the victim’s injuries, and we have to show the alcohol provider served the intoxicated person while they were obviously intoxicated. Similarly, for prosecutors to prove someone is guilty of intoxication assault, they, too, must show that the intoxication was the proximate cause of the accident that led to someone getting hurt. But here’s where things become rather distinct.
In the civil court system, there is a lower burden of proof. When we have to prove intoxication as a proximate cause, we have to show that it is more likely than not true. In the criminal courts, as many likely already know, the standard is beyond a reasonable doubt. So when I see potential charges like intoxication assault, I think about all the evidence we use in our cases against alcohol providers: blood-alcohol content, witness statements, credit card records, security video, medical expert testimony, etc. If authorities are confident they can overcome an even higher burden of proof than the civil courts require, just think about how confident they must be in the evidence they have. It makes me wonder what more about this accident may come to light as investigations continue.
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