Urdiales v. State

OPINION

Opinion by:

PHYLIS J. SPEEDLIN, Justice.

On appeal, Michael Urdíales asserts that the criminal statute that proscribes “racing on a highway” is unconstitutionally vague because it can be applied to the innocent conduct of mere passing on a highway. See Tex. Transp. Code Ann. § 545.420(a)(1) (Vernon Supp. 2008). Specifically, Urd-íales challenges the portion of the statute defining the type of “racing” with which he was charged: using one or more vehicles in an attempt to “outgain or outdistance another vehicle.” See Tex. Transp. Code Ann. § 545.420(b)(2)(A) (Vernon Supp. 2008). Because…