Complaining witness was blocking traffic while marking underground utilities.
Client was accused of threatening worker by honking his horn, racing his
engine, and striking the worker with his truck. Our investigation showed
that complaining witness had previously assaulted his wife and threatened
an off duty social worker with a gun. State refused to dismiss. Jury acquitted
after five-day trial.
Client and passenger both possessed open containers--tall boys. Both admitted
to consuming alcohol. Driver arrested for DWI. Passenger arrested for PI.
Admitted to drinking and failed the field sobriety tests. BAC .13 percent.
Judge granted defendant's motion to suppress during second day of trial.
Client admitted to consuming 8-9 beers. BAC .17 percent.
He was stopped in Austin County by a Sealy officer for running a red light.
He admitted to drinking and was found to be in possession of marijuana.
It was proven during trial that officer's offense report was full
of boilerplate language and was identical to other reports from unrelated
cases. Jury did not find state's witnesses credible.
Driving Facts: Defendant lost control of his car, crashed into the center highway divider
and totaled his vehicle. All airbags were deployed and the windshield
Initial Contact: At the scene, Defendant appeared unsteady on his feet, had bloodshot eyes
and admitted that he had been drinking the night before the accident.
When asked why he lost control of his vehicle, Defendant stated that he
was tired having driven all day from Florida.
SFST’s: Defendant agreed to perform SFST’s with the following results: HGN--6/6;
W/T--6/8; and, OLS--3/4. He was arrested and taken into custody. After
being placed into a patrol car, Defendant complained that he felt dizzy.
He was released from custody and transported to the local hospital by
Blood Test: An ER nurse drew Defendant’s blood and the hospital lab reported
a 247 BAC. Troopers obtained the hospital records via grand jury subpoena
charged the Defendant with DWI > .15. At trial, the Defendant’s
hospital records were admitted into evidence over objection. The blood
test results were later converted to .209 by a technical supervisor.