CLIENT ARRESTED IN HARRIS COUNTY FOR ASSAULTING RETIRED MARINE WORKING FOR A UTILITY MARKING COMPANY.
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 STOPPED IN HARRIS COUNTY BY TROOPER FOR FAILURE TO MAINTAIN SINGLE LANE.
Client admitted to consuming 8-9 beers. BAC .17 percent.
CLIENT WAS DRIVING FRIENDS HOME FROM A BAR AFTER CLOSING TIME.
Client was stopped in Austin County by a Sealy officer for running a red light. Client 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.
STATE VS. KIRK DWI: BAC 247–HOSPITAL BLOOD
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 was broken.
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 ambulance.
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.
CLIENT STOPPED IN FORT BEND COUNTY FOR SPEEDING AND FAILURE TO MAINTAIN A SINGLE LANE.
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 STOPPED BY TROOPER IN WALLER COUNTY FOR SPEEDING.
Client and passenger both possessed open containers–tall boys. Both admitted to consuming alcohol. Driver arrested for DWI. Passenger arrested for PI.