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 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.
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.
DWI 0.16 BREATH
PROSECUTOR DECLINES TO PURSUE CHARGES
Client stopped for expired registration and arrested for DWI after failing standardized field sobriety tests. Client provided a breath sample showing an alcohol concentration of 0.16. Immediately after making bond client contacted Phil Baker Law and made an appointment. During his initial consultation Phil Baker identified critical mistakes made by the arresting officer. We contacted the police department and the prosecutor’s office requesting additional information concerning the investigation, arrest and breath test. Following a thorough review the facts of this case, the county attorney exercised its prosecutorial discretion and declined to pursue charges.
POSSESSION OF CONTROLLED SUBSTANCE
Client’s car was stopped for speeding. Following the stop, the Trooper conducted a PC search based on the odor of marijuana emitting from the vehicle. Drugs were found throughout the vehicle and in the client’s purse. Client was arrested for misdemeanor possession of marijuana and felony possession of a controlled substance. State originally offered Client deferred adjudication on the felony. Unhappy with the offer, Client fired her first attorney and hired Phil Baker Law. After reviewing the State’s evidence, Phil Baker concluded that the felony charges could not be proven beyond a reasonable doubt. The State dismissed all felony charges after client agreed to plead guilty to misdemeanor possession of marijuana.
Client was pulled over for failing to maintain a single lane. Officer observed the strong odor of an alcohol coming from my client’s breath, slurred speech and client admitted drinking one shot of whiskey. Client was arrested after failing the standardized field sobriety tests and agreed to provide a blood sample. Crime lab analysis showed no alcohol was present and his blood was retested for drugs. Upon retesting, Client’s blood was positive for alprazolam. Phil Baker evaluated the State’s evidence concluding that it could not prove DWI beyond a reasonable doubt. Client had a prescription for alprazolam and the levels in found to be present in the Client’s blood were within the normal therapeutic range.
POSSESSION OF MARIJUANA
Client’s vehicle was stopped for failure to use a turn signal when required. The officer conducted a PC searched of the vehicle based on the odor of marijuana coming from the vehicle. Client and his passenger were arrested for possession of marijuana. Phil Baker reviewed the State’s evidence and the law concluding that the stop was illegal. After filing a Motion to Suppress the state agreed with Phil Baker and dismissed the case because of the bad traffic stop.
FELONY DWI 3RD OR MORE 0.082 BREATH TEST
Client was detained by park police for not displaying a pay tag on the window of his vehicle. The officer observed that a strong odor of an alcoholic beverage coming from the client and that he had red bloodshot eyes. Client was honest and admitted that he had not paid to enter the park, that he had been drinking and that he was in possession of marijuana. After failing field sobriety tests, client was arrested for Felony DWI 3rd or more and possession of marijuana. At the jail, Client blew 0.08 on the breath test. Phil Baker reviewed the State’s evidence and concluded that the DWI case could not be proven beyond a reasonable doubt. Phil Baker met with the prosecutors who agreed to dismiss the Felony DWI and proceed only on the misdemeanor possession of marijuana.
POSSESSION OF MARIJUANA
Client was involved in a traffic accident. Upon arrival, the police detected the odor of marijuana coming client’s vehicle. Client was arrested after the officer found marijuana in the vehicle and client admitted it belonged to him. Client was a student with a clean record. Client agreed to participate in the county’s pre-trial diversion program. After successful completion, the client’s case was dismissed by the state and the arrest was expunged from his record.