State of Texas v. J.R. - Dismissed on November 3, 2004
On June 12, 2004 at 1:18am, Defendant was following friends to a local bar when he was stopped for speeding, traveling 57mph when restricted to 35mph on Travis Street in Houston, Texas. The police officer observed an odor of alcohol, red/bloodshot eyes, and slurred speech. When asked whether he had anything to drink, the Client admitted to three drinks. The officer asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the officer observed the following 2 clues: Client swayed and dropped his foot twice. On the Walk and Turn Test the officer observed the following 2 clues: made an improper turn by turning the wrong way, as for the second clue the officer's report was inconsistent because at one point the officer reported that Client stepped off the line on the second nine steps and at another point the officer reported that Client missed heel to toe on the second nine steps. Later, Client refused to take a Breath Test.
After viewing the video I observed that Client spoke clearly and precisely throughout the encounter. I also observed Client to stand perfectly still during the HGN Test. On the One Leg Stand Test I observed that Client to stand perfectly still. I did observe Client to put his foot down twice, but Client has had two knee surgeries. On the Walk and Turn Test I observed that Client's feet were not visible on the video. But it did not appear Client had any difficulty in performing the test, and I did not hear the officer instruct Client to turn a specific direction. In my opinion, Client scored one clue each on both the One Leg Stand and the Walk and Turn tests, which means he passed both tests. The officer had Client recite the ABCs starting with G and ending with X, and I observed Client to do so perfectly and without hesitation.
Sunday, June 6, 2010
Harris County DWI Dismissed ...Client Accidently Drove Through Police Barricade
State of Texas v. J.B. - Dismissed on November 29, 2005
At approximately 2:00am on August 27, 2005, Client and three friends were on their way home after a night of partying in Houston. Client was driving and eating his Whatabuerger, and when he looked down to open his food Client failed to notice that Highway 225 in Houston, Texas was blocked off due to a major accident. Client's car broke through the barricade, but Client was able to steer his car to a stop before doing any further damage. Client was arrested by a Harris County Deputy Constable from Presinct No. Eight. In Client's car, the deputy found 4 empty beers and 10 unopened beers. One of Client's passengers was arrested for possession of drug paraphernalia when a marijuana pipe was found in his possession. The deputy reported that he observed an odor of alcohol, glassy bloodshot eyes, and slurred speech. When asked whether he had anything to drink, Client admitted to drinking 2 beers. The deputy asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the deputy observed the following 1 clue: Client swayed; althought these are not recognized clues for grading the Walk and Turn Test, the deputy included the following clues: failed to follow instructions, failed to maintain position during instructions, counted improperly. On the Walk and Turn Test the deputy observed the following 3 clues: failed to maintain balance in the start position, missed heel to toe, and improper turn; althought these are not recognized clues for grading the Walk and Turn Test, the deputy included the following clues: that Client failed to follow instructions, that Client was unsteady on his feet and had touble maintaining balance. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal and to perform all Standardized Field Sobriety Tests almost perfectly. On the One Leg Stand Test I observed Client to begin before being told to start. On the Walk and Turn Test I observed the Client to make an improper turn. As for Client refusing the Breath Test, Client is read the Implied Consent Warning through the window while cuffed in the back seat of patrol car. When the deputy is finished reading the Implied Consent Warning, Client states "OK sure".
In short the deputy lied in his report because he was going to arrest Client for something. The deputy purposely dodged my process serve in her attempts to serve deputy with a subpeona for the ALR hearing, I certain he did not want his lies to become part of a court transcript.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of his mental or physical faculties by reason of the introduction of alcohol into his body, or 2) dismiss the case.
At approximately 2:00am on August 27, 2005, Client and three friends were on their way home after a night of partying in Houston. Client was driving and eating his Whatabuerger, and when he looked down to open his food Client failed to notice that Highway 225 in Houston, Texas was blocked off due to a major accident. Client's car broke through the barricade, but Client was able to steer his car to a stop before doing any further damage. Client was arrested by a Harris County Deputy Constable from Presinct No. Eight. In Client's car, the deputy found 4 empty beers and 10 unopened beers. One of Client's passengers was arrested for possession of drug paraphernalia when a marijuana pipe was found in his possession. The deputy reported that he observed an odor of alcohol, glassy bloodshot eyes, and slurred speech. When asked whether he had anything to drink, Client admitted to drinking 2 beers. The deputy asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the deputy observed the following 1 clue: Client swayed; althought these are not recognized clues for grading the Walk and Turn Test, the deputy included the following clues: failed to follow instructions, failed to maintain position during instructions, counted improperly. On the Walk and Turn Test the deputy observed the following 3 clues: failed to maintain balance in the start position, missed heel to toe, and improper turn; althought these are not recognized clues for grading the Walk and Turn Test, the deputy included the following clues: that Client failed to follow instructions, that Client was unsteady on his feet and had touble maintaining balance. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal and to perform all Standardized Field Sobriety Tests almost perfectly. On the One Leg Stand Test I observed Client to begin before being told to start. On the Walk and Turn Test I observed the Client to make an improper turn. As for Client refusing the Breath Test, Client is read the Implied Consent Warning through the window while cuffed in the back seat of patrol car. When the deputy is finished reading the Implied Consent Warning, Client states "OK sure".
In short the deputy lied in his report because he was going to arrest Client for something. The deputy purposely dodged my process serve in her attempts to serve deputy with a subpeona for the ALR hearing, I certain he did not want his lies to become part of a court transcript.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of his mental or physical faculties by reason of the introduction of alcohol into his body, or 2) dismiss the case.
Harris County DWI Dismissed ...Stopped for Speeding ...Admitted to 2 or 3 Beers ...Passed the One Leg Stand Test ...But Arrested for Driving While Intoxicated
State of Texas v. C.J. - Dismissed on December 19, 2006
At 2:55 am on August 24, 2006, Client was driving home after leaving a local bar when he was stopped for speeding, traveling 67mph when restricted to 35mph on Bay Area Boulevard in Houston, Texas. The officer also reported that Client changed lanes 2 to 3 times without signaling, and that Client hit the curb when making a right turn on to Saturn. Once stopped, the officer observed a strong odor of alcohol. The officer does not report observations about Client's ability to walk or turn, but does report that Client swayed while balancing. The officer further reports that he observed Client's eyes to be bloodshot and that Client's speech was slurred. When asked whether he had anything to drink, Client admitted to drinking 2 or 3 beers. The officer asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the officer observed the following 1 clue: Client swayed; which means the officer agrees that Client passed the One Leg Stand Test. On the Walk and Turn Test the officer observed the following 3 clues: missed heel to toe, uses arms for balance, and wrong number of steps on the return, improper turn. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal, and I did not dectect any slurred speech when Client spoke. I also observed Client to perform all Standardized Field Sobriety Tests in a satisfactory manner, I did not oberserve Client to sway at any point during the encounter. Client’s performance was not perfect, but perfection is not required. Client took several extra steps when walking back down the line on the Walk and Turn Test. Client's use of arms for balance was minimal if none existent, and it did not appear that Client missed heel to toe at any point while walking the line. The District Attorney would have to prove that Client intoxicated because he made an improper turn and took the wrong number of steps on Walk and Turn Test, remember Client passed the One Leg Stand Test.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of his mental or physical faculties by reason of the introduction of alcohol into his body, or 2) dismiss the case.
At 2:55 am on August 24, 2006, Client was driving home after leaving a local bar when he was stopped for speeding, traveling 67mph when restricted to 35mph on Bay Area Boulevard in Houston, Texas. The officer also reported that Client changed lanes 2 to 3 times without signaling, and that Client hit the curb when making a right turn on to Saturn. Once stopped, the officer observed a strong odor of alcohol. The officer does not report observations about Client's ability to walk or turn, but does report that Client swayed while balancing. The officer further reports that he observed Client's eyes to be bloodshot and that Client's speech was slurred. When asked whether he had anything to drink, Client admitted to drinking 2 or 3 beers. The officer asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the officer observed the following 1 clue: Client swayed; which means the officer agrees that Client passed the One Leg Stand Test. On the Walk and Turn Test the officer observed the following 3 clues: missed heel to toe, uses arms for balance, and wrong number of steps on the return, improper turn. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal, and I did not dectect any slurred speech when Client spoke. I also observed Client to perform all Standardized Field Sobriety Tests in a satisfactory manner, I did not oberserve Client to sway at any point during the encounter. Client’s performance was not perfect, but perfection is not required. Client took several extra steps when walking back down the line on the Walk and Turn Test. Client's use of arms for balance was minimal if none existent, and it did not appear that Client missed heel to toe at any point while walking the line. The District Attorney would have to prove that Client intoxicated because he made an improper turn and took the wrong number of steps on Walk and Turn Test, remember Client passed the One Leg Stand Test.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of his mental or physical faculties by reason of the introduction of alcohol into his body, or 2) dismiss the case.
Saturday, June 5, 2010
Harris County DWI Dismissed ...Excessive Force and Illegal Entry ...No Evidence of Operation
State of Texas v. K.P. - Dismissed on October 27, 2006
On August 24, 2006 at 1:25am, police were dispatched to an accident at the intersection of Bissonnet and Ashby in Houton, Texas. At the scene officer's observed that the driver of a 2003 Infinity had lost control struck a curb and left the roadway hitting a guide wire contected to a utility pole. Officers spoke to a witness who stated that he was a passenger in the vehicle and that just prior to the accident he and the driver were arguing and that the driver was punching him in the face when he lost control. Witness stated that the driver ran from the secene and that driver was staying just a few blocks away. Witness directed officers to Client's residence. Additional witnesses stated that they saw a young man run from the scene, but no one but the alleged passenger identified Client as the driver. Once at the residence officers knocked on the front door and windows trying to get Client to answer. Officers eventually jumped a fence and went into backward and knocked on back door. Client answered the door in his underwear, telling the officers that he did not want to speak to them. Officers forced their way into home and tasered Client several times, then took him into custody. Officer reported observing an odor of alcohol, red eyes, and slurred speech. The officer also observed that Client’s ability to walk was unsteady and his balance was poor. When asked whether he had anything to drink, Client admitted drinking. The officer reported that Client refused to perform Standardized Field Sobriety Tests. Later, Client also refused to take a breath test.
In my office Client showed me marks where he was tasered at least 6 times, which were photographed. Client provided vehicle registration showing that the 2003 Infinity was registered in the home owner's name and not Client's name. Client also provided pictures that showed officers broke the French Doors on the back of the house in an attempt to gain entry. Client also stated that he was not asked to do any FSTs, which makes sense because Client was tasered six times.
Witness also came to my office and signed a sworn statement that if called to testify that he would invoke his 5th Amendment Right against self-incrimination. Witness also stated that officers conducted FSTs on him at the scene and that he told the officers that he was intoxicated.
In short, Houston Police officers on the word of an intoxicated individual found outside of the car at an accident scene, went to the address of the car's registered owner, a 70 plus year old man, and forced their way into a house with no arrest or search warrant and tasered a 20 something year old man because he did not want to come out of the house and talk to them.
On August 24, 2006 at 1:25am, police were dispatched to an accident at the intersection of Bissonnet and Ashby in Houton, Texas. At the scene officer's observed that the driver of a 2003 Infinity had lost control struck a curb and left the roadway hitting a guide wire contected to a utility pole. Officers spoke to a witness who stated that he was a passenger in the vehicle and that just prior to the accident he and the driver were arguing and that the driver was punching him in the face when he lost control. Witness stated that the driver ran from the secene and that driver was staying just a few blocks away. Witness directed officers to Client's residence. Additional witnesses stated that they saw a young man run from the scene, but no one but the alleged passenger identified Client as the driver. Once at the residence officers knocked on the front door and windows trying to get Client to answer. Officers eventually jumped a fence and went into backward and knocked on back door. Client answered the door in his underwear, telling the officers that he did not want to speak to them. Officers forced their way into home and tasered Client several times, then took him into custody. Officer reported observing an odor of alcohol, red eyes, and slurred speech. The officer also observed that Client’s ability to walk was unsteady and his balance was poor. When asked whether he had anything to drink, Client admitted drinking. The officer reported that Client refused to perform Standardized Field Sobriety Tests. Later, Client also refused to take a breath test.
In my office Client showed me marks where he was tasered at least 6 times, which were photographed. Client provided vehicle registration showing that the 2003 Infinity was registered in the home owner's name and not Client's name. Client also provided pictures that showed officers broke the French Doors on the back of the house in an attempt to gain entry. Client also stated that he was not asked to do any FSTs, which makes sense because Client was tasered six times.
Witness also came to my office and signed a sworn statement that if called to testify that he would invoke his 5th Amendment Right against self-incrimination. Witness also stated that officers conducted FSTs on him at the scene and that he told the officers that he was intoxicated.
In short, Houston Police officers on the word of an intoxicated individual found outside of the car at an accident scene, went to the address of the car's registered owner, a 70 plus year old man, and forced their way into a house with no arrest or search warrant and tasered a 20 something year old man because he did not want to come out of the house and talk to them.
Thursday, June 3, 2010
Harris County DWI Dismissed ...BAC .112 ...Breath Test Coerced
State of Texas v. C.A. - Dismissed on April 1, 2008
At 10:42 pm on December 13, 2007, Client was driving home after leaving a Texans' game when she was stopped for speeding, traveling 70mph when restricted to 50mph on the feeder of I-10 West at Fry Road in Katy, Texas. Once stopped, the trooper observed a mild odor of alcohol. The trooper does not report observations about Client's ability to walk, turn, or balance, nor does trooper report observations regarding the condition of Client's eyes or speech. When asked whether she had anything to drink, Client admitted to drinking 3-4 Bloody Marys. The trooper asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the trooper observed the following 3 clues: Client swayed, used arms for balance, and drops foot. On the Walk and Turn Test the trooper observed the following 3 clues: starts too soon, missed heel to toe (several times), and uses arms for balance. Client refused to take a breath test, then took the Breath Test and Client's BAC tested at .117 and .112.
After viewing the video I observed Client to appear completely normal, I did not detect any slurred speech when Client spoke. I also observed Client to perform all Standardized Field Sobriety Tests in a satisfactory manner, I did not observe Client to sway or have any problem with balance at any point during the encounter. Client’s performance was not perfect, but perfection is not required.
As for the BAC test, I observed the trooper reports on the DIC-24 that Client refused the Breath Test and Client signed the refusal. Client stated that the trooper said she could go home if she took the Breath Test, therefore Client was incustody and the Breath Test was coerced.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of her mental or physical faculties by reason of the introduction of alcohol into her body, because in my opinion the Breath Test result would be suppressed; or 2) dismiss the case.
At 10:42 pm on December 13, 2007, Client was driving home after leaving a Texans' game when she was stopped for speeding, traveling 70mph when restricted to 50mph on the feeder of I-10 West at Fry Road in Katy, Texas. Once stopped, the trooper observed a mild odor of alcohol. The trooper does not report observations about Client's ability to walk, turn, or balance, nor does trooper report observations regarding the condition of Client's eyes or speech. When asked whether she had anything to drink, Client admitted to drinking 3-4 Bloody Marys. The trooper asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the trooper observed the following 3 clues: Client swayed, used arms for balance, and drops foot. On the Walk and Turn Test the trooper observed the following 3 clues: starts too soon, missed heel to toe (several times), and uses arms for balance. Client refused to take a breath test, then took the Breath Test and Client's BAC tested at .117 and .112.
After viewing the video I observed Client to appear completely normal, I did not detect any slurred speech when Client spoke. I also observed Client to perform all Standardized Field Sobriety Tests in a satisfactory manner, I did not observe Client to sway or have any problem with balance at any point during the encounter. Client’s performance was not perfect, but perfection is not required.
As for the BAC test, I observed the trooper reports on the DIC-24 that Client refused the Breath Test and Client signed the refusal. Client stated that the trooper said she could go home if she took the Breath Test, therefore Client was incustody and the Breath Test was coerced.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of her mental or physical faculties by reason of the introduction of alcohol into her body, because in my opinion the Breath Test result would be suppressed; or 2) dismiss the case.
Montgomery County DWI Dismissed at Pre-Trial Conference ...Reasonable Doubt of Intoxication
State of Texas v. P.M. - Dismissed on July 7, 2009
At approximately 11:10pm on September 25, 2008, Client was driving home after leaving a friend's house. Client was stopped for "making a reckless lane change in the intersection of F.M. 1314 and U.S. 59 in Montgomery County, Texas that caused the driver following Client to hit their brakes and honk their horn". The trooper reported that she observed an odor of alcohol, red/bloodshot eyes, trooper does not mention speech. The trooper does not report observations about Client's ability to walking, turn, or balance. When asked whether he had anything to drink, Client denied drinking. The trooper asked Client to perform Standardized Field Sobriety Tests and observed 4 of 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the trooper observed the following 2 clues: Client swayed, and put his foot down. On the Walk and Turn Test the trooper observed the following 2 clues: could not balance during instructions, and stopped walking. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal. I also observed Client to perform all Standardized Field Sobriety Tests in a satisfactory manner. Client’s performance was not perfect, but perfection is not required.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of her mental or physical faculties by reason of the introduction of alcohol into his body; or 2) dismiss the case.
At approximately 11:10pm on September 25, 2008, Client was driving home after leaving a friend's house. Client was stopped for "making a reckless lane change in the intersection of F.M. 1314 and U.S. 59 in Montgomery County, Texas that caused the driver following Client to hit their brakes and honk their horn". The trooper reported that she observed an odor of alcohol, red/bloodshot eyes, trooper does not mention speech. The trooper does not report observations about Client's ability to walking, turn, or balance. When asked whether he had anything to drink, Client denied drinking. The trooper asked Client to perform Standardized Field Sobriety Tests and observed 4 of 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the trooper observed the following 2 clues: Client swayed, and put his foot down. On the Walk and Turn Test the trooper observed the following 2 clues: could not balance during instructions, and stopped walking. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal. I also observed Client to perform all Standardized Field Sobriety Tests in a satisfactory manner. Client’s performance was not perfect, but perfection is not required.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of her mental or physical faculties by reason of the introduction of alcohol into his body; or 2) dismiss the case.
Wednesday, June 2, 2010
Harris County DWI Dismissed 4 Days Before Jury Trial
State of Texas v. R.E. - Dismissed on May 7, 2009
At approximately 12:52am on December 22, 2008, Client was driving home after his band had performed at a local bar. Client was stopped for making an illegal left turn from Westheimer on to Shepherd in Houston, Texas. The officer also reported observing that Client did not stop for four blocks, that Client's SUV ran over the curb with the right rear tire as Client turned into a parking lot. The officer reported that he observed a strong odor of alcohol, red/glassy eyes, and the officer described Client's speech as "thick tounged". The officer further reports that Client was unsteady when walking and turning and that his balance was poor. When asked whether he had anything to drink, Client admitted to four beers. The officer asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. Client refused all other Field Sobriety Tests. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal. At no point during the encounter did I observe Client to be unsteady while walking, to have trouble balancing, or exhibit any swaying motion during the encounter. Client was cooperative, but appeared disinterested in the processes. Although Client did not speak often, Client spoke clearly and I did not detect any slurring.
There were four obstacles to convincing the District Attorney to dismiss the Client’s case. First, An open container of beer was found in the back of Client's SUV with the band equipment. Second, Client had a prior Misdemeanor convicton for Possession of Marijuana from 1995 out of Galveston County. Third, Client refused the Field Sobriety Tests and Breath Test. Fourth, Client made an illegal left turn.
(another client, whose case was also dismissed, was stopped for making an illegal turn at the same location; and I have been stopped for making that same illegal turn, it's the quickest way to get to 59)
At approximately 12:52am on December 22, 2008, Client was driving home after his band had performed at a local bar. Client was stopped for making an illegal left turn from Westheimer on to Shepherd in Houston, Texas. The officer also reported observing that Client did not stop for four blocks, that Client's SUV ran over the curb with the right rear tire as Client turned into a parking lot. The officer reported that he observed a strong odor of alcohol, red/glassy eyes, and the officer described Client's speech as "thick tounged". The officer further reports that Client was unsteady when walking and turning and that his balance was poor. When asked whether he had anything to drink, Client admitted to four beers. The officer asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. Client refused all other Field Sobriety Tests. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal. At no point during the encounter did I observe Client to be unsteady while walking, to have trouble balancing, or exhibit any swaying motion during the encounter. Client was cooperative, but appeared disinterested in the processes. Although Client did not speak often, Client spoke clearly and I did not detect any slurring.
There were four obstacles to convincing the District Attorney to dismiss the Client’s case. First, An open container of beer was found in the back of Client's SUV with the band equipment. Second, Client had a prior Misdemeanor convicton for Possession of Marijuana from 1995 out of Galveston County. Third, Client refused the Field Sobriety Tests and Breath Test. Fourth, Client made an illegal left turn.
(another client, whose case was also dismissed, was stopped for making an illegal turn at the same location; and I have been stopped for making that same illegal turn, it's the quickest way to get to 59)
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