Dallas Police arrested two employees of a local swimming pool company with felony illegal dumping. Defense packet submitted to the Dallas County Grand Jury explaining why a no-bill decision should be returned. Grand Jury declined to indict employee.
Highland Park citizen was arrested for possession of a controlled substance. The legality of the search was questionable. Plea negotiations resulted in the case being reduced to a class C misdemeanor level offense. Client was placed on a 90 day deferred adjudication and does not have to report. After 90 days, the case will be dismissed. Client will be eligible to have his records expunged after the 3 year statute of limitations passes.
Collin County DWI Client was found not guilty after a two day jury trial Client was stopped for weaving outside of his lane of traffic. The reason for the traffic stop was questionable. In Texas, simply weaving outside of your lane is not a traffic violation unless the movement created some type of “danger.” Courts often look at numerous factors to determine the danger such as how many times a person weaved, did other motorists take evasive action, how far outside of the lane, road conditions, speed, weather, etc. The judge denied a motion to suppress based on an unlawful traffic stop in this case. After client was stopped, he was asked to perform the standard field sobriety tests – 1. horizontal gaze nystagmus aka HGN eye test 2. walk and turn test 3. one leg stand. According to the officer, client failed all of these tests. Client was arrested and offered a “breath test only.” Client refused the breath test. The officer attempted to get a warrant signed for his blood. The officer was not able to find an officer to sign the warrant. Thus, the jury did not have any evidence of Client’s blood alcohol level.
The jury did not like the fact that Client was never offered a blood test. In jury selection, most of the jurors said they would prefer a blood test over a blood test. I feel this was a major factor in the jury finding Client not guilty, despite him failing the field sobriety tests. Jurors from Plano Frisco McKinney Allen and like cities do not have any sympathy for persons accused of drunk driving; however, these jurors like to see people treated fair. In this case, the officer should have given Client the opportunity to give a sample of his blood for testing.
Client was stopped for Expired Registration. The initial officer was not certified to administer field sobriety tests. An officer from the Dallas Police DWI Unit arrived 50 minutes later. Client was administered field sobriety tests and failed. She was arrested for DWI and refused a blood test. The officer applied for a warrant to draw her blood. Her blood alcohol level was 0.12.
In the probable cause affidavit submitted to the judge for obtaining the warrant, the DWI officer mistakenly wrote he arrived 14 minutes after Client was stopped. Call logs and the police report proved this information to be false. The trial court judge was required to remove this information from the affidavit. With this information removed, the affidavit did not establish the time Client was operating her vehicle.
The Dallas District Attorney’s Office dismissed the DWI Charge.