Case Results

DWI-2nd -- .18 Breath Test -- Not Guilty

Client was stopped by Houston Police Department DWI Task Force Officer after allegedly running red light in downtown Houston.  HPD Officer DWI Task Force officer told client on camera that he had it on camera.  No video was ever produced that he in fact did run the red light to corroborate the HPD officer's version of events.  Officer claimed client failed field sobriety exercise because he scored clues of intoxication.  Cross examination revealed the officer's memory of the event did not match up with the facts, and the state's expert testified that the breath test machine in this case had not been calibrated in over a year prior to the breath test in this case.  Ultimately, the jury decided that the allegations by the HPD DWI Task Force officer did not much up with the facts presented in court despite the .18 breath test.  The jury took only 28 minutes to determine reasonable doubt and rendered a unanimous not guilty verdict.

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