DWI-1st - .20 Breath Test - Judgment of Acquittal
Client accused of impeding traffic while stopped at green traffic light with hazard lights flashing and arrested for DWI by Sugarland Police Department. We challenged stop on basis no traffic was actually impeded or obstructed, nor did 4 necessary factors exist to legally justify a welfare check on our client. Judge granted motion to suppress all evidence. State refused to dismiss. State rested and closed evidence. Judge granted directed verdict, and entered judgment of acquittal. Would have been interesting case to present to a jury with an good video showing good use of mental and physical faculties of our client. State's expert had missing breath test records that would have demonstrated failure to adhere to Texas DPS Standard Operating Guidelines.