DWI-2nd - .21 blood test - Motion to Suppress Granted - Case Dismissed
DWI-2nd in Montgomery County, Texas with a commercial driver's license. Montgomery County Sheriff's Department pulled up next to our client lawfully stopped on the shoulder of the road looking at his phone. Montgomery County Sheriff's Deputy shined his spot light on our client and instructed him to roll down his window. Client acquiesced to display of legal authority and complied with officer's commands. Deputy arrested client after failing field sobriety tests. Deputy obtained search warrant for blood sample. Blood analyzed with .21 result. Judge granted our motion to suppress on basis deputy did not have a reasonable suspicion legal basis to initially detain client, nor did community care taking exception to Fourth Amendment exist. State appealed. We won the appeal. Case was later dismissed and expunged.