Texas v. C.T.
DWI: State of Texas v. C.T.
Harris County: 09/06/2013
0.137 BREATH TEST!!!!! After two full days in trial, the ADA dismissed the case before the jury walked in for the third day. Despite the Judge overruling almost every objection of mine, letting in all of the State’s evidence, telling me to keep my mouth shut, the honorable ADA did the right thing and dismissed the case. It was a disaster from the start: the arresting officer testified that the client was doing 90-100 mph, and he would have to do 110+, he admitted that he wouldn’t do that in the rain. When confronted with the weather almanac he still denied it raining. Really? New Years Eve 2013, I was partying in my garage with everyone because it was raining so bad. Then that officer said another officer drove the client to the jail. The SFST officer stated he never went out to the scene. Obviously the patrolman was just unhappy from spending new years working. The client looked great on the station video and consented to a breath test. She blew a .137. However, the calibration thermometer was malfunctioning and the 15 minute required observation period was not followed. I would like to think the jury would find the client Not Guilty, but I’ll never look a gift horse in the mouth. The ADA realized they had a lying officer and were stuck with an invalid breath test. Without the breath test, she looked great. So thank you ADA, you were honorable, just and showed tremendous character.
Disclaimer: Due to the high frequency of dismissals, not all dismissed cases are reported.