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Texas v. B.C.

Verdict

NOT GUILTY

State of Texas v B.C.

Harris County Criminal Court #3 02/05/15

.16 BREATH TEST!!!! Client was pulled over on her way home from work at the Colorado. She was pulled over for speeding on the feeder. HPD officers administered the SFSTs at the scene. The State attempted to show how noticeable HGN was by using a demonstration. However, the demonstration backfired when I was able to show that even the sober set of eye indicated intoxication. Client looked ok on the walk and turn and the one leg stand. She consented to a breath test and blew a 0.16. We hired expert Ray McMains who used to be a technical supervisor for DPS for 14ish years. He actually wrote the black mamba software to manage all of the test results. He was able to show that her machine was only performing at a 57% confidence interval when it was supposed to be 99.7%. The jury was disgusted with HPD breath testing and sent back a Not Guilty verdict in 20 minutes demanding better forensic science for the citizens of Harris County. The problems continue with HPD lab. Thank you to the jury for giving the client her life back. They sent her home to her husband, 8 year old daughter and brand new 6 week old son.

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