Texas v. J.K.
DWI / State v. J.K.
Montgomery County Court of Law No. 1: 02/10/14
Client was pulled over for speeding (76) on I-45. The Trooper stated the client increased speed to 95 after she passed him, but the facts did not support that, i.e. client wasn’t evading and the Trooper wasn’t freaking out about her speed. Client pulled over safely and timely, rolled down the window and said “no” when asked if she was in a hurry. She was immediately then asked to step out of the car. Oh, forgot to mention this was Montgomery County, Friday night/Saturday morning at 230am. Trooper put her through the HGN test. The jury luckily understood this was “trust me” results. Client of course scored all 6/6 clues on the HGN. The client also scored 8/8 on the Walk and Turn and 3/4 on the One Leg Stand. Yet, she looked pretty good on the video. She refused the breath and blood tests. Thankfully I had a smart jury who understood the law and followed the law. The jury and I agreed that the Officer had probable cause to arrest the client. However, the State simply did not have enough to prove this case beyond a reasonable doubt. In fact, one juror dais the state didn’t even have 51% (preponderance of the evidence). I have to thank the jury for following the law and rendering justice in their Not Guilty verdict. Montgomery County is a very aggressive County for DWIs. But I think the jury saw today how just having one drink of alcohol gets you stuck in the justice system. Thanks again to the Jury.