Texas v. K.N.
DWI 2nd / State of Texas v. K.N.
Harris County Criminal Court of Law No. 12: 03/12/14
0.184 BLOOD TEST!!!!! Client is a new Texas resident by way of California. He went to see the NBA All Star game when if came to Houston. On his way home, we was pulled voer driving west bound on I-10. The video showed the officer’s lights turn on around the Washington exit; however, the client could not exit Washington/Wescott and did not want to exit onto 610, so he exited at Silber. The HPD officer pulled his gun and effected a felony traffic stop on the client. The client was an Indian male with a beard; however, the Officer stated it was because the client didn’t pull over timely that he chose to perform a felony traffic stop. The client got out of the car turned around and got on his knees, the Officer then came and forcibly man handle the client because the client “tensed up.” Please note, this Officer has a very short fuse and I have personally gotten into it with him at an ALR. He is one of the police giving others a bad name. Client was arrested and another officer made the scene. Client told that officer he had ACL surgery on his knee 5 weeks prior, and we had medical records to prove it; however, the Officer still made him walk a line and stand on one leg. When confronted with why he didn’t perform tests that don’t involve the legs, he replied that he didn’t have to, those were optional. The client was taken to the station and never refused a breath test. The client kept asking, why was I pulled over? And neither officer would tell him it was for speeding, allegedly. The client refused blood due to his religious preferences, but the police still withdrew his blood. The analyst testified that she has only worked for HPD for 2 years, and only 3 months at the time. The analyst testified she never made a mistake and would not even imagine that she could have possibly. The analyst testified and had to concede that the pipette used in this case failed calibration when tested by an independent laboratory and has never been put back in to use.
The analyst further testified that the method used in this case was different than what was certified by ASCLD. The jury in the end, found the client Not Guilty and refused to believe the accuracy of the blood test. The jury went on to tell the DA, this is why Houston needs an independent laboratory so that you don’t have any conflicts of interests or biased witnesses. The jury saw through the State’s case and made the just verdict.