Texas v. C.M.
DWI 2nd / State of Texas v. C.M.
Harris County Criminal Court of Law No. 1: 7/29/14
0.176 BREATH TEST!!! Client was pulled over after leaving midtown. He was pulled over by two officers after the officers observed our client “assaulting or possibly kidnapping” his friend. Client is a local Muay Thai Coach and international Muay Thai Champion. In reality, our client and his friend (UFC Middleweight fighter) were helping an intoxicated friend into the back seat of their car. However, none of this was in the offense report. The report was filled with inaccuracies and contradictions as to why they were pulled over ranging from running a left turn signal to driving up the wrong way of the road. Evidence obtained from the officer’s dispatch records and testimony from another officer present on the scene starkly contrasted with the stopping officer’s testimony and report. The client was subsequently yanked out of the vehicle, given a 10 second HGN and OLS, which he performed perfectly and then arrested. Officer testimony was mistaken about these facts, and what set him free was a cell phone video taken by MMA Middleweight, which showed what really happened. The breath test result was a .0176; however, the video showed a completely sober gentleman who aced the Standard Field Sobriety Tests. Through corss examination the jury was able to see the biased nature of these tests and the contradictions in the evidence. Additionally, after hearing about the Intoxilyzer 5000, the jury was furious with the evidence and demanded reliable forensic evidence for the people of Texas. The jury returned the just verdict of Not Guilty after 25 minutes and told the DAs office that they did not believe the officers or the forensic evidence. Thank you to the jury for their courage to stand up to the government and demand better investigation and science. Please forever remember your verdict and the day you gave a young man his life back. The jury should be very proud of their verdict. (Metzger was 1st Chair, Thiessen handled Technical Supervisor)