Texas v. V.O.
DWI 2nd / State of Texas v. V.O.
Harris County Criminal Court of Law No. 15: 7/31/14
0.146 BREATH TEST!!!! Client was pulled over after speeding on Richmond for only 13 mph over the limit. The HPD offense report was riddled with drastic inaccuracies, typos, and mistakes. Several questionable mistakes in the report combined with dispatch records made the reasonable suspicion questionable. According to the report the Client performed exceptional on the SFSTs and his demeanor, attitude and presence on the scene was that of a completely sober individual. However, the testimony on the stand was the exact opposite. Cross-examination of the officer revealed there was no credibility regarding his testimony to the events under direct-examination and that the offense report should be the most reliable source to refresh his memory. An offense report, which in this case, made our client appear to be perfectly normal. The breath test came back at 0.146. Through cross-examination of a State’s expert witness, the jury saw the real truth behind the Intoxilyzer 5000. The jury acknowledged the machine was behaving in an unexplainable manner that defied common sense. The State’s expert tried to down play all of the statistical anomalies, but the jury was able to see the bias beneath her testimony. At the end of the day, the jury trusted in their common sense and not conflicted testimony and unreliable forensic science. Thank you to the jury for their courage in standing up for the people of Texas and demanding reliable and accurate forensic testing. (Metzger was 1st Chair, Thiessen handled Technical Supervisor)