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Texas v. E.O.

Verdict

NOT GUILTY

DWI: State of Texas v. E.O.

Galveston County: 08/21/2013

0.194 BLOOD TEST!!!!! DWI in Galveston County Court Number 3. Client was pulled over on “no refusal” Labor Day weekend for speeding. While out on the scene you can see 5 other police cars stop motorists. Essentially, the client drove right through a hornet’s nest. He looked great on the Walk and Turn and One Leg Stand. How does a client score every clue on the HGN, but not on the OL or WAT? Of course the Trooper stated that he failed the Horizontal Gaze Nystagmus test because they always say that. Trooper arrested him and took him down to the station. Client was a Navy veteran who suffered from PTSD after fighting in Iraqi Freedom and Enduring Freedom. He refused to submit blood and the police physically restrained him on a gurney while he’s screaming about PTSD. One Dickinson police officer in the blood room remarked “You’re in my world now, boy.” And another of Dickinson officer said “I hope this is a felony.” The blood test was tested by DPS lab in Houston. The maintenance records showed the machine was overhauled 3 separate time within 6 months of the clients blood. The analyst also explained the errors I found as “typos” and “glitches,” or even “I don’t know.” Bottom line, the client looked good, never even asked to go to the bathroom, and the machine could not be proven reliable or accurate. The jury made the just verdict and sent him home with a Not Guilty. I have to thank the jury for following the law. It is absolutely impossible to prove a case beyond a reasonable doubt when the client looks so good with such a high score. Either the client’s body defies the laws of science or the machine is wrong.

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