Texas v. C.Y.
State of Texas v. C.Y.
Harris County Criminal Court at Law No. 4 10/14/15
.10 BREATH TEST!!!! Client is a very pretty Cuban young woman. She was on her way home when a Porsche and a Mustang full of guys started cat calling her. She was trying to get away from them and was pulled over on Westheimer for speeding/racing. She pulled over by a long time, famous ex-DWI HPD Sergeant. He called for a DWI unit in a matter of minutes. A DWI unit came by with no video and gave her field sobriety tests in English. She told them she wasn’t intoxicated and they still arrested her. They took her down to the station and read her the DIC-24 asking whether she wanted a breath or blood test in English. She is on video screaming at the officer telling him she doesn’t understand law and asking for a lawyer. The officer admitted they have a Spanish form right there in the room and a tape player that reads it in Spanish for them. He never did that. He didn’t have to, he said. They then took that as a refusal and strapped her down into a blood chair. After drawing her blood, she was so traumatized that she threw up in the trash can. I was able to get the analyst to say that with the amount of drinks she admitted to drinking that the client would not have been intoxicated. Yet, that same analyst was willing to say the client drank almost 4 bottles of wine and could’ve been a .19 at the time of driving. The jury didn’t really believe the analyst when she stated she never makes a mistake and always testifies that the person is intoxicated. The DA fought tooth and nail and we overcame all the odds. Thank you to the jury for giving the client her life and freedom back. Truly, her immigration status was on the line. She was bawling the entire time through trial. Client came all by herself from Cuba at 18 with no family in Texas and has worked her way up into banking. She’s a true fighter. She fought the police that night and fought the DA on the stand, because she was fighting for her freedom. The American Justice system prevailed. God Bless America.