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Texas v. T.



DWI: State of Texas v. T.

Harris County: 12/06/2011

0.172 BREATH TEST. Client was an Iraqi Freedom veteran who lost his foot when an IAD went off while he was fixing a tank. Unfortunately he had a juvenile criminal case that was dismissed, so Judge Roger Bridgewater wouldn't allow him into the DIVERT program, even after we appealed. And I can't say thank you enough for that decision! Now, I had nothing to lose and this veteran wasn't taking a guilty plea under my watch. So, I tried the case for free (military discount) and the State had to dismiss with prejudice. While I worked this case up, I found huge internal HPD memorandums from the old Intoxilyzer technical supervisors, Culbertson and Wong, that stated the simulator was contaminated. Even when I presented this evidence to the DA they couldn't dismiss because they have a new scientists, who knows nothing about what happened back then, but is willing to be a puppet and just say everything is okay. However, I then caught them in a trap that the 15 minute observation period was not observed by a certified breath test operator. And that violates protocol. The DA did the just thing and dismissed. Fortunately I was able to give my client his life back and his security clearance wasn't taken away by a DWI conviction.

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