I won another trial. 9 of 10 this year. DWI 2nd in Galveston County Court 2. Galveston County ADA tried the case with Texas Highway Patrol. The client suffered from insomnia and ADHD. She was allegedly called in for reckless driving on 45 south bound exiting 518.
However, when the Trooper began following her on 518: no swerving, no weaving, no speeding, and used all her signals. He finally pulled her over for stopping past the stop sign on her own street. The pictures and measurements revealed the stop sign was 27 feet from the curb. Her Jetta could almost fit twice between the sign and the curb. It was a shoestring tackle. She looked ok for a woman that worked 14 hours and suffered from ADHD.
However, the over-aggressive DA tried to argue that she took her klonopin just because she had a prescription, even though she told the officer she only takes it for insomnia. Granted it was his first trial/voir dire, but he should probably have aimed a little lower than trying this case against me. The jury did not appreciate him over reaching and attacking this poor lady.
He even kept stating that she refused the blood and breath test, which was clearly not the case. I guess it’s that time in my career where I am a trophy to beat in trial. The DA, just like the Trooper, thought since she had a DWI once 6 years ago, she must be guilty again. No test, no accident, no problem…..NOT GUILTY!!!