Texas v. C.R.

.17 BREATH TEST!!!! Dismissed Mid-Trial. Client was found passed out in her car and HFD had to come pry the doors open. She was given the HGN by an HPD DWI Task Force officer who has been giving the test for the past 12 years. Just 20 days before this case, I was able to cross this officer at an ALR hearing. He didn’t know any of the passes or any of the timing. It was so bad, the Judge sua sponte suppressed the HGN to stop my cross of him. I then went on to cross him on the walk and turn and the one leg stand. Again, this DWI Task Force officer, who has been making arrests for 12 years and just took an ARIDE refresher course last week could not remember the clues. It was the worst officer I have ever seen. Then finally, when asked about the fifteen minute waiting period and the temperature of the simulator solution, he did not know. The Judge suppressed the breath test and the State promptly dismissed the case. What’s scary is this officer is DWI Task Force and currently still arresting innocent drivers on tests he knows nothing about. It was a terrible display by an HPD officer. Kudos to the Judge and the State for doing the right thing.