Texas v. J.M.


Mistrial/Hung Jury

DWI 2nd / Texas v. J.M.

Harris County No. 14


0.182 BLOOD TEST!!! Client was coming home from a kick-ball game and stopped by ROAK to cool off in the pool. He was pulled over for cutting through the Exxon on Shephard and Westheimer, allegedly “disregarding the traffic control device.” Client pulled over safely and timely into Kenneally’s. He looked great on the Walk and Turn and the One Leg Stand. The scariest part of this case was that a citizen can be pulled over for cutting through a gas station and look almost perfect on the SFSTs and still get arrested. He was arrested though. Blood came back at a 0.182 meaning he would have had to be a 0.22 on the video. Absolutely unbelievable. The State’s expert testified that would mean he had 11-12 drinkis in his system and he had to have consumed 15 drinks in 3 hours to get that high. However, he looked absolutely great on video and never once asked to use the restroom the entire encounter. It just doesn’t add up. The jury was hopelessly deadlocked and could not reach a verdict. To anyone that is reading this, I would just like to say: Thank you for not caving to the pressure of other jurors. And thank you for remaining true to your doubts. We live to fight another day. And now I have lots of issues on their thermometers, standard operating procedures, and possibility of switching vials. Remember, always err on the side of freedom. We never convict fellow humans if there is any doubt.