Texas v. B.O.



Texas v. B.O.

Montgomery County Court of Law No. 5


Client was pulled over for speeding on his way home from Buzzfest. Client admits to 6-7 beers and on a scale of 1 (sober) and 10 (drunkest ever) says he is a 5. Trooper Oelsner performs the SFSTs which client performs normally for him. Trooper still doesn’t arrest and give him the finger touch test. Trooper admitted on the stand that the finger touch is not validated and has never been validated to determine intoxication. Client was never give the opportunity for a breath test and refused blood. For some reason, the Trooper did not get a warrant on this no-refusal weekend. Honestly, and I told the jury this in open court, the Trooper did his job and had probable cause to arrest. The mistake was on the part of the Montgomery County DA. They shouldn’t have tried this case and wasted valuable county resources. The DA has the power to dismiss cases or even offer a reduction in that county. For a year and a half, I asked for a reduction, never a dismissal. They are just so gung-ho up there that they have become completely unreasonable. So we had nothing to lose and everything to gain. Jury came back and said the DA over exaggerated his case and they trusted my client. Maybe the DAs office doesn’t know that I am not scared of them and I am going to try the pants off every case they don’t work with me on. I am proud of the jury for standing up for my client and following the law. The jury made the right decision. (and the client was an Omega Phi fraternity brother of mine from Trinity University, so I really didn’t want anything bad to happen to him. Now he can move on in the right direction with his life.)