Texas v. E.S.
Texas v. E.S.
Harris County Court of Law No. 9
0.098 BLOOD TEST!!! (I believe this makes me the only attorney in Harris County to win 2 blood verdicts where the jury heard the result.) ???? Anyways, client was going through a divorce and mad a cocktail at his house and went for a drive. He got pulled over for passing a car too fast on 290 by a Trooper who was training a new Trooper. My trips were: Innocent Man, Training Exercise, Insufficient Evidence. The main Trooper was very likable and smart. However, I systematically weaved reasonable doubt through the HGN, WAT and OLS. The only thing the client couldn’t do was say his alphabet D->T He tried 12 times. But he was a 51 year old man with no kids. The alphabet test is not validated for intoxication! By the end of my cross, there was no loss of mental or physical faculties due to intoxication. Could have been due to nervousness, uncoordination, or inexperience. The client consented to blood. The nurse did not know her predicate or procedures and it showed. Then I crossed the analyst from DPS and taught jury about blood testing and it’s pitfalls. After hearing my cross of the blood analyst, Judge took it upon herself to actually suppress the blood test as unreliable. Too many ways the sample could have been contaminated. The jury still heard the score, but went back and gave a just verdict. They followed the law, no blood test, no loss of mental or physical due to intoxication, easy. ABCDWI? ABCNTGLTY!!!! And, won this case without hiring an expert to testify.