Texas v. T.



Texas v. T.

Harris County No.


0.172 BREATH TEST. Client was an Iraqi Freedom veteran who lost his foot when an IAD went off while he was fixing a tank. Unfortunately he had a juvenile criminal case that was dismissed, so Judge Roger Bridgewater wouldn’t allow him into the DIVERT program, even after we appealed. And I can’t say thank you enough for that decision! Now, I had nothing to lose and this veteran wasn’t taking a guilty plea under my watch. So, I tried the case for free (military discount) and the State had to dismiss with prejudice. While I worked this case up, I found huge internal HPD memorandums from the old Intoxilyzer technical supervisors, Culbertson and Wong, that stated the simulator was contaminated. Even when I presented this evidence to the DA they couldn’t dismiss because they have a new scientists, who knows nothing about what happened back then, but is willing to be a puppet and just say everything is okay. However, I then caught them in a trap that the 15 minute observation period was not observed by a certified breath test operator. And that violates protocol. The DA did the just thing and dismissed. Fortunately I was able to give my client his life back and his security clearance wasn’t taken away by a DWI conviction.