Texas v. J.A.

Not Guilty

DWI 2nd / State v. J.A.

Harris No. 14

9/25/20

NOT GUILTY on .113 BLOOD!! This was the first criminal trial completed after the courts closed in March 2020 due to COVID. For 22 months, the client was adamant he was innocent, and we fought side by side with him to make the State prove their charge. The client was pulled over for speeding. The second question out of the officer’s mouth was “How much have you had to drink tonight?” The Client never stood a chance. He was going to jail. It was 12:10 a.m. Monday morning on the Gulf Freeway when the client was stopped by a veteran, seasoned HPD DWI officer for the single offense of speeding, 92 in a 60-mph zone. The client had his identification and insurance ready for the officer and provided it to him upon request with no problem. The officer said the client had red, glossy eyes, needed support while standing, staggered while walking, and had a strong odor of alcohol coming from his breath. The officer testified he had the client perform one of the Standardized Field Sobriety Tests. However, through cross-examination, the officer eventually testified the test he had the client perform was not done correctly and its validity was affected. The officer also testified, under cross-examination, he did not think the client had lost his normal mental faculties or lost his normal physical faculties; which is the definition of intoxicated. Having elicited honest testimony from the officer, the defense moved for an instructed verdict, and we are thankful for the Judge for following the law and ordering the Jury to find the client Not Guilty. We were happy to give the client the result he deserved and his life back after almost two years of fighting.