TEXAS V. H.B.
TEXAS V. H.B.
Galveston No. 1
Attorney: Mark Thiessen
0.161 BLOOD TEST!!! Client came down from Dallas for the weekend. Checked into his AirBnB and then headed for the Strand. Didn’t know that it was Biker Weekend in Galveston and the Strand was packed. The client left about 11pm and was pulled over by UTMB police for failing to signal a lane change on Broadway. However, the video also showed the police officer doing the exact same thing. Client admitted to drinking and was wearing a “Fuck It, Let’s Drink” shirt. Officer called in a DWI officer and had client step out for the SFSTs. The officer performed the HGN while the client was facing many cars passing in close proximity. But of course, she said he exhibited 6 out of 6 clues (they always say that). The client then performed the Walk and Turn and looked great. Only barely failing the test according to the officer’s own clues. The client then passed the One Leg Stand. Client requested a lawyer when asked for blood and they got a warrant. Blood came out of Harris County DPS with Rachel Aubel testifying. Of course Ms. Aubel testified that she didn’t make any mistakes and her work was performed accurately. She even gave herself 100% in never mixing up a sample in 5 years and 10s of thousands of vials.
Amanda Culbertson, our toxicologist, was able to show how they routinely violated their SOPs and their standards were out of tolerance. The overzealous DAs tried very hard to keep Ms. Culbertson off the stand or prohibit her testimony, but the Judge saw through their antics and let the jury hear the whole truth. Of course, Ms. Aubel rebutted that everything was still perfect even after we exposed all the problems with their lab. This I why we need independent labs! NASA makes mistakes, but police/government labs won’t ever admit anything is wrong. The jury ultimately threw out the blood test and simply said the client didn’t’ look anywhere close to twice the legal limit. Something had to be wrong, it just didn’t add up. They also noted how he could look great on all the tests we could see with our own eyes, but fail the HGN with every clue. Didn’t add up. Thank you to the jury for standing up for the People of Galveston County and demanding better forensic science. Thank you for giving my client his freedom back after 18 long months.