State v. M.F.

Not Guilty

DWI 2nd / Texas v. M.F.

Harris County No. 9


.146 BREATH TEST NOT GUILTY!!! Client was leaving his girlfriends house and on his way home when he was pulled over for no head lights. They had been using his truck to listen to music in the driveway and forgot he turned off the automatic lights. Client was 6’2” 300 pounds. The Trooper tried to get client to do these tests and client performed as best as he could. The Trooper told the jury that he gave him credit for being a big guy, but in the end they saw that the client never stood a chance. This was a very arrogant Trooper that told mutual friends he could beat Mark on the Jiu jitsu mat and in the court house. However, probably not the best thing to leak back to Mark. The Trooper and his tests were slowly explained to show how unfair they were graded and in the end the Trooper admitted he couldn’t rule out Client’s size as the cause of any mistakes. The Trooper swore that he watched client for the required 15 minute observation period before the test, but when the timing was all lined up with the cameras, it became very clear that the Trooper cut corners and didn’t think defense would line it up. The breath test was properly suppressed by the Judge. With the DA refusing to dismiss it, the jury was given the case to decide and returned a quick Not Guilty verdict. Thank you to that Judge for following the law and the evidence. And thank you to that jury for remaining true to your doubts and not jumping to conclusions the way the Trooper did. And thanks to the Trooper for talking trash and letting it back to me, it made me be my best.