DWI Case Charged in August 2020, dismissed in March 2021.
Case No. 2323***; County Court 5; Harris County, Texas
Tow truck driver was concerned about a vehicle stopped on the side of a highway. After the citizen made contact with my client, my client was found asleep and unresponsive behind the wheel of his vehicle on the highway. My client later explained to police that he thought he was pulled over on the side of road to take a nap because he was tired from working all night.
The concerned citizen (tow truck driver) that initially contacted my client took pictures of the incident with his cell phone and called 911. Pictures of my client showed him to be unresponsive, asleep, and behind the wheel. These pictures were shown to police officers that arrived on scene. When the officers arrived on scene they initiated their investigation. Officers conducted SFSTs (standardized field sobriety tests) and arrested my client for DWI.
My client indicated 6 out of 6 signs for intoxication on HGN (horizontal gaze nystagmus). Horizontal gaze nystagmus refers to an involuntary jerking of the eyes as the eyes gaze toward the side. In addition to being involuntary, the person experiencing the nystagmus is unaware of its occurrence.
My client indicated 5 out of 8 clues on the walk and turn test. The walk and turn test requires the defendant to walk in a straight line, putting one foot in front of the other. After a certain number of steps, the defendant is required to turn around, keeping one foot on the line, and returning, heel-to-toe. The officer looks for 8 clues while conducting this test.
Finally, my client indicated 1 out of 4 clues on the one leg stand. The one-leg stand test is where the officer requests the suspect to hold one foot off the ground about six inches, while counting slowly to 30. If the suspect sways, hops, uses their arms to balance or cannot keep their foot up, they may be considered intoxicated.
My client consented to a breath sample and blew. 13. In Texas, the legal limit is .08 or more.
Fortunately, I was able to get this case dismissed because I successfully argued to the state that the officers did not have reason to arrest him for DWI after the initial welfare check. My client was merely tired and taking a nap from working a long night shift.
For more information, please contact the Tyler Brock criminal defense law firm online or call 713-899-3355 today!
