Recent Jury Trial Win in a Collin County DWI Case by Bo Kalabus

bo@kalabuslaw.com

972-562-7549

The client was pulled over for driving too slow and swerving within his lane. Once at the driver’s side window, the police officer smelled the strong odor of alcohol beverage, asked the client to step out of the vehicle, and began to administer field sobriety tests. The tests were performed poorly. Open and shut case for the State of Texas right?

On the surface perhaps, but as the trial developed, there were multiple explanations for the driving behavior. Moreover, there were inconsistencies in the arresting officer’s testimony describing alleged traffic violations that arose from the driving. However, these alleged violations did not appear on the officer’s in camera video recorder, which captured the driving the officer testified about.

Further, the field sobriety tests were performed on ground that was not level–it was no wonder there was difficulty maintaining balance during the tests when the tests were administered incorrectly.

In the final analysis, this was a rushed decision to arrest for DWI. The evidence at trial just did not prove intoxication at the time of driving. The jury did the right thing and followed the law. The client was relieved and very pleased with the result.

 

Speak Your Mind

*

Time limit is exhausted. Please reload the CAPTCHA.