State of Texas v. R.E. - Dismissed on May 7, 2009
At approximately 12:52am on December 22, 2008, Client was driving home after his band had performed at a local bar. Client was stopped for making an illegal left turn from Westheimer on to Shepherd in Houston, Texas. The officer also reported observing that Client did not stop for four blocks, that Client's SUV ran over the curb with the right rear tire as Client turned into a parking lot. The officer reported that he observed a strong odor of alcohol, red/glassy eyes, and the officer described Client's speech as "thick tongued". The officer further reports that Client was unsteady when walking and turning and that his balance was poor. When asked whether he had anything to drink, Client admitted to four beers. The officer asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. Client refused all other Field Sobriety Tests. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal. At no point during the encounter did I observe Client to be unsteady while walking, to have trouble balancing, or exhibit any swaying motion during the encounter. Client was cooperative, but appeared disinterested in the processes. Although Client did not speak often, Client spoke clearly and I did not detect any slurring.
There were four obstacles to convincing the District Attorney to dismiss the Client's case. First, an open container of beer was found in the back of Client's SUV with the band equipment. Second, Client had a prior Misdemeanor conviction for Possession of Marijuana from 1995 out of Galveston County. Third, Client refused the Field Sobriety Tests and Breath Test. Fourth, Client made an illegal left turn.
(Another client, whose case was also dismissed, was stopped for making an illegal turn at the same location; and I have been stopped for making that same illegal turn, it's the quickest way to get to 59)