State of Texas v. J.B. - Dismissed on November 29, 2005
At approximately 2:00am on August 27, 2005, Client and three friends were on their way home after a night of partying in Houston. Client was driving and eating his Whataburger, and when he looked down to open his food Client failed to notice that Highway 225 in Houston, Texas was blocked off due to a major accident. Client's car broke through the barricade, but Client was able to steer his car to a stop before doing any further damage. Client was arrested by a Harris County Deputy Constable from Precinct No. Eight. In Client's car, the deputy found 4 empty beers and 10 unopened beers. One of Client's passengers was arrested for possession of drug paraphernalia when a marijuana pipe was found in his possession. The deputy reported that he observed an odor of alcohol, glassy bloodshot eyes, and slurred speech. When asked whether he had anything to drink, Client admitted to drinking 2 beers. The deputy asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. On the One Leg Stand Test the deputy observed the following 1 clue: Client swayed; although these are not recognized clues for grading the Walk and Turn Test, the deputy included the following clues: failed to follow instructions, failed to maintain position during instructions, counted improperly. On the Walk and Turn Test the deputy observed the following 3 clues: failed to maintain balance in the start position, missed heel to toe, and improper turn; although these are not recognized clues for grading the Walk and Turn Test, the deputy included the following clues: that Client failed to follow instructions, that Client was unsteady on his feet and had trouble maintaining balance. Client refused to take a breath test.
After viewing the video I observed Client to appear completely normal and to perform all Standardized Field Sobriety Tests almost perfectly. On the One Leg Stand Test I observed Client to begin before being told to start. On the Walk and Turn Test I observed the Client to make an improper turn. As for Client refusing the Breath Test, Client is read the Implied Consent Warning through the window while cuffed in the back seat of patrol car. When the deputy is finished reading the Implied Consent Warning, Client states "OK sure".
In short the deputy lied in his report because he was going to arrest Client for something. The deputy purposely dodged my process serve in her attempts to serve deputy with a subpoena for the ALR hearing, I certain he did not want his lies to become part of a court transcript.
I gave the District Attorney two choices: 1) set the case for a jury trial and attempt to prove beyond a reasonable doubt that Client did not have the normal use of his mental or physical faculties by reason of the introduction of alcohol into his body, or 2) dismiss the case.