State of Texas v. T.A. - Dismissed on January 5, 2010
At approximately 8:30pm on September 19, 2009, Client, who was 20 years old at the time, was driving home on the Sam Houston Toll Road, in Houston, Texas when he passed a Harris County Deputy Constable. Client was stopped for traveling over the posted speed limit, although the deputy never gives an exact speed. The deputy reported that he observed an odor of alcohol, blood shot eyes, slurred speech. When asked whether he had anything to drink, Client denied drinking. Client told the deputy that he had been out drinking the night before until early in the morning and that he had stayed at a friend's house all day and was now going home. Client also told the deputy that he had not showered since going out the night before and that he was still wearing the same clothes. The deputy asked Client to perform Standardized Field Sobriety Tests and observed all 6 clues on the Horizontal Gaze Nystagmus Tests. The deputy further reported that Client performed all other Field Sobriety Tests as requested but did not state a result. 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 perfectly.
The District Attorney had two choices: 1) loose at jury trial on a directed verdict from the judge because there was no evidence 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.