State of Texas v. J.R. - Dismissed on November 3, 2004
On June 12, 2004 at 1:18am, Defendant was following friends to a local bar when he was stopped for speeding, traveling 57mph when restricted to 35mph on Travis Street in Houston, Texas. The police officer observed an odor of alcohol, red/bloodshot eyes, and slurred speech. When asked whether he had anything to drink, the Client admitted to three drinks. The officer 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 officer observed the following 2 clues: Client swayed and dropped his foot twice. On the Walk and Turn Test the officer observed the following 2 clues: made an improper turn by turning the wrong way, as for the second clue the officer's report was inconsistent because at one point the officer reported that Client stepped off the line on the second nine steps and at another point the officer reported that Client missed heel to toe on the second nine steps. Later, Client refused to take a Breath Test.
After viewing the video I observed that Client spoke clearly and precisely throughout the encounter. I also observed Client to stand perfectly still during the HGN Test. On the One Leg Stand Test I observed that Client to stand perfectly still. I did observe Client to put his foot down twice, but Client has had two knee surgeries. On the Walk and Turn Test I observed that Client's feet were not visible on the video. But it did not appear Client had any difficulty in performing the test, and I did not hear the officer instruct Client to turn a specific direction. In my opinion, Client scored one clue each on both the One Leg Stand and the Walk and Turn tests, which means he passed both tests. The officer had Client recite the ABCs starting with G and ending with X, and I observed Client to do so perfectly and without hesitation.