Sample of Jury Trial Results
Each case was tried by me, without co-counsel, in front of a jury.
All results are case specific and no
guarantee
can be made that the same result will occur in every case.
Charge: DWI - Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 53433
Arresting Agency: Wise County Sheriff's Office
Offense Report Read: "Deputy . . . was on patrol traveling west
on FM 3259. Deputy . . . observed a white ford pickup traveling west
also
on FM 3259 failing to maintain a single lane. Deputy . . . observed the
vehicle cross the yellow divider three times and then nearly hit a
mailbox
. . . . Deputy observed that [his] eyes were very glassy and bloodshot.
Deputy . . . asked [him] to step out of the pickup . . . and [Deputy]
observed
that [he] could not keep [his] balance while walking back to the rear
of
the vehicle . . . . [He] advised that he might have had about four
beers."
Charge: DWI - Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 51466
Arresting Agency: DPS
Offense Report Read: "Defendant stopped for driving on wrong side
of roadway, not passing, while operating 1998 black Dodge pickup on FM
1810, near the 540 milepost . . . . Roadside interview indicated [the
defendant]
had been drinking alcoholic beverages. Roadside evaluation indicated he
was intoxicated by alcoholic beverages. [He] was arrested for DWI and
transported
to the Wise County Jail. He was offered a breath test and refused."
Charge: DWI - Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 51151
Arresting Agency: DPS
Offense Report Read: "The pickup turned wide into the right lane
and crossed the white line actually driving on the shoulder making the
turn . . . [The defendant] stated that he had 2 Jack Daniel's and coke
. . . . Walk and Turn: [He] lost his balance during the instructions.
[He]
started too soon. [I] had [him] go back to the start. [He] lost his
balance
again 2 times. [He] used his arms for balance. [He] turned improperly.
[He] did not touch heel to toe on 2nd trip [on steps number] 4,
5,6,7,8,9,10
. . . . [He] was arrested and taken to the Wise County Jail where he
refused
the intoxilyzer test."
Charge: DWI
- Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 51100
Arresting Agency: DPS
Offense Report Read: "I turned my read and blue emergency lights
on and it took the driver about 40 seconds to stop his car. I walked up
to the drivers side, identified myself and told the driver why he was
stopped
. . . . I noticed his actions were slow and deliberate while getting
his
license and he also had a blank stare on his face for a few seconds. I
asked the driver to exit the car and step to the rear off the road. I
could
smell a strong odor of alcohol on his breath and his speech was
slurred.
His eyes were glassy and bloodshot . . . . [He] was unable to perform
the
field sobriety tests and he was arrested for DWI . . . . [I asked
him to] blow into the Preliminary Breath Test which he refused to do.
He
repeated several times that if he took the test if would kill him."
Charge: DWI
- Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 52591
Arresting Agency: DPS
Offense Report Read: "I noticed the vehicle was weaving in its lance
across the white shoulder stripe and the yellow center stripe. . . .
[After
the stop] I then noticed that the driver had bloodshot eyes and a
strong
odor of alcohol coming from the vehicle. I then asked the driver if he
had been drinking and he advised he had drank a few . . . . [I
demonstrated
the walk and turn test and had him do it] and he did not do well on
this
test [since] he could not balance during instruction, stepped off line,
and took the wrong number of steps . . . . [I] requested a specimen of
his breath which [he] refused."
Charge: Possession of Marijuana
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 44925
Arresting Agency: DPS
Offense Report Read: "[I stopped a black male from New Mexico on
highway 287]. I could smell a strong odor of marijuana emitting from
inside
the vehicle . . . I then asked him if he had been smoking marijuana .
He
said no that he had been trying to quit smoking marijuana . . . . As a
result of the vehicle search I found a marijuana blunt made out of a
cigar.
A marijuana blunt is made by taking out the cigar tobacco and refilling
it with marijuana."
Charge: DWI
- Breath Test Refusal
Jury Verdict: Hung Jury
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 50724
Arresting Agency: DPS
Offense Report Read: "I noticed a vehicle in front of me that
crossed
over the double yellow line and back over onto the shoulder. I
activated
my overhead lights and the vehicle slowly came to a stop . . . . The
driver
smelled strongly of a alcoholic beverage. The driver admitted to
drinking
4 beers and she did poorly on the field sobriety tasks . . . . [She]
swayed
as she stood and her speech was slurred."
Charge: DWI
- Breath Test Refusal
Jury Verdict: Hung Jury
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 48667
Arresting Agency: DPS
Offense Report Read: "[Investigation of one car accident.
Witness said that he had] stopped and asked if anyone was hurt. They
said
no one was hurt. I could tell they were very high or drunk. [The
trooper
then contacted the defendant.] After I had my conversation with Mr.
Rodriguez,
I looked over at the [defendant] and I said it looks like you're the
driver.
Are you driving? She said yes and walked over there to me."
Charge: DWI
- Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 54166
Arresting Agency: Bridgeport PD
Summary of Offense Report/Trial testimony: Defendant was stopped
at 2:30 p.m. with a passenger. The HGN test was administered (the eye
test)
where the officer had to remind her three times to follow the stimulus
with her eyes and reminded her twice not to move her head. The walk and
turn test was administered three times and the defendant exhibited all
eight errors or "clues". During the one leg stand, the defendant was
unable
to complete the test and it was discontinued. The passenger, who was no
longer friends with the defendant, testified at trial that the
defendant
had been at a bar for eight hours, drank five to six beers and two to
three
shots of tequila, and almost ran over a trash can in the parking lot
before
turning down the wrong street.
Charge: DWI
- Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 54203
Arresting Agency: DPS
Summary: "I then noticed the Dodge drift all the way over the center
stripe (both left tires) and then drift back to the right all the way
over
the right shoulder stripe (both right tires." The driver said he had
two
beers at the Oasis restaurant in Boyd. "The driver had a glare that was
stuporous, dazed and fixated." During the walk and turn test, he "could
not stand heel to toe, missed heel to toe at least 8 times having
approximately
eight inches between each step, lost balance during turn around
stopping
and looking back at me. I motioned for him to continue and he took the
incorrect number of steps back." The driver refused to provide a
breath sample.
Charge: DWI
- Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 54251
Arresting Agency: Decatur Police Department
Summary: "[After observing the two car collision, the officer]
observed
an extremely strong odor of an alcoholic beverage coming from [the
defendant's]
breath . . . . Officer . . . instructed [the defendant] to stand
with both feet together and keep his hands to his side and not to move
his head while following the stimulus with his eyes. [The defendant]
stated
several times while being instructed that he already knew what to do.
Officer
. . . was unable [to complete the test because the defendant] was
unable
to due to [him] refusing to cooperate by moving his head every time I
moved
the stimulus . . . . [The defendant] stated "no" he refused to do any
further
field sobriety tests." After being placed under arrest, the defendant
"began
yelling and attempted to move away . . . . [The defendant] was yelling
profanity stating that officer . . . was a sorry SOB and several other
derogatory phrases." The defendant later refused to provide a sample of
his breath.
- Breath Test Refusal
Jury Verdict: Not Guilty
Where Tried: County Court At Law, Wise County, Texas
Cause No.: 55056
Arresting Agency: DPS
Summary: Defendant was stopped at 3:00 a.m. on highway 287
coming from Fort Worth. Officer's offense report stated the defendant
was serving over both the center strip and white fog line and the
officer told the defendant that he "was all over the road back there".
Once stopped, the officer claimed the defendant said he "had been
drinking all day". Three full, but cool, unopened beers were
found in the vehicle. The defendant failed all three standardized
field sobriety tests and refused to provide a breath sample on the side
of the road and at the jail. His passenger was arrested for
public intoxication.
Charge:
Aggravated Perjury
Verdict: Directed Verdict of Not Guilty
Where Tried: District Court, Jack County, Texas
Cause No.: 4003
Arresting Agency: JCSO
Summary: Defendant allegedly lied to a grand jury on videotape
when he was asked the origin of a document. His reply was that he
received it from someone named "John" who did not have a last name.
"You know, like Cher." Defendant is then indicted for Aggravated
Perjury. Court granted the defendant's motion for a directed verdict
when the State failed to prove the falsity of the statement by two
witnesses as required by Texas
Code of Criminal Procedure art. 38.18.
- Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At Law, Wise
County, Texas
Cause No.: 55467
Arresting Agency: DPS
Summary: Defendant was stopped for
speeding in Rhome (84 in a 65) at 1:00 a.m. in the morning. The
Defendant admitted to the officer to having "at least six beers". After
failing the Walk and Turn test and the One Leg Stand test, the
Defendant was arrested and "began to kick the back of his pickup
repeatedly." When he was read his Miranda warnings, the Defendant told
the trooper to "F*&^ off." During a search of the car, four full
beers and one open container were found. Once at the jail, the
Defendant refused to provide a sample of his breath.
- Breath Test Refusal
Verdict: Mistrial followed by a
Dismissal
Where Tried: County Court At Law, Wise
County, Texas
Cause No.: 55480
Arresting Agency: DPS
Summary: Defendant was stopped
for speeding and admitted to having "four drinks" and "some shots".
Officer testified that the horizontal gaze nystagmus test (the "eye
test") is 88% accurate in predicting blood alcohol concentration. The
court was made aware of Emerson v. State which specifically holds such
testimony to be inadmissible. Court then granted mistrial. The
State then dismissed the case.
- Breath Test Refusal
Verdict: Mistrial followed by a
Dismissal
Where Tried: County Court At Law, Wise
County, Texas
Cause No.: 55679
Arresting Agency: Runaway Bay PD
Summary: Defendant was stopped
for speeding and swerving within his lane. He denied drinking any beer
but the officer was certain he smelled it. During trial, the officer
testified that the horizontal gaze nystagmus test (the "eye
test"), if positive, means that the Defendant had an alcohol
concentration of more than the legal limit of .08.. The
court was made aware of Emerson v. State which specifically holds such
testimony to be inadmissible. Court then granted mistrial. The State then dismissed the case.
- Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 56715
Arresting Agency: DPS
Summary: Defendant was stopped
for speeding in Newark while driving a Porsche at 3:00 a.m. She
admitted to having one beer and, according to the officer, failed the
three basic field sobriety tests. When asked to take a portable breath
test, the defendant walked away from the officer, got back in her car,
and called her friend saying the officer was being "hostile". The
defendant was arrested for DWI and refused a breath test.
- Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 57782
Arresting Agency: Rhome PD
Summary: Defendant
was clocked doing 86 in a 65 and then turned into downtown Rhome even
though he lived in Newark. The officer found him to have slurred speech
and administered the the hgn test, the walk and turn test and the one
leg stand. The officer testified that the defendant failed all three
tests and then refused to provide a sample of his breath.
Charge:
Criminal Trespass
Verdict: Settled in the Middle
of Trial
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 56173
Arresting Agency: Rhome PD
Summary: Defendant
was charged with going onto his neighbor's land at night and "frog
gigging" at a pond. Defendant was caught at that location by the
neighbor and the police were called. Case was reduced by a plea bargain
in the middle of trial from a Class B misdemeanor to a Class C
misdemeanor and a $500 fine.
Charge:
Intoxication Manslaughter - Blood Test
Verdict: No Deadly Weapon
Finding
Where Tried: 271st District
Court, Jack County, Texas
Cause No.: 4083
Arresting Agency: DPS
Summary: Defendant
pled guilty to the offense of Intoxication Manslaughter and a trial
before the jury was held to determine whether the defendant's vehicle,
which admittedly caused the death of another person, was used as
a "deadly weapon". If a deadly weapon finding occurred, the defendant
would have to serve at least 1/2 of his sentence before becoming
eligible for parole. Without the finding, the most lenient parole laws
would apply.
Verdict: Not Guilty
Where Tried: County Court at
Law, Wise County, Texas
Cause No.: 56354
Summary: Neighbor complained that the defendant pointed a gun (a rifle with a scope) at her niece . Both the the neighbor and
her niece testified they were positive the defendant pointed the gun at
them. Judge instructed the jury that if they believed the
defendant did in fact knowingly point a gun in their direction, they
could presume two critical elements of the State's case.
Charge:
Criminal Trespass
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 58519
Arresting Agency: Wise County SO
Summary:
Defendant was caught on the land of a Wise County Commissioner
who testified that the defendant did not have permission to be there.
The defendant testified that he was brought onto the land by a third
person for the purpose of looking at items that he might wish to buy,
and that he believed that third person had authority to be on the land.
The property was sealed by a locked gate.
- Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 59539
Arresting Agency: DPS
Summary: Defendant
allegedly weaved onto shoulder and then back into his land before
making a wide turn on of highway 380. Defendant admitted to drinking
beer at The Club at Runaway Bay and also had an open container. The
officer administered the three standardized field sobriety tests and
formed the opinion that the Defendant was intoxicated. The
Defendant agreed to provide a breath sample that registered
.124/.127 (legal limit is .08.) Jury found the Defendant not guilty on
the basis that the Defendant's performance on the field sobriety tests
was inconsistent with the breath tests (even though DPS expert was
brought in to testify the machine was working properly that night.)
Charge:
Assault Bodily Injury with Family Violence
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 58673
Arresting Agency: Wise County SO
Summary: Alleged
victim denied abuse once deputies arrived. However, one of the
deputies noticed old bruise marks and met with the alleged victim at a
different location to disclose what had "really happened." Claim was
made that the defendant had slapped her on the right side of her face
"five to six times." At trial, she testified that the blows were so
hard that she couldn't recreate them for the jury by slapping the table
or her hand - she said she would not be able to create that much force.
Photo taken the day of the alleged offense showed minor redness but the
deputy testified the injuries were consistent with her allegations.
- Breath Test Refusal
Verdict: Dismissed by
prosecutor mid-trial
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 61468
Arresting Agency: DPS
Summary: Officer
testified on direct examination that he observed defendant leave a bar
in Decatur and then follow another vehicle too closely on 287. Detected
all six clues on HGN, five clues on Walk and Turn and two clues on One
Leg Stated. Defendant refused a portable breath test and refused
to blow into the Intoxilyzer 5000. Outside of the presence of the
jury, I questioned the officer over whether he had an independent
memory of the field sobriety tests or whether he was simply reading
from his report. He admitted that he had no memory. With the judge
agreeing to instruct the jury that they should disregard all testimony
regarding the field sobriety tests, the prosecutor agreed to dismiss
the case.
- Breath Test
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 59867
Arresting Agency: DPS
Summary: Defendant was
observed throwing lit firecrackers out of his car in downtown Boyd and
followed two miles by Trooper who observed him "touch" the yellow line
with his driver's side tires one time and "barely crossed" the white
fog line one time. The
field sobriety tests were as follows: (1) Four clues on the HGN
test, (2)
on the thirty second One Leg Stand test he put his foot down one time,
and "swayed" and "raised arm for balance" one time at Count 29; (3) on
the Walk and Turn test, he stepped off the line one time, did not touch
heal to toe four times, and made an "improper
turn." An individual who had been at the same party as the
Defendant apologized to the officer for letting the Defendant "drive
drunk" and "thought he would have sobered up by now." Defendant
submitted to a breath test that revealed an alcohol concentration
of .085 and .083.
- Breath Test
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 63698
Arresting Agency: DPS
Summary: Defendant was
stopped for speeding at 11:00 in the morning on highway 287 near Rhome.
The officer smelled alcohol coming from the defendant who admitted to
getting "pretty wasted" the night before. He claimed his last drink was
2:00 a.m. The officer detected six clues during the HGN test but
this evidence was excluded at trial after on objection that the test
was improperly performed. The defendant passed the One Leg Stand test
but failed the Walk and Turn test with three of eight clues.
After a portable breath test, the defendant was arrested and
transported to the Wise County Sheriff's Office where he submitted to a breath test that revealed
an alcohol concentration
of .118 and .119.
- Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 64060
Arresting Agency: DPS
Summary: Defendant was
stopped for speeding on Highway 287 traveling 100 mph in a 70 mph zone.
The defendant admitted to drinking three to four beers (later changed
to four to five) while at a party at Hooter's during the Texas/OU game.
The trooper administered the HGN test, Walk and Turn test, and One Leg
Stand test. The HGN was suppressed at trial after an objection was made
of it being improperly performed. But the trooper was able to testify
to seeing three clues on the other two field sobriety tests and, in his
opinion, the defendant was intoxicated. The defendant also refused to
provide a sample of his breath both on the scene (into a portable
breath test) and at the jail (into the Intoxilyzer 5000). Also, the
defendant made statements of "I normally don't drive that way" and "I
normally don't act that way" which the prosecutor argued was additional
proof that the defendant did not have the normal use of his mental or
physical faculties -- which is the definition of DWI in Texas.
Charge:
DWI - Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 66295
Arresting Agency: DPS
Summary: The Defendant was seen
making a U-Turn on 114 at 2:45 a.m. on a Wednesday morning. A Boyd
Officer turned around to check him out and noticed he had pulled into a
convenience store. A couple of minutes later, the officer drives by
again and sees the Defendant exit the parking lot on the opposite side
and turn on a back road. The officer gets in behind him and stops him
for failing to signal a turn. After smelling alcohol and hearing
slurred speech, the officer calls in a DPS trooper to perform field
sobriety tests. The trooper testified that he gave the Defendant the
three standardized field sobriety tests (and testified the HGN test was
100% accurate), that all were failed (that the Defendant didn't try to
perform the One Leg Stand), that the Defendant refused to provide a
sample of his breath into a portable breath test and refused the
Intoxilyzer 5000 test.
Charge:
DWI - Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 66937
Arresting Agency: DPS
Summary: After 911 call of suspicious parked vehicle on a country road at around 3:00 a.m., a deputy find
the driver asleep in the car. He is sitting behind the steering wheel
with his hands to his side. The deputy testifies the vehicle was
running, radio blaring, and gears in "park". He turned engine off
by reaching in the open driver's side window, but the music (which was
Eminem's Slim Shady) continued to blare until the deputy opened the
vehicle door. The driver remained asleep and only woke up when the
deputy talks a few seconds later to dispatch over the radio. The driver
is initially disoriented and admits to drinking "two to three beers". A
trooper is called for the DWI investigation who performs fields
sobriety tests and arrests the defendant after he determines he is
intoxicated. A breath sample is refused. A search of the vehicle
reveals one open container, one missing beer, four full beers with a
receipt for three hours earlier. Prescription medication is also
located.
Charge:
DWI - Breath Test Refusal
Verdict: Not Guilty
Where Tried: County Court At
Law, Wise
County, Texas
Cause No.: 71564
Arresting Agency: DPS
Summary: The trooper’s report read, “I observed a vehicle that was
swerving, disregard stop signs, failed to signal required distance before
turning, and disregarded a no lane chance device . . . . [The driver] showed
clues on all standardized field sobriety tests, admitted to drinking alcohol
and taking medication [a muscle relaxer], and had an open container in the center console . . . .
[She] refused to give a specimen of her blood.”