Recent Jury Trials. Note: All results are case specific and no guarantee can be made that the same result will occur in all cases.



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. 


Charge: DWI - 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.
Charge: DWI - 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.

Charge: DWI - 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.

Charge: DWI - 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.

Charge: DWI - 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.

Charge: DWI - 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.

Charge: Deadly Conduct
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.

Charge: DWI - 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.

Charge: DWI - - 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.

Charge: DWI - - 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.

Charge: DWI - 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.

Charge: DWI - 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.”