Recent Cases Which May Be Helpful In Your Defense Of A Texas DWI
Texas v. Homan: Field Sobriety Tests not allowed to establish
probable cause unless done correctly.
Knowles v. Iowa: Officers may not search beyond what is necessary
for officer safety in a routine traffic stop.
U.S. v. Lambert: A defendant was seized while agents held his
driver's license for 20 minutes.
U.S. v. Buchannan: The defendants were seized when the troopers
separated them from their vehicle.
U.S. v. Mitchell: A defendant retains his privilege against
self-incrimination through sentencing.
Florida v. J.L.: A seizure can not be made based on an
uncorroborated anonymous tip.
Emerson v. State: Results of a Horizontal Gaze Nystagmus Test are not
admissible unless the officer can show he is trained, experienced or certified
to administer the test.
Hernandez v. State: Weaving may not be reasonable suspicion justifying the stop
of your vehicle by the officer.
Erdman v. State: The officer cannot force you to take a breath or blood test.
In fact, the officer may only read you the statutory warning concerning your
rights to take the test. It may be considered coercion if the officer answers
any questions you may ask him regarding the breath test.
Mata v. State: The state must meet strict scientific standards in order to offer
testimony that a certain result of a breath test taken after the time of driving
means a certain test result at the time of driving.
