A Recent Case Win–Motion to Suppress Granted and .11 BAC Blood Test DWI Case Dismissed by Bo Kalabus

bo@kalabuslaw.com

972-562-7549

214-402-4364 (24 hour jail release)

The client was pulled over for failing to signal a lane change in the early morning hours of the busy 4th of July weekend.  Once at the driver’s side window, the police officer smelled the odor of alcohol beverage, asked the client to step out of the vehicle, and began to administer field sobriety tests.  The client performed well on the tests, but consented to a blood test that revealed a .11 blood alcohol content–the legal limit in Texas is .08.  Seems like a certain conviction for the State of Texas right?

On the surface perhaps, but at trial following jury selection I urged a Motion to Suppress the vehicle stop because the police officer’s in-car video recording did not show my client’s vehicle at the time of the alleged no signal lane change due to a hill the vehicles were going over at the time–the client crested the hill in the middle lane and descended out of camera view; next, the police officer crests the hill and my client’s vehicle comes back into view and he’s in the right hand lane–we never see him change lanes and argued that neither could the police officer.   Following arguments, the judge granted the Motion.  With the reason for the stop now moot, the State of Texas dismissed the case against my client.

In the final analysis, this was a rushed decision to pull the client over.  The evidence at the hearing on the Motion to Suppress just did not support the reason for the vehicle stop and the case dismissed.  The client was relieved and very pleased with the result.

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