8.07.2009

To Get Me Off The Top Post

The Fort Worth Court of Appeals handed down an opinion today in a DWI related Wise County case. Guy gets stopped by a trooper, given a citation for speeding, and let go. Five minutes later he is stopped by another trooper for speeding. This trooper smells alcohol, bloodshot eyes, and the driver being "unsteady" on his feet. He is asked to perform field sobriety tests and the defendant refuses. Issue: Was there probably cause to arrest the guy for DWI? Answer: Yes (the answer always seems to be "yes".) Opinion. (PDF) (It's really boring)