Posted by onlyme on 1/27/10

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This is my bf's second dui in seven years. What can be
expected in court? I put in a copy of the police report
and related facts. Does anyone think he stands a good
chance of being found guilty?

POLICE REPORT

Arresting officer police report - Bexar County, San
Antonio, Texas

Occurrence Friday, November 27th, 12:45 a.m... Weather
conditions, cool and dry.

While on patrol in a marked patrol vehicle, I was
monitoring the westbound traffic lanes of IH 10 W at
Ramsgate on a large right shoulder. The listed vehicle
drove onto the right shoulder adjacent to my patrol
vehicle at a high rate of speed. I confirmed the rate of
speed to be 80 mph in a 65 mph zone in lane 3 of 3. The
vehicle continued on westbound in lane 3 and drifted onto
the right shoulder and into lane 2, failing to maintain a
single lane of travel. I initiated a traffic stop at the
listed location and the vehicle stopped in a private
driveway.

I approached the vehicle from the driver’s side to
identify the driver AP. While talking with the AP, I
identified myself and explained to the AP why he was
stopped. I observed the AP spoke with a very noticeable
slurred speech, had bloodshot/glassy eyes, had a strong
odor of intoxicants on his breath, fumbled with is wallet
while retrieving his driver’s license, and also fumbled
with his paperwork looking for his insurance with think
fingers.

I asked the AP where he was coming from and he stated with
slurred speech that he was “visiting with friends over
there”. The AP stated “I was over there having a” and
stopped himself mid sentence. The AP also stated that he
was working all day and took some people out.

I requested the AP to exit the vehicle and submit to
SFSTS. The first test administered was the HGN. The AP had
to be reminded several times to follow the stimulus (pen
light), having difficulty following directions. I observed
all six clues including vertical nystagmus. The second
test administered was the walk and turn. The AP again had
a difficult time following directions.

The AP started before being told several times, could not
balance during instructions, did not touch heel to toe
front and return, stepped off line front and return, used
arms for balance front, turned incorrectly and took the
wrong number of steps front. The third and final test
administered was the one leg stand. The AP swayed, used
his arms for balance and put his foot down seven times.

Due to my observations and the AP’s performance on the
SFSTS, I felt the AP could no operate a motor vehicle
safely and he was driving intoxicated. I placed the AP
into handcuffs and secured him into my patrol vehicle. I
advised the AP of his rights via SAPD form 66-E and he
refused to answer any questions. I read the AP the DIC
form 24 and requested a breath sample, and he refused. I
provided the AP a copy of the DIC form 24 and the DIC form
25.

The listed vehicle was towed to Growdon Pound by a
contract wrecker. I transported the AP to 401 S. Frio
where he was booked for PC 49.04 DWI Second. The AP stated
while being transported without being asked a question and
brought up in general conversation that he had a couple of
beers when he went out with friends.[/COLOR]The AP was
found to have a previous conviction for DUI on 11/14/2002.

MISCELLANEOUS INFO FROM POLICE REPORT.

He received a “Statutory Warning” for refusing to provide
a specimen and refused to sign the warning. He then
received a “Notice of Suspension Temporary Driving Permit”
because he was arrested for a DWI and refused to provide a
specimen and his license was confiscated.

STATEMENT OF THE FACTS TO HIS ATTORNEY.

He works in retail. He had been working from Friday
November 20, 2009 through Thursday November 26, 2009
(Thanksgiving day). He had been working 11-12 hours per
day except for Thanksgiving day which he worked 5am until
1:30pm. Retail is very stressful during the holidays

He ate a sandwich at about 10am & had 4 slices of pizza
for dinner at about 3pm. He was watching all day and then
left his apartment at about 9;30pm & went to a bar where
he had 3 Crown and Cokes. [/COLOR]He left the bar about
12:45am and was on his way home when he noticed a police
car on the right side of the road and he followed him for
awhile before pulling him over. The officer said he had
been speeding and that he also went off the side of the
road and that is why he pulled him over. The officer,
asked him for his driver's liscence and insurance cards
which he had both. He then had him get out of his vehicle
and asked him to take a breath test, which was refused. He
gave him an eye test which he thought he passed and then
the officer had him do the walking test in which the
officer felt he could not pass and arrested him for dwi.
He was nervous, it was 46 degrees and the sport jersey he
was wearing is very thin. The officer placed him in two
hand cuffs, to make him comfortable, and placed him in the
rear of his car. The officer waited for the wrecker
service to get his car and then started to transport him
to jail.

He asked if he could call his friend so he could make
arrangements to get him out of jail and the officer
responded, "If you can get your phone out of your pocket".
He reached around his body and got his cell phone out of
his left front pocket and placed a call to his friend and
told him he had been arrested because the officer thought
he was drunk. He was taken to jail and processed and was
then released about 11am with a bond. His friend picked
him up, took him to the Bails Bond office where he signed
paperwork and then we went to get his car out of impound.
He was home by 1:30pm.

He has a previous dui from 2002, this making it his second.

Re: Texas Second DUI, 2/09/10, by James.

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