Re: Texas Second DUI

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I believe there is a good chance that your BF will be found
guilty, especially given that he already has one DUI conviction.

On 1/27/10, onlyme wrote:
> 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.

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