Our client had gotten his vehicle high-centered on an embankment in Farmers Branch, Texas. The Dallas County Fire Department called the police to come check on our client’s welfare. The police officer testified that he smelled an “overwhelming” odor of alcohol, heard slurred speech, and saw blood shot, watery eyes on our client. Based on his observations, the officer decided to have our client perform field sobriety tests. The Farmers Branch Police Officer testified that our client was uncooperative during the tests, and the parts he did do, he failed. After the arrest, the officer took our client to give a breath test. The results were .154/.151 at 8:00am. At the trial in Dallas County, Texas, Attorney Matt Peacock requested a hearing outside the presence of the jury to argue the legality of the detention and arrest. Our client, because of his immigration circumstances, had to turn down all plea offers and fight his case. He was facing 0-365 days in Dallas County Jail and up to a $4000 fine. Ultimately, the Judge concluded that the detention and arrest was unlawful and directed the jury to find our client NOT GUILTY.
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