Our client was accused of driving 90mph on Hwy 114 at 1:20am in Grapevine, Texas. She was pulled over and the officer smelled both an odor of alcohol and the odor of marijuana. The Grapevine Police Officer found an open container of alcohol and a blunt floating in water in a cup. The client admitted that she was leaving a 21st birthday party where she had been drinking and smoking marijuana. Upon the officer’s request, client could not produce her driver’s license and the officer testified that this was due to her level of intoxication. The officer proceeded to investigate by having the client get out of the vehicle and perform field sobriety tests. According to the officer’s testimony, the client failed all 3 tests. At the jail, the officer requested a breath test which our client consented to. The results came back a .10/.102. During a jury trial, the district attorney had their expert extrapolate the client to a .11-.13 at the time of driving which is higher than the actual test results.
Through all the evidence and arguments, The Medlin Law Firm was able to show the jury that the client had normal mental and physical faculties at the time of driving. We were also able to get the Tarrant County District Attorney’s expert to admit that the client was possibly under .08 at the time of driving. Because of our work in pointing out the inconsistencies and the conflicts in the State’s evidence, the jury found our client NOT GUILTY.
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