Texas v. R.E.

.14 BLOOD TEST!!!! Client was pulled over in Ft Worth after an off duty police officer observed him driving erratically on the freeway. The arresting officer followed the client from a gas station and saw him weave once. Our question which the jury wanted to know was: if he was so dangerous and erratic, why did you let him drive from the gas station? Client pulled over safely and timely. Client allegedly showed 6 clues on the HGN, but every officer says that. The client looked ok to normal on the walk and turn and one leg stand. The jury said it was understandable how scared he was with 3 officers standing around watching him. He consented to the blood draw, but ultimately the blood was suppressed and the jury never got to hear about it. The State did not produce the blood draw nurse. The State brought in case law that it wasn’t hearsay and they only needed the first and last person in the chain of custody. The smart Judge recognized that I wasn’t objecting to that, but rather the third prong of Kelly and that the technique was not proven to be properly applied in this case. The State still pressed on and would not offer anything. We rested right after them and the jury came back within 25 minutes with a Not Guilty. Now the client plans to propose to his girlfriend that this nightmare is over. Thank you to the jury for your just verdict.