Texas v. S.N.

.142 BLOOD TEST!!!! Client was involved in an accident on his way back to a bar from getting cigarettes. Client claims the complaining witness came out of the side and hit him, and the CW says the client was going the wrong way down Spencer Highway and t-boned him. Regardless, the client panicked and left the scene to go get his girlfriend at the bar to bring her back because it was her new car. Client has a history of head trauma that led him to be diagnosed with poor decision making and even attend special education classes in high school. Client came into the bar and immediately pounded 3 shots of Southern Comfort that were on the table. The girlfriend and others immediately asked what was the matter. As he was taking the girlfriend out to see the damage, the police arrived and arrested him. He was taken to the police station and examined by Pasadena DWI Task Force. He looked and sounded great on the video. But 3 hours after the stop, his blood alcohol was 0.142. The analyst conceded that either a person drank 3-4 shots right after the accident or was a 0.20 at the time of the accident. The jury understood that Texas is an “at the time of driving” state law. The State could not prove beyond a reasonable doubt that the client was intoxicated at the time of driving. Thank you to the smart and courageous jury for following the law and giving the client his life back. The client sure made a stupid decision by running in and pounding shots, but it wasn’t illegal.