BWI 2nd / State of Texas v. H.E.

.105 Blood test. Client was on the lake jet skiing with the neighbor kid, who is like a son to him.  While loading up their jet skis at the end of the day, they are cut off by a very abrasive family on a boat.  During cross examination the man had to be repeatedly told to calm down and answer the questions.  The man’s mother testified that her son had a hot temper just like she did.  The cell phone videos showed this boat being very belligerent and threatening to kick my client’s rear end.  Bystanders called the police.  When Sheriff’s arrived, the 15 year old boy was backing up the truck and trailer and having troubles.  You can hear the Lt Sheriff tell his deputies to check the driver for DWI and probably the guy on the jet ski for BWI.  He hadn’t even talked to them or realized the boy was just 15.  But this started the rush to judgement.  My client suffered from a speech impediment and admitted to drinking.  Cop after cop refused to acknowledge they rushed to judgement or could have been wrong.  One officer didn’t even know the definition of intoxication and told the jury that even if the client blew 0.000 he would still have taken him to jail.  It became very obvious that my client didn’t stand a chance.  He refused all tests and said: I’ll take my chances in a court of law.  They obtained a blood warrant and the results came back at a .105.  We knew the blood was wrong when we saw the upward trend of internal standard.  Then we saw the blood in court and it was clotted; which always results in falsely elevated ethanol results.

It took 720 days to get to trial and get this verdict.  During that time, he lost his oil and gas job and his wife left him because he could no longer provide for the family.  He lost 30 pounds waiting for this trial over almost 2 years.  The jury heard all the evidence.  The jury remained true to their doubts and followed the law and returned a swift Not Guilty verdict.  I hope they all remember this verdict proudly for the rest of their lives.  The family cried when the verdict was read out.  And the family all thanked us for giving their father, brother, and friend back.  This simple arrest took years off his life.  The DA and Judge ran a nice fair trial in the quaint Texas town of Fairfield, Texas.  In the end, justice was served and he got his life and freedom back.  Thank you to that Jury.  And thanks for God for aligning all the stars in this case.