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Publisher Description

Appellant was arrested for DWI on January 16, 1987, after she had gotten her car stuck in a ditch caused by some road construction, as she was trying to go around some barrels blocking the normal exit from a fast food restaurant onto Westheimer. The wrecker driver, who was sent to assist her, was stopped on his way by a police officer for a traffic violation. Upon hearing of the accident, Officer Poff, who was assigned to the DWI Task Force of the Accident Division, decided to accompany the wrecker driver to investigate. Poff testified that when he arrived at the scene at approximately 3:50 a.m., he detected a strong odor of alcoholic beverage on appellants breath, and saw that her eyes were bloodshot. He established that appellant had driven the car, both from her own admission and from statements of David Stauber, who had witnessed appellant drive into the parking lot from Westheimer at approximately 2:30 a.m. and her subsequent accident. After giving appellant a field sobriety test, which she failed, Poff placed her under arrest and took her to the police station. A videotape was made, and a breath test was administered to appellant by Officer Webster at approximately 4:45 a.m. The result of the breath test showed on alcohol level of .18. The legislature has established .10 as per se intoxicated. Tex.Rev.Civ.Stat.Ann. art. 6701l-1(a)(2)(B).

GENRE
Professional & Technical
RELEASED
1988
March 10
LANGUAGE
EN
English
LENGTH
7
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
61.7
KB

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