Alcohol & Drugs: DUI, DWI DWI - Texas - Officer's False Report

[TXLeaseQuestion]

Have a little issue I am trying to take care of for my fiance.


She was pulled over in Tarrant County Texas by a DPS trooper out of Hurst.

Officer pulled over without reasonable suspicion/probable cause. Officer was driving approximately 40 miles per hour and she passed him then I did.

Pulled over approximately 5-10 miles later when he randomly drove past us at a gas station. Visual contact was lost for a significant time frame.

Performed field sobriety test, she passed all aspects. Still took her in. Fails breathalyzer at the department (no field breathalyzer administered) .

Arrested/booked for DWI

Now we are getting the police report and the trooper has blatantly lied about the field sobriety test stating that she had failed each and every aspect.


Ayyy what a headache. Any help would be very appreciated.

 

[army judge]

Have a little issue I am trying to take care of for my fiance.


She was pulled over in Tarrant County Texas by a DPS trooper out of Hurst.

Officer pulled over without reasonable suspicion/probable cause. Officer was driving approximately 40 miles per hour and she passed him then I did.

Pulled over approximately 5-10 miles later when he randomly drove past us at a gas station. Visual contact was lost for a significant time frame.

Performed field sobriety test, she passed all aspects. Still took her in. Fails breathalyzer at the department (no field breathalyzer administered) .

Arrested/booked for DWI

Now we are getting the police report and the trooper has blatantly lied about the field sobriety test stating that she had failed each and every aspect.


Ayyy what a headache. Any help would be very appreciated.

You shouldn't worry about what the police officer says. You must defend her case. You have to rebut the officer's assertions. That is easier than it sounds. The officer is given credibility and believability by showing up and testifying.

You have to testify to what you observed. You will have a difficult time attacking his probable cause for the stop. The problem for your GF is she blew above the legal limit.

By the way, what did she allegedly blow?

My advice is that she should remain silent and plead not guilty. She should hire an attorney. If she can't afford one, ask the court to appoint one to represent her. Tell the attorney what you observed. Don't try to let her do this pro se. She needs an attorney. Once she has one, you need to volunteer what you know and let the lawyer try the case!

 

[mightymoose]

What you believe to be "passing in all aspects" may very well be a failure. You are not trained in field sobriety tests and likely do not know what the officer is watching for.
It also seems you are unsure what the officer's reason for making the stop was. It is incredibly easy to justify a traffic stop. You can be driving perfectly well but have a light bulb out, fail to signal, be just a few mph over the limit, have an obstructed window, obstructed license plate... lots too choose from.
It sounds as if you have actually seen the officer's report. What is given as the reason for the stop?
The failed breathalyzer won't likely be overcome.

 

[jabonmoce]

thanks for that information