Driving While Intoxicated Case Law Update - Texas District ...

Holmberq v. State, 931 S.W.2d 3(Tex.App.-Houston [1st Dist.] 1996, pet. ref'd).
Same holding as in the Ayers case cited above. The defense argument was that the court's reliance
on Neaves as a precedent was misplaced as the new license revocation process, unlike the old one,
provides for a full and fair hearing. ln rejecting that argument, the court points out that the holding
rn Neaves was not dependent on the procedure, but rather on the fact that the "ultimafe r'ssue(s) of
ultimate fact are, nevertheless different" between the two proceedings.
Ex Parte McFall, 939 S.W.2d 799 (Tex.App.-Fort Worth 1997, no pet.).
Even though at an ALR hearing the judge found that DPS did not prove by a preponderance of the
evidence that there was a reasonable suspicion to stop the defendant and denied the petition to
suspend her license, this did not bar the State on double jeopardy or collateral estoppel grounds
from subsequently prosecuting the defendant for DWI.
Church v. State,9423.W.2d 139 (Tex.App.-Houston [1st Dist.] 1997, pet. ref'd).
ALR judge's finding that DPS did not prove defendant was operating a motor vehicle and denial of
motion to suspend license did not bar. prosecution of DWI based on collateral estoppel.
Todd v. State, 956 S.W.2d777 (Tex.App.-Waco 1997, pet. ref'd).
Administrative law judge's determination of "no probable cause" in license suspension proceeding
did not collaterally esfop trial court from relitigating probable cause issue rn criminal proceeding.
Primary basis for ruling was that license suspension was not "pltnishment."
E. NO DOUBLE JEOPARDY BAR TO PROSECUTING DEFENDANT FOR BOTH
1. Dwl & DWLS
State v. Rios, 861 S.W.2d 42 (Tex.App.-Houston [14th Dist.] 1993, pet. ref'd),
A defendant can be prosecuted for both DWLS and DWI when they arise from the same criminal
episode without violating the rule against double jeopardy.
2. DWI & FSRA
State v. Marshall, 814 S.W.2d 789 (Tex.App.-Dallas 1991) pet. ref'd).
A defendant can be prosecuted for both FSRA and DWI when they arise from the same criminal
episode without viotating the rule against double jeopardy.
1"45