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

Hernandez v. State, 13 S.W.3d 78 (Tex.App.-Texarkana 2000, no pet.).
ln DWI accident, evidence that showed r,rrifness placed defendant on the driver's side of a pickup
truck that belonged to him immediately after the accident, was sufficient evidence for jury to find he
was driving. Thiswasthe case even though defendanttold the police atthe scene and later on the
tape that someone other than himself was driving and no wifness could testify that.they saw
defendant driving.
Purvis v. State, 4 S.W.3d 118 (Tex.App.-Waco 1999, pet ref'd).
Defendant was found by civilian witness in his pickup in a ditch, with truck lights on. Defendant was
passed out on floorboard with feet on driver side and head on passenger srde. No one else in the
area. Evidence at the scene appeared to show path truck traveled from the road. Defendant
admitted driving, appeared intoxicated andfailed HGN-sufficientevidence under New Posf- Geesa
Standard and oral admission that defendant was driving was sufficiently corroborated.
Gowans v. State, 995 S.W.2d787 (Tex.App.-Houston [1't Dist.] 1999, pet. ref'd).
Here the facts were that the defendant while driving left the highway and drove onto IP's private
driveway, striking the car IP was sitting in, causing his death. The defendant argued that since the
car that he struck was on private property, the State failed to prove the public place element. The
Court held that evidence that he drove on public highway prior to accident was sufficient.
Milam v. State, 976 S.W.2d 788 (Tex.App.-Houston [1't Dist.] 1998, no pet.).
1) defendant was found as/eep in his car in which he was the sole occupant;
2) engine was running and his foot was otn the brake;
3)
4)
evidence showed car had been at the location /ess fhan 5 minutes;
when awakened, defendant put car in reverse
=sufficient evidence defendant "operated" his car.
Kerr v. State, 921 S.W.2d 498 (Tex.App.-Fort Worth 1996, no pet. h.).
Hetd that there was sufficient factual corroboration of defendant's statement that he was driver to
prove he "operated the motor vehicle." Namely, that witness heard a car sliding into gravel and
immediately came outside of his house and saw defendant get out of the car which was in the ditch.
State v. Savaqe, 933 S.W.2d 497 (Tex.Crim.App. 1996).
1)
2)
3)
4)
5)
6)
police found defendant's truck stopped on entrance ramp of highway;
defendant sitting behind the wheel asleep;
his feet were on floorboard;
headlights were on and engine was running;
gearshift was in park;
no empty alcoholic beverage containers were in car.
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