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

Ray v. State, 816 S.W.2d 97 (Tex.App.-Dallas 1991, no pet.).
Defendantfound in hisvehiclewith enginerunning, stopped crosswr'sebehindtruck, slumped behind
steering wheel, foot on brake pedal holding car in place while transm.ssion in drive = sufficient.
Lopez v. State, 805 S.W.2d 882 (Tex.App.-Corpus Christi 1991, no pet.).
1)
2)
officer observed defendant move from driver's seaf to rear seat upon stopping his vehicle;
defendant found in rear seat feigning sleep;
3) officer had encountered defendant on previous stop attempting this same ruse.
Pope v. State,802 S.W.2d 418 (Tex.App.-Austin 1991, no pet.).
1) defendant's truck found stopped in roadway;
2) engine was running and 4ights were on;
3) truck belonged to defendant;
4) defendant sitting behind steering wheel.
Boyle v. State, 778 S.W.2d 113 (Tex.App.-Houston [14th Dist.] 1989, no pet.).
1) defendant's car was stopped in traffic;
2) defendant was not asleep;
3)
4)
5)
defendant had herfoot on brake pedal;
car was in gear and engine running;
no other person around car.
Revnolds v. State ,744 S.W.2d 156 (Tex.App.-Amarillo 1987, pet. ref'd).
1) defendant's car was halfway in a ditch;
2) defendant was alone;
3) defendant was behind the wheel;
4)
5)
defendant's feet were on the floorboard under steering wheel;
driver's door closed;
6) defendant admitted he was driving.
Yearv v. State ,734 S.W.2d 766 (Tex.App.-Fort Worth 1987, no pet.).
1) defendant's vehicle involved in two car accident;
2) no one but defendant in cab of truck;
3) defendant only person in vicinity of accident;
4) windshield missing ftom truck and lying on top of defendant;
5) defendant told witness he wanted to get back up & drive truck.
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