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

Bucek v. State ,724 S.W .2d 129 (Tex.App.-Fort Worth 1987, no pet.).
1)
2)
confessed he was the driver of vehicle;
defendant present at scene of accident;
3) his car was only other car on road;
4)
5)
approached victim almost immediately disclaiming fault;
defendant was only other person present;
6) told his doctor he had hit his head in mv collision.
Keenan v. State, 700 S.W.2d 12 (Tex.App.-Amarillo 1985, no pet.).
1) defendant observed sitting behind wheel of car;
2)
3)
defendant slumped over;
car sitting partially in main traffic lane;
4) exhaust fumes seen coming ftom car.
Green v. State, 640 S.W.2d 645 (Tex.App.-Houston [14th Dist.] 1982, no pet.).
1) single vehicle accident;
2) wifness arrived at scene of crash as soon as he heard it;
3)
4)
wifness found defendant lying in front seat near steering wheel;
defendant positioned with his feet near steering wheel and head near passenger side;
5) nobody else in the car.
C. INSUFFICIENTCORROBORATIONOF'DRIVING/OPERATING"
Texas Department of Public Safety v. Allocca, 301 S.W.3d 364 (Tex.App.-Austin 2009).
Court of Appeals found under the following facts that motorist was not "operating" his vehicle while
intoxicated, for purposes of suspension of license for refusal of test. He was found sleeping in the
car with the front seat reclined, the car in park, the lights off, and the engine running (per suspect)
solely for the purpose of air conditioning, while parked in a parking lot behind his place of
employment.
Hanson v. State, 781 S.W.2d 445 (Tex.App.-Fort Worth 1990). Appeal abated, 790 S.W.2d 646
(Tex.Crim.App. 1990).
1) one car accident;
2)
3)
defendant found standing next to wrecked car;
defendant did not appear to be injured;
4) defendant admitted to the police that she had been driving.
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