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

Reddie v. State , 736 S.W.2d 923 (Tex.App.-San Antonio 1987, pet. ref'd).
1) defendant found slumped over wheel of car;
2) intoxicated;
3) motor running & car in gear.
Note: But see Barton cited above.
Ford v. State, 571 S.W.2d 924 (Tex.Crim.App. 1978).
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officers arrived at intersection of public/private road;
defendant's truck found 15-20 feet off roadway;
another car and 3 other people already at scene;
no one inside the truck;
upon inquiry defendant admitted he was driver;
no other evidence truck had traveled on road.
Chamberlain v. State , 294 S.W .2d 719 (Tex.Crim.App. 1956).
Defendant steering an automobile with engine not running as it moved upon a highway being
pushed by another automobile was sufficient to constitute "driving and operating" of such automobile
within statute prohibiting the driving or operating of a motor vehicle while under the influence of
intoxication liquor. Vernon'sAnn. P.C. Art. 802.
D. EVIDENCE OF INTOXICATION AT TIME DEFENDANT WAS DRIVING
1. INSUFFICIENT
McCafferty v. State, 748 S.W.2d 489 (Tex.App.-Houston [1't Dist] 1988, no pet.).
Where officer arrived atthe scene of the accident one hour and twenty minutes after it occuned and
a wifness testified defendant did not appear intoxicated at the time of the crash, there was no
extrapolation evidence. More than two hours passed before the defendant gave a breath test, and
the State failed to esfabf'sh that the defendant was not drinking in the time period following the crash
and before the officer arrived = insufftcient evidence defendant was "intoxicated while driving."
Reasonable hypothesis standard was applied. NOTE: fhrb ts a Pre-Geesa opinion.
2. SUFFICIENT
Schillitaniv. State, 2009 WL 3126332 (Tex.App.-Houston [14m Dist.]2009). Vacated & remanded
2010 WL 2606485 (Tex.Crim.App. 2010).
Ihis is a case where defendant had driven his vehicle off the road and into a ditch, and officer's frlsf
contact with him was after the accident. Court held that though the evidence supports a finding the
defendant was intoxicated at the accidenf scene upon the officer's arrival, the tack of evidence
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