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

B. DENIAL OF PROBATION DUE TO LANGUAGE BARRIER-PROPER
Flores v. State, 904 S.W.2d 129 (Tex.Crim.App. 1995).
Defendantwas convicted of DWI and sentenced by the judge to jail in large part because he spoke
only Spanish, and there were no appropriate rehabilitation programsfor Spanrsh speakers. Decision
held not to violate defendant's rights as vyas rationally related to legitimate government interest.
XXVIII. NO J.N.O.V. IN CRTMINAL CASES
Savaqe v. State, 933 S.W.2d 497(Tex.Crim.App. 1996).
Trialjudge has no authority to grant a j.n.o.v. in criminal case. lt can grant a motion for new trial
based on insufficiency of the evidence but when rt does, State can appeal.
XXIX. COURT OF APPEALS SHOULD NOT RE.WEIGH EVIDENCE
Perkins v. State, 19 S.W.3d 854 (Tex.App.- Waco, April 19, 2000, pet. denied).
Officer came upon car parked in the middle of the road. Firefightertestified that defendant seemed
intoxicated. There were beer cans in back seat noted by one officer and not by another officer.
Officer noted strong odor of alcoholic beverage on defendant's breath, slurred speech, disoriented,
refused to give sample. Defendant admitted only one beer and no evidence he had more. Court
of Appeals improperly re-weighed evidence, including how good defendant looked on videotape and
substituted its findings for those of the jury and reversed Case went to Court of Criminal Appeals
which granted PDR and pointed out correct standard in 993 S.W.2d 116 (Tex.Crim.App. 1999).
Upon rehearing, Court of Appeals found evidence factually sufficient and affirmed the conviction.
XXX. MISDEMEANOR APPEAL BOND CONDITIONS
Grady v. State, 962 S.W.2d 128 (Tex.App.-Houston [1st Dist.] 1997, pet. ref'd).
Courts have no authority to put conditions on misdemeanor appeal bondsthat are not provided for
by statute. ln this case, the conditions that the defendant: 1) submit to random UA; 2) place
interlock device on vehicle; 3)home confinement; 4) electronic monitoring were upheld. Condition
that he attend AA was held to be invalid.
Ex Parte Leverett , 2006 WL 279388 (Tex.App.-Dallas 2006, no pet.) (Not designated for
publication).
The following conditions mposed on appeal bond after misdemeanor DWI conviction were held to
be proper:
1) .
Commit no offense against the laws of Texas or any other state or the United Sfafes;
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