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

State v. Arriaqa, 5 S.W.3d 804 (Tex.App.-San Antonio 1999, pet. ref'd).
ln a DWI investigatory detention, drifting within the lane does not give rise to reasonable suspicion
to pull over. Under the totality of the circumstances, the officer must have more facts which lead
him to intoxication. For example, just pulled out of a bar and the time of night. The officer offered
no evidence to show that he believed the defendantto be intoxicated. Although mere weaving in
one's lane of traffic can justify an investigatory stop when the weaving is erratic, unsafe, or tends
to indicate intoxication or other criminal activity, nothing in the record indicated that the
arresting.officer believed any of the above to be the case.
State v. Tarvin ,972 S.W.2d 910 (Tex.App.-Waco 1998, pet. ref'd).
Where evidence at Motion fo Suppress was that officer observed defendant weaving within his lane
and there was no testimony that officer found said driving to be "erratic, unsafe or tending to
indicate intoxication," trial judge was correct in suppressing the stop. /n essence the evidence
didnt rise to the level necessary to support stop under Texas Transportation Code U5.060(a).
See a/so Ehrhart v. State. I S.W.3d 929 (Tex.App.-Beaumont 2000,reh. overruled).
Hernandez v. State, 983 S.W.2d 867 (Tex.App.-Austin 1998, pet. ref'd).
A single instance of drifting across a traffic lane does not give an officer reasonable suspicion to
pullthe car over unless it was dangerous fo do so. For example, on a four lane highway with no
traffic around.
L. DEFECTIVE TAIL LAMP AS BASIS FOR STOP
1. NO
Vicknair v. State, 751 S.W.2d 180 (Tex.Crim.App.1998 [op. on reh'g]).
Where sfop was based on cracked tail lamp with some white light showing through, there was
insufficient evidence that traffic statute was violated. (Red light also showing.)
2. YES
Texas Department of Public Safety v. Hindman, 989 S.W.2d 28 (Tex.App.-Fort Worth 1999, no
pet.).
Whbre sfop was based on broken tail tight with white light showing through and there was no
evidence that any red light was showing, there was sufficient evidence of traffic statute violation
and stop was proper. (Vicknat Distinguished.)
25