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

Franks v. State,241 S.W.3d 135 (Tex.App.-Austin 2007, pet. ref'd).This was an appeal of a motionfo suppress deniat. Ihe rssue was whether the officer's contactwith a visibly upset female motorist in a parked car with the motor running and his refusal to allowher to leave, fellwithin Community Care-taking Exception. The Court found that the officer's initialinteraction with the defendantwas an encounter, butthat encounter became a detention when theofficer told the defendant she couldnT leave. The detention was not justified by the officer'scommunity care-taking function because the defendant did not exhibit a high enough level ofdisfress, she was not in an unsafe locatian, and she did not pose a danger to herself or others.Corbin v. State, 85 S.W.3d 272, (Tex.Crim.App.2AA\.Defendant's carwas observed at 1:00 a.m. crossing over a side stripe ontothe shoulder of the roadand driving on the shoulder about 20 feet. He was traveling 52 mph when speed limit was 65 mph.Officer pulled Defendant over for failure to maintain a single lane and because he felt theDefendant might be drunk or in need of assisfance. Before pulling him over, the officer followedthe Defendant for about a mile and obserued no traffic violations. Upon stopping, it was discoveredthat the Defendant had cocaine strapped to his back. The majority focused on whether the officer'sbelief that Defendant needed help was "reasonable." The Court further held that the most weightshould be given to factor number one, namely, "the nature and levelof disfress exhibited by theindividual." The Court held that the "community care-taking function" did not apply in this case.Andrews v. State, 79 S.W.3d 649 (Tex. App.- Waco 2002, pdr ref'd).Officer obserued Defendant pull to the side of the road and then observed Defendant's wife, frontseaf passenger, lean out the door and vomit, and the Defendant drove off and was stopped byofficer. Court held stop was not justified by the community care-taking function.F. OFFICER'S ARREST AUTHORIW WHEN OUTSIDE JURISDICTION1. FOR A TRAFFIC OFFENSE(a)STOPS MADE BEFORE 9-01-05 = NOState v. Kurtz, 152 S.W.3d 72 (Tex.Crim.App., 2004).An officer of the police department of a city does not have authority to sfop a person for committinga traffic offense when the officer is in another city within the same county.1_5