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

I. FAILING TO DIM LIGHTSTexas v. McCrary, 986 S.W.2d 259 (Tex.App.-Texarkana 1998, pet. ref'd).Violation of a portion of the traffic code (failing to dim lights) provides a sufficient basis for a trafficsfop.J. RAPID ACCELERATION/SPINNING TIRES1. YESFernandez v. State, 306 S.W.3d 354 (Tex.App.-Fort Worth 2010).Officer heard defendant's pickup loudly squealifs fires and saw light smoke coming from the tiresasthepickupfishtailedabouttwofeef oufsrdeifs/ane oftrafficsupportingofficer'sopinionthatwhathe observed constituted reckless driving and supported the stop. Ihis was so although there wereno vehicles directly around defendant's vehicle though there was testimony there were othervehicles in the area.Bice v. State, 17 S.W.3d 354 (Tex.App.-Houston [1"'Dist.] 2000, reh overruled).Collins v. State, 829 S.W.2d 894 (Tex.App.-Dallas 1992, no pet.).Harris v. State, 713 S.W.2d773 (Tex.App.-Houston [1't Dist.] 1986, no pet.).2. NOState v. Guzman, 240 S.W.3d 362 (Tex.App.-Austin 2007, pdr ref'd).The spinning motion of one tire of defendant's truck as truck began to move from a stop after trafficlight turned green did not alone give police officer reasonable suspicion that defendant wasunlawfully exhibiting acceleration in violation of statute pertaining to racing on highways, and thusofficer's stop of defendant's vehicle on that basrs was unlawful.K. WEAVING WITHIN LANE1. YESDunkelberq v. State, 276 S.W.3d 503 (Tex.App.-Fort Worth, 2008, pet. ref'd),The defendant's vehicle was obserued weaving within lane in road. The vehicle crossed the lanedivider at least once. ln supporting this asthe basrs forthe stop and distinguishing itfrom holdingsthat have held weaving insufficient as a basrs, the Court focused on the following: The officer statedthat based on his training, defendant's weaving, slow reaction to officer's emergency lights anddriving at that time of night are three of the sixteen c/ues that indicated the driver might beintoxicated.L9