After officers pulled over Brian Morton for speeding, they found lots of sex crimes evidence. Later, after they executed a search warrant, they found even more on his cell phone.
Strictly speaking, Texas criminal defendants do not need to hire lawyers. It's possible, yet extremely foolhardy, to represent yourself. And, the Constitution includes the right to counsel. Furthermore, there are also strict competency standards when it comes to public defenders and court-appointed attorneys. In fact, in many cases, these attorneys are some of the best criminal defense attorneys in Tarrant County.
The Horizontal Gaze Nystagmus test is one of the three NHTSA-approved field sobriety tests. In almost all DWI cases, the FST results constitute probable cause for the arrest. If the defendant refuses to provide a breath or blood sample, the prosecutor must also use the FST results to establish intoxication beyond a reasonable doubt at trial.
As a practical matter, there is basically no difference between these two types of court supervision. They both usually involve suspended jail sentences, payment of fines and court costs, reporting requirements, and other mandates, such as community service, self-improvement classes, or monitoring devices like ankle bracelets or ignition interlock devices.
At first blush, the one-leg stand test may seem like a rather mindless exercise. The ability to stand on one leg for fifteen or so seconds may seem unrelated to the ability to drive a car.
A hard-core fan blamed his team's ineptitude for a serious injury DWI crash outside the Meadowlands in New Jersey.
In most DWI defense matters, intoxication is the only issue. The state can use either direct or circumstantial evidence to prove intoxication. A chemical test that shows a BAC above the legal limit is proof of intoxication as a matter of law. Or, the prosecutor can rely on the circumstantial evidence from the field sobriety tests.
In July 2017, two men stormed into the Veritex Community Bank on Merrick in Fort Worth. Now, one of them just pleaded guilty, and another one awaits a competency hearing.
Normally, the walk-and-turn, along with the other approved field sobriety tests, establish probable cause for a DWI arrest. This evidentiary standard is between reasonable suspicion (an evidence-based hunch) and beyond a reasonable doubt. So, it's a rather low standard.