State vs. Clint M., CR-2017-06263-B
Jan 09, 2018OUTCOME: Motion to Suppress granted, case dismissed. The initial detention of my client was illegal. All evidence collected after the detention was suppressed. That left no evidence to use against my client.
Client was driving on a dark gravel road in a rural part of Denton County. It was between 3 a.m .and 4 a.m. and my client had temporarily pulled off the road to do something he couldn't do while drivi ... ng. A Sheriff's Deputy saw my client's truck stopped at the side of the road and saw it pull back onto the road to continue travel. Upon seeing a car approaching behind him and having not accelerated much from his previous stop, my client pulled to the side of the road again to let the vehicle pass. Instead of passing, the Deputy activated the lights on the squad and detained my client. While interacting with my client the Deputy suspects my client of DWI. My client is put through the usual questions and the usual tests and, ultimately, arrested and charged with DWI. In Court we filed a Motion to Suppress Illegally Seized Evidence based on the Deputy's initial detention of my client. The Deputy wrote in his report that he detained my client to, "check his welfare." We didn't like that justification so, we challenged it.
