Recent Cases Which May Be Helpful In Your Defense Of A Texas DWI

1. State v. Homan: Field Sobriety Tests not allowed to establish probable cause unless done correctly.
2. Knowles v. Iowa: Officers may not search beyond what is necessary for officer safety in a routine traffic stop.
3. U.S. v. Lambert: A defendant was seized while agents held his driver's license for 20 minutes.
4. U.S. v. Buchannan: The defendants were seized when the troopers separated them from their vehicle.
5. U.S. v. Mitchell: A defendant retains his priveledge against self-incrimination through sentencing.
6. Florida v. J.L.: A seizure can not be made based on an uncorroborated anonymous tip.
7. Emerson v. State: Results of a Horizontal Gaze Nystagmus Test are not admissible unless the officer can show he is trained, experienced or certified to administer the test.
8. Hernandez v.State: Weaving may not be reasonable suspicion justifying the stop of your vehicle by the officer.
9. Erdman v. State: The officer cannot force you to take a breath or blood test. In fact, the officer may only read you the statutory warning concerning your rights to take the test. It may be considered coercion if the officer answers any questions you may ask him regarding the breath test.