Being arrested can be an overwhelming ordeal for many people, and some may even begin working on their defenses as quickly as possible. However, simply being arrested does not necessarily mean that a person will actually have to face those charges in court. A Texas judge recently had her DWI charge dismissed, but the details of the reason for the dismissal are unknown.
The woman was reportedly traveling at 69 mph while in an area that had a speed limit of only 55 mph. After initiating a traffic stop, the attending officer allegedly detected the scent of alcohol and also believed that she was slurring her speech. Although the driver did say that she had consumed several drinks while at dinner with some friends, she said that her last drink had been at least three hours before she left the dinner and headed home.
According to the officer, she did not comply with a request for a Breathalyzer test, but she did perform a field sobriety test, which he claims she failed. Based on the results of that test, she was arrested and charged with a DWI. Later that same day she was released on bond.
Although the exact reasons for the dismissal of the charges are unclear, similar dismissals in Texas often come down to a lack of credible evidence. As field sobriety tests are highly subjective, it is possible that this could have played a role in the decision. Because of cases like this one, even those who believe that they have no hope of having their DWI charges dismissed should consider their options for defense.
Source: mysanantonio.com, “DWI charge against South Texas appeals judge who failed field sobriety test dismissed“, Kolten Parker, Dec. 13, 2014