After his Harris County DWI case had been pending in the criminal courts for over 5 months, a Houston man finally received the dismissal he knew that he deserved.
Houston police pulled our client over for speeding on Washington Avenue on a weekend night. The police officer that stopped him then called for an on-duty DWI task force officer to come to the scene and follow up on the investigation. The DWI task force officer arrived and took over the DWI investigation. In his DIC-23 (a sworn report), the officer claimed that he gave client 3 field sobriety tests. In actuality, the officer only gave our client 1 field test, the Horizontal Gaze Nystgmus test.
After we inquired about the scene video in the case, the officer told the prosecutor that there was no scene video and that his video equipment must have been malfunctioning. Well, we investigated that claim and found that his video equipment has not had any malfunctions since our client was arrested. Looks like the cop got caught in a bit of a lie. Needless to say, the prosecutor was none too happy about the officer lying to him and decided to dismiss the case.
I personally think the lies in the sworn document should be investigated and potentially prosecuted by the district attorneys office. The government said they would look into it.
If you or someone you knows needs a Houston DWI Lawyer, call our Houston DWI Attorneys at 713-222-0400.
