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Houston DWI Thrown out After Breath Test to be Suppressed Houston DWI Thrown out After Breath Test to be Suppressed

Houston, Texas - A Houston DWI was dismissed after a Harris County Judge tells prosecutor the breath test in the case would be suppressed.

Houston DWI Lawyer, Dane Johnson, showed prosecutors the problem with a Harris County DWI /DUI breath test just before trial and the prosecutor stepped up to the plate, did the right thing and dismissed the DWI.  The prosecutors agreed that the Judge was going to suppress the breath test because the arresting officer legally coerced the DWI suspect to take the breath test.  The officer told the DWI client that he would not be charged with Driving While Intoxicated if he blew under the legal limit.

The Courts have considered this additional language to be unnecessarily coecive and as a result the results of the breath test should not come into evidence.  The breath test that result in this DWI case was 0.14 - almost twice the legal limit.

Houston DWI Attorney Dane Johnson has handled hundreds of DWI cases in Houston and surrounding Texas counties.  If you have any questions regarding drunk driving, DWI or DUI, call Johnson, Johnson & Baer, P.C. at 713-222-0400.


Wednesday, February 11, 2009 Filed underCategories:in  DWI/DUI  |  Drunk Driving  |  Houston, Texas DWI  |  Texas DWI  |  Permalink  |  Comments (0)