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Got a blood draw trial coming up and need info quick. Do I need to have the paragraph:

It is further presented ... did then and there unlawfully while intoxicated, namely having a quanitation of alprazolam and an unknown drug in his blood operate a motor vehicle in a public place.

My information does not include the blood paragraph, is it required when there is no presence of alcohol?
 
Posts: 16 | Location: The Great State of Texas | Registered: November 14, 2007Reply With QuoteReport This Post
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From the TDCAA Charging Manual by the very capable Jeffrey Van Horn:

then and there operate a motor vehicle in a public place while the said defendant was intoxicated by not having the normal use of mental or physical faculties by reason of the introduction of a controlled substance, a drug or a dangerous drug into the body.

No need to make reference to blood.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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Yeah, the defendant should already be on notice that he has blood in his body. It's the alcohol or drugs that he didn't know about.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Thanks for the responses.

I'll be going on Monday and it's my first blood draw case, wish me luck.
 
Posts: 16 | Location: The Great State of Texas | Registered: November 14, 2007Reply With QuoteReport This Post
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