TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    At the time of the arrest?
Go
New
Find
Notify
Tools
Reply
  
At the time of the arrest? Login/Join 
Member
posted
724.012(b)(3): At the time of the arrest, the officer possesses or receives reliable information from a credible source that the person: (A) has been previously convicted of . . .

Does the language "at the time of the arrest" mean that for a mandatory draw, the officer needed to know about the previous conviction(s) before they handcuffed the suspect or is it enough that they know before they compelled the sample? I could argue it either way, but absent a definitive answer, I am asking our officers to have dispatch run a history anytime they start SFST. Any thoughts on the issue?
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
Member
posted Hide Post
The information can be developed at any time around the arrest but before the mandatory blood draw. Legislators understood that the collection of such information was a fluid event, beginning upon the officer's suspicion that a DWI was afoot and concluding with the mandatory blood draw. Testimony before the committees fleshed out this process.

Don't over-think this thing.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Post arrest determinations by other officers have been allowed under the previous law. Although the issue was source and not timing I agree with John that this is a non-issue. See Mitchell v. State 821 SW2d 420
 
Posts: 293 | Location: Austin, TX, US | Registered: September 12, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    At the time of the arrest?

© TDCAA, 2001. All Rights Reserved.