See the following published opinion for a most excellent decision at:
http://www.14thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=84726

The court held that Ben Taub Hospital's blood alcohol enzyme analase instrument (Dimension RXL Analyzer) was scientifically reliable in this triple fatality 49.08 prosecution. This holding will be very helpful in 705 challenges to hospital blood draws.

The court next held that a DRE officer's opinion regarding clinical symptoms of marihuana impairment was admissible. This was bolstered by the hospital blood results as well.

Third, the court recognized crash reconstruction techniques from the case. A crash reconstructionist used a yaw formula and a drag sled (instead of a Vericom) to determine the suspect's speed.

Lastly, the court concluded that negligent homicide is not a lesser of 49.08 since there is no mental state in 49.08 but there is in negligent homicide.

The court did not address the State's cross appeal of the judge's ruling suppressing the forensic blood sample because the THP-51 blood warning form coerced the suspect!! Their reasoning was that since they affirmed the conviction, the issue need not be addressed. The defense went to the judge for punishment (good call on his part!!).

This was one of the first cases that the Harris County DA vehicular crimes response team made and handled from the night of the crash through trial and appeal. Congrats to Craig Feazel, Wes Rucker, and Eric Kugler for excellent work on this case.

Good for you guys! I had a DRE case years ago that I couldn't get my court to publish. Will this be the first appellate court in Texas to address DRE on the merits?

Its the first one I could find, but I will let the warranties folks address that question.... Was Bumgarner your case? Also, this is a case of "reconstructive DRE analysis" since Lassalle only based his evalutaion on the medical records and testimony of officers.



;-)

Nope, mine was way back in '98, Chapple, opinion.