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We are needing help in a DWI trial in Hunt County. The Defense attorney is trying to get the results of the ALR hearing (in the defendants favor because the trooper did not show) in front of the jury. I want to keep it out. How?

I think I remember seeing a case on point at one time, but now I can't find it.

Any advice or cites would be greatly appreciated.
 
Posts: 41 | Location: greenville, texas usa | Registered: February 19, 2001Reply With QuoteReport This Post
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Keith, look at State v. Brabson, 966//493 (CCA 1998); Reynolds v. State, 4///13 (CCA 1999); State v. Aguilar, 947//257. There's an annotation about ALR, double jeopardy, and DWI on p. 127 of TDCAA's annotated codes book, Criminal Laws of Texas. Hope this helps.
 
Posts: 115 | Location: Austin, TX | Registered: November 08, 2001Reply With QuoteReport This Post
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And if you call now, you can have that book faster than you can say Voir Dire!
 
Posts: 374 | Location: Houston, TX | Registered: July 25, 2001Reply With QuoteReport This Post
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That is, depending on how you pronounce "voir dire".
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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Everyone in Texas knows it's pronounced "vore dire" (like "dire consequences" and not "vwah deer"). Do I get one of those books now? big grin
 
Posts: 515 | Location: austin, tx, usa | Registered: July 02, 2001Reply With QuoteReport This Post
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You bet, Jane. Especially since you're not one of those grief-giving Bradley brothers.
 
Posts: 115 | Location: Austin, TX | Registered: November 08, 2001Reply With QuoteReport This Post
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