Houston DWI Attorneys - The Secrets to Dismissal of a DWI charge in Houston, Texas
Understanding Key Texas DWI Cases: State v. Hardin and State v. Ballman
Hello, I'm Brian Foley, a Houston DWI lawyer. Today, I want to discuss how to get a DWI case dismissed by effectively challenging the traffic stop that led to the charge. Specifically, we'll examine two pivotal cases: State v. Hardin and State v. Ballman. These cases address common reasons for traffic stops: failure to maintain a single lane and failure to signal.
Houston DWI Attorney Analysis - State v. Hardin: Failure to Maintain a Single Lane
In the case of State v. Hardin, the Texas Court of Criminal Appeals provided clarity on what constitutes a traffic violation for failure to maintain a single lane. This case is crucial for anyone facing a DWI charge that began with such an allegation.
Key Takeaways from State v. Hardin:
Plain Reading of the Statute: The court emphasized that simply touching or crossing a lane line does not automatically constitute a traffic offense.
Element of Safety: The violation occurs only if there is a failure to stay in a single lane "as nearly as practical" and when it becomes unsafe. This means that minor deviations, especially when the road is empty and there is no danger, do not violate Texas law.
Implications for DWI Cases:
If you were stopped at 2 AM on an empty road and your tires crossed the lane line slightly without signaling or changing lanes, this does not violate the law per State v. Hardin.
An officer turning on the red and blue lights in such a situation is making an illegal detention. Any evidence collected during this stop is considered fruit of the poisonous tree, leading to the dismissal of your DWI charge.
State v. Ballman: Failure to Signal
While State v. Hardin covers the failure to maintain a single lane, the case of State v. Ballman deals with the failure to signal, which is another common reason for traffic stops.
Key Takeaways from State v. Ballman:
Clarifying Signal Requirements: The court held that failure to signal when exiting a private drive is not a traffic offense. Signal requirements are specific to lane changes and turns on highways, not private driveways.
Legal Grounds for Stops: Understanding this distinction is crucial because many DWI charges stem from stops initiated for signaling issues.
Implications for DWI Cases:
If you were stopped for not signaling when exiting a private drive, this is not a valid traffic offense under State v. Ballman.
Similar to the Hardin case, an unlawful stop based on this reasoning can lead to the dismissal of your DWI charge due to the evidence being inadmissible.
Conclusion
By understanding the nuances of State v. Hardin and State v. Ballman, you can effectively challenge the legality of the traffic stop in your DWI case. A successful attack on the initial stop can lead to the dismissal of the charges, ensuring your rights are protected.
If you're facing a DWI charge and believe your stop was unlawful, contact me, Brian Foley, for expert legal assistance. Together, we can examine the specifics of your case and work towards the best possible outcome.
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