Howard v. State
Court of Appeals of Texas
1Opinion of the Court
OPINION
PAUL PRESSLER, Justice.
Appellant was convicted of driving while ■ intoxicated. The court assessed punishment at one year in jail, probated for two years, and a $500 fine. Appellant com plains that his consent to take an intoxilyzer test was involuntarily given. We reverse and remand for a new trial.
A police officer saw the appellant driving in circles in a parking lot. The officer stopped him and, after observing him, gave him the warnings from the implied consent law. See TEX.REV.CIV.STAT. art. 6701Z -5. Appellant agreed to take a breath test. The intoxilyzer indicated a blood alcohol…
2Cases cited6 opinions
- Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
- State v. Superior CourtArizona Supreme Court · 1986
- Turpin v. StateCourt of Criminal Appeals of Texas · 1980
- People v. VegaAppellate Court of Illinois · 1986
- Hall v. StateCourt of Criminal Appeals of Texas · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hulse v. State, Department of JusticeMontana Supreme Court · 1998
- Singleton v. State, Texas Court of Appeals, 6th District (Texarkana)2002
- State v. Garrett, Texas Court of Appeals, 3rd District (Austin)2000
- City of Fargo v. McLaughlinNorth Dakota Supreme Court · 1994
- State v. ClarkMontana Supreme Court · 1988
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