Legal Opinion

Howard v. State

Court of Appeals of Texas

Decided December 23, 1987No. B14-86-917-CRPublishedCited by 31 opinions

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

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. State v. Superior CourtArizona Supreme Court · 1986
  3. Turpin v. StateCourt of Criminal Appeals of Texas · 1980
  4. People v. VegaAppellate Court of Illinois · 1986
  5. Hall v. StateCourt of Criminal Appeals of Texas · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Hulse v. State, Department of JusticeMontana Supreme Court · 1998
  2. Singleton v. State, Texas Court of Appeals, 6th District (Texarkana)2002
  3. State v. Garrett, Texas Court of Appeals, 3rd District (Austin)2000
  4. City of Fargo v. McLaughlinNorth Dakota Supreme Court · 1994
  5. State v. ClarkMontana Supreme Court · 1988

26 more not listed; retrieve them via the Exa API.

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