State v. Bailey

OPINION OF THE COURT

JAMES T. CARLISLE, County Judge.

ORDER

This is a motion for a new trial. The issue is whether I committed error by admitting into evidence during defendant’s DWI trial a statement made by her to the arresting officer that she knew she had *43had too much to drink but he should give her a break, because she was supposed to start DWI school in a few days.

I construe this statement as an attempt to avoid arrest by eliciting sympathy from the officer. As such, it was a blunder. Defendant contends it should not have been admitted in that it tends only to show a propensity to commit…