Scillitani v. State

MAJORITY OPINION

KEM THOMPSON FROST, Justice.

Appellant Vincent Brassard Scillitani appeals his misdemeanor conviction for driving while intoxicated. In two issues, appellant claims the evidence is legally and factually insufficient to support his conviction and that the trial court erred in denying his motion to suppress evidence of the results of a breath test. Concluding that the evidence is legally insufficient, we reverse and render a judgment of acquittal.

I. Factual and Procedural Background

Trooper Patrick Hackney responded to a dispatch call at 1:58 a.m. involving a single-vehicle…