State v. Neesley

OPINION

in which MEYERS, WOMACK, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

This case addresses the questions of how the term “specimen” should be interpreted in the context of § 724.012(b) of the Texas Transportation Code and how many specimens the statute permits to be taken. We hold that specimen should be construed to mean a usable sample, and that one and only one specimen (as so defined) may be taken. Accordingly, we reverse the judgment of the court of appeals, and remand to the trial court for further proceedings consistent with this opinion.

THE FACTS AND PROCEDURAL POSTURE

On July 26,…