Dougherty v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted in the Swisher County Court for driving while intoxicated. See Art. 6701Z-1, V.T.C.S. The jury assessed punishment at 14 days’ confinement in the county jail and a $1000 fine; all of the jail time and $600 of the fine was to be probated over a one year period.

On appeal, appellant asserted that the trial court erred when it failed to grant his motion to dismiss the prosecution because the arresting officer was not wearing the uniform statutorily prescribed for certain peace officers when making arrests…