Scillitani v. State

OPINION ON REMAND

KEM THOMPSON FROST, Justice.

Appellant Vincent Brassard Scillitani was convicted of the offense of driving while intoxicated. On remand from the Texas Court of Criminal Appeals this court considers whether the evidence is sufficient to support his conviction and whether the trial court erred in denying his motion to suppress evidence of breath-test results. We affirm.

Factual and ProceduRal Background

Trooper Patrick Hackney responded to a 1:58 a.m. dispatch call involving a single-vehicle accident. When he arrived on the scene, the trooper saw a vehicle resting in a ditch and…