Nebes v. State

OPINION

HOYT, Justice.

This is an appeal from a conviction for the misdemeanor offense of driving while intoxicated (“D.W.I.”). A jury found the appellant guilty, and the court assessed punishment at 180 days confinement, probated for a period of 2 years, and a fine of $400.

The facts show that on April 13,1986, at about 2:35 a.m., Officer Samuel Orta of the Texas Department of Public Safety observed the appellant driving a motorcycle on FM 1960, in Harris County, Texas. When the appellant weaved and ran a red light, Officer Orta activated his emergency equipment and stopped the appellant.…