State v. Fox

OPINION

BROOKSHIRE, Justice.

An appeal by the State of Texas from the trial court’s granting of the Appellee’s motion to dismiss a Complaint and Information. Appellee, Robert Michael Fox, was stopped for speeding by an officer whose general duties included traffic control and general law enforcement. This officer was working radar and the Appellee came through the radar at a very high rate of speed.

Officer Swen Spjut stopped Mr. Fox and asked if Fox was involved in an emergency. The answer was: “No.” Afterwards, Spjut made a determination and arrested Fox for driving while intoxicated (D.W.I.).…