Reichaert v. State

CHAPA, Justice.

The opinion issued on April 15, 1992 is withdrawn and the following opinion is substituted therefor.

Appellant, Albert R. Reichaert, was charged with the offense of Driving While Intoxicated. Appellant was found guilty on a plea of nolo contendere and punishment was set at forty five days of incarceration in the Bexar County Jail, probated, a $200.00 fine, and costs of Court.

The dispositive issue is whether the trial court erred in denying appellant’s pretrial Motion to Suppress.

The record reflects that on or about October 11, 1990, appellant was driving north on U.S. 281 in San…