Hernandez v. State

JONES, Justice.

The trial court, sitting without a jury, found appellant Miguel Abelardo Hernandez guilty of driving while intoxicated and assessed punishment at one hundred eighty days’ confinement in jail and a $2,000 fine, with all of the jail time and $1,300 of the fine probated for eighteen months. See Tex. Penal Code Ann. §§ 49.01, .04 (West 1994 & Supp.1998). On appeal, appellant asserts that the trial court erred in overruling his motion to suppress because the arresting officer was not justified in stopping his car. We will reverse the judgment of conviction.

FACTUAL AND PROCEDURAL…