Tim Powers

Law Office of Tim Powers

940.580.2899

www.timpowers.com

Almost a year ago we tried a DWI case to a jury at the Denton County Courthouse. In and of itself that is nothing unusual for this firm, we are DWI trial attorneys and that is what we do. I often tell potential clients I think we try more DWI trials in Denton County Texas that any other lawyer I know. We try all types of DWI cases; breath tests and blood tests and refusal cases. But what made this case "interesting" is what happened during the trial.

In this particular case, as with most of our cases, we were contesting and questioning the arresting officer on one of the "field sobriety tests" known and the HGN or Horizontal Gaze Nystagmus test. I believe this "test" is basically worthless. Anyway, I was cross examining the officer on his knowledge of various types of nystagmus and after I finished the state attempted to introduce a document that tried to say the test is valid as defined by several Optometrists.

The basic problem for the state was that they did not call a doctor to verify this but simply attempted to introduce this document. This violated my client's right to confront his accuser and his right to cross-examine his accuser. We argued this was a constitutional violation of our client but the trial court allowed the evidence before the jury. Obviously, we appealed and just this week the appellate court reversed my client's conviction agreeing that the evidence was inadmissible.

Out client is obviously thrilled.

Just because someone is arrested – that doesn't mean that they are guilty or the State can prove the case.

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney.