Williamson County, Texas
In the days before every police car had a video camera, my client was stopped in Williamson County driving a big pickup truck with a lift kit and a bed full of all kinds of junk. The police officer smells alcohol and observes the other usual signs of intoxication, and after further investigation, arrests my client for DWI.
The defense in this case did not hinge on intoxication, but the issue of who was driving. My client said he was really the passenger and switched places with the actual driver after they stopped for police. The police officer testified this was impossible and said he would have noticed if the occupants switched places. The officer also testified that he had a clear view of the cab from his patrol car. On cross-examination, I had the officer read the tow truck driver’s lengthy inventory sheet listing all the items crammed into the bed of the pickup, which included a large grill. The jury did not believe the officer’s testimony about having a clear view into the cab of the truck.
The jury found my client NOT GUILTY.