Motion To Exclude Texas DWI Evidence

Lubbock Texas DWI / DUI Defense Trial Lawyers

Stephen Hamilton Lubbock Texas Criminal Defense Attorneys

Texas DWI Motion for DWI Refusal 2

Texas DWI Attorneys have filed this Motion on Texas DWI arrests:

MOTION TO EXCLUDE TEXAS DWI EVIDENCE OF REFUSAL
TO TAKE CHEMICAL TEST BECAUSE OF FAILURE
OF OFFICER TO GIVE DEFENDANT TEXAS DWI STATUTORY WARNINGS

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Texas DWI Defendant in the above-entitled and numbered cause, and respectfully moves this Court to exclude evidence of Texas DWI refusal to take a chemical test to determine alcohol concentration because of the failure of the officer to give the defendant the required statutory warnings, and for good cause shows the following:

1. On or about January 15, 2005, the Texas DWI defendant was arrested for the offense of Texas DWI Driving While Intoxicated, 3rd offense.

2. The State intends to offer evidence at trial that the defendant refused to submit to a Texas DWI chemical test to determine alcohol concentration.

3. Evidence of the Texas DWI defendant's alleged refusal should be excluded because the requesting officer failed to comply with the dictates of Texas DWI Section 724.015, Tex. Transp. Code Ann. (Vernon), in that the officer did not give the defendant the required statutory warnings either orally or in writing.

4. Evidence obtained by an officer in violation of the Texas DWI laws of the State of Texas shall not be admitted in evidence against the accused according to Article 38.23, Tex. Code Crim. Proc. Ann., and therefore, evidence of the defendant's refusal should be excluded.

WHEREFORE, PREMISES CONSIDERED, Texas DWI Defendant respectfully prays that this Court grant this Motion and order that the evidence of the defendant's refusal be excluded at trial and that the prosecuting attorney shall make no reference to the defendant's alleged refusal.

Also Review Other Motions Filed:

MOTION TO EXCLUDE TEXAS DWI EVIDENCE OF REFUSAL TO TAKE CHEMICAL TEST BASED ON INVOCATION OF TEXAS DWI RIGHT TO ASSISTANCE OF COUNSEL

MOTION TO SUPPRESS TEXAS DWI BREATH TEST RESULTS

Lubbock Texas Criminal Defense Attorney

Stephen L. Hamilton, P.C. Attorney At Law 802 Main Street Lubbock, TX 79401 Phone (806) 794-0DWI Fax    (888) 595-5578 TOLL FREE 1-888-DWI-LUBBOCK

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Stephen Hamilton is a Criminal Defense Trail Attorney in the state of Texas covering Amarillo, Canyon, Andrews, Abernathy, Acuff, Amherst, Anton, Arnett, Bledsoe, Brownfield, Cotton Center, Crosbyton, Dickens, Floydada, Hale Center, Idalou, Lamesa, Levelland, Littlefield, Lockney, Loop, Lorenzo, Lubbock, Meadow, Morton, Muleshoe, New Deal, New Home, O'Donnell, Olton, Petersburg, Plains, Plainview, Post, Ralls, Ransom Canyon, Shallowater, Slaton, Smyer, Tahoka, Wolfforth, Seminole, Tulia, Midland, Odessa.