(Download) "Richard Wayne White v. State Texas" by Houston No. B14-85-466-CR The Fourteenth Court of Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Richard Wayne White v. State Texas
- Author : Houston No. B14-85-466-CR The Fourteenth Court of Appeals of Texas
- Release Date : January 22, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellant was charged with the misdemeanor offense of driving while intoxicated (D.W.I.). Appellant filed a motion to suppress the results of the Breathalyzer test, and when the court denied that motion appellant pled nolo contender. Upon his plea, the trial court found appellant guilty and sentenced him to ninety in the county jail, probated for a period of two years, and a fine of $250.00. We affirm. Appellant complains in ground of error one that the trial court erred in overruling his motion to suppress. Appellant contends that he was coerced into submitting to a Breathalyzer test. At the hearing on the motion to suppress, the police officers testified of their conversations with appellant, their activities in the videotape room and their requests that appellant submit to a Breathalyzer test. When asked if he would submit a sample of his breath, appellant answered that he would take a blood test. The police officer repeatedly advised that a blood test was not available at that time, and that they were requesting that he submit to a Breathalyzer test. They further advised appellant that his refusal to submit to the Breathalyzer test could and would be used against him. Appellant contends that the repeated demands of the police officer that he submit to a Breathalyzer test were somehow coercive in nature. We do not agree.