TEXAS DWI MOTION TO SUPPRESS TEXAS DWI ARREST

Texas DWI Attorneys Boatwright and Hamilton have successfully used this Motion in Texas DWI Arrests:

  MOTION TO SUPPRESS EVIDENCE DERIVED FROM

ILLEGAL TEXAS DWI ARREST BASED UPON COLLATERAL ESTOPPEL

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes TEXAS DWI DEFENDANT, Defendant in the above-styled and numbered cause, and respectfully moves this Court to suppress evidence derived from the defendant's illegal arrest, and for good cause shows the following:

1. An Administrative Hearing was had regarding revocation of the defendant's driver's license, whereupon the Administrative Law Judge determined by judgment that there was no probable cause for the arresting officer or the state to believe that the defendant was Driving While Intoxicated. Relitigation of this issue is barred by the application of the principle of collateral estoppel under the Double Jeopardy Clause of the Fifth and Fourteenth Amendments of the United States Constitution and Article 1, Section 14 of the Texas Constitution.

2. Under the principle of collateral estoppel, this issue has been previously litigated between the state and the defendant, and therefore, the state is barred from litigating this issue again. See  Ashe v. Swenson , 397 U.S. 436 (1970). For the aforementioned reasons, the defendant moves that all evidence derived as a result of the illegal arrest of the defendant for the offense of Driving While Intoxicated in violation of the Fourth and Fourteenth Amendments of the United States Constitution and Article 1, Section 9 of the Texas Constitution be suppressed.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this Court grant this motion and order that all evidence derived from the defendant's illegal arrest to include the officers' observations, audio and videotapes, defendant's oral or written statements, or any other illegally obtained evidence be suppressed.

Respectfully submitted,

Boatwright & Hamilton, LLP

1005 Broadway

Lubbock, TX 79401

800-DIAL-DWI

By:

Stephen Hamilton

TEXAS DWI ATTORNEY  

CALL 1-800-DIAL-DWI (ext. 806) NOW TO DISCUSS YOUR WEST TEXAS DWI DRUNK DRIVING CASE OR