Texas DWI Attorneys Boatwright & Hamilton have filed this Motion on Texas DWI arrests:
MOTION TO SUPPRESS TEXAS DWI ACCIDENT REPORT EVIDENCE OF TEXAS DWI DEFENDANT
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 suppress all Texas DWI evidence, whether it is oral or written, which was gathered by Texas DWI law enforcement officers from the defendant in the course of an accident investigation. In support of this Motion, the defendant would show the following:
1. On or about January 15, 2005, the defendant was involved in a motor vehicle accident, and after an investigation by law enforcement officers, he was arrested and charged with Texas Driving While Intoxicated, 3rd offense.
2. A driver involved in an automobile accident is required to remain at the scene of the accident; failure to do so means that he can be charged with and found guilty of a misdemeanor offense under Texas DWI Section 550.021 or 550.022, Tex. Transp. Code Ann. (Vernon). Additionally, all accident reports made by persons involved in accidents shall be without prejudice to the person reporting and shall be privileged according to Texas DWI Section 550.065, Tex. Transp. Code Ann. (Vernon).
3. Furthermore, according to Texas DWI Sections 550.023 and 550.064, Tex. Transp. Code Ann. (Vernon), the driver is also required to provide his name, address, the registration number of the vehicle he was driving, and the name of his motor vehicle liability insurance carrier. He must further provide information as to the cause of the accident, the conditions of the road and the weather, the names of the other persons involved, and which vehicles were involved in the accident.
4. In compliance with the aforementioned statutes, the Texas DWI defendant provided the required information in response to the law enforcement officers' questions. The defendant did not ever waive his rights.
5. The information provided to the arresting officers by the Texas DWI defendant regarding the vehicular accident is privileged and cannot be used against the defendant in this proceeding. Additionally, because the Texas defendant was in custody and not free to leave the scene of the accident according to Texas DWI law, the admission into evidence of his responses to the arresting officer's questions is prohibited. See Tex Code Crim. Proc. Ann. arts. 38.22 and 38.23, and Miranda v. Arizona, 384 U.S. 436 (1966).
WHEREFORE, PREMISES CONSIDERED, Texas DWI Defendant respectfully prays that this Court grant this Motion and suppress all information provided by him in response to questioning by law enforcement officers during the accident investigation.
Respectfully submitted,
Boatwright & Hamilton, LLP
1005 Broadway
Lubbock, TX 79401
(806) 747-8002
Fax: (806) 747-8110
800-DIAL-DWI
Fax: (806) 747-8110
By:
Stephen Hamilton
Texas DWI Attorney for Texas DWI Defendant
CALL 1-800-DIAL-DWI (ext. 806) NOW TO DISCUSS YOUR WEST TEXAS DWI DRUNK DRIVING CASE OR
