Texas DWI Attorneys Boatwright & Hamilton have filed this Motion on Texas DWI  arrests: 

 MOTION TO EXCLUDE EVIDENCE OF TEXAS DWI REFUSAL TO
 TAKE CHEMICAL TEST BASED ON COLLATERAL ESTOPPEL

TO THE HONORABLE JUDGE OF SAID COURT:

 Now comes Texas DWI Defendant in the above-styled and numbered cause, and respectfully moves this Court to exclude evidence of the defendant's refusal to take a chemical test, and for good cause shows the following:
 1. An Administrative Hearing was had regarding revocation of the Texas DWI defendant's driver's license, whereupon the Administrative Law Judge determined by judgment that the defendant did not refuse a chemical test.  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, evidence of the defendant's alleged refusal to take a chemical test should be excluded.

 WHEREFORE, PREMISES CONSIDERED, Texas DWI Defendant respectfully prays that this Court grant this motion and order that the defendant's alleged refusal to take the Intoxilyzer test be excluded at trial and that the prosecuting attorney shall make no reference to said refusal.
Respectfully submitted,

Boatwright & Hamilton, LLP
1005 Broadway
Lubbock, TX 79401

Texas DWI Attorney
1-800-DIAL-DWI    

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

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