Law Offices of Tim Powers, Denton Texas
Lt. John Foster of Williamson County, Texas was arrested and charged with
DWI in June of 2013. DPS trooper Joseph Stuart was the one who arrested
Foster. Trooper Stuart had testified that he saw Foster behind a window
as a certified Breathalyzer operator conducted a Breathalyzer test for
Foster. However, Foster’s attorney Eve Schatelowiz Alcantar had
questioned Stuart about his statement, this past Tuesday, Stuart replied
by saying I wasn’t true
Later Stuart replied by saying he was confused. Several time had relapsed
since the arrest and he couldn’t remember all the details. Other
officials had been asked to the stand. One being Trooper Nathaniel Head
who claimed he agreed with Stuart’s decision to arrest Foster.
Another official, Lt. Dwayne Williams, testified that he did in fact smell
alcohol on Foster’s breath the night he was taken in. Foster was
upset at the situation in which he was in; however, he did cooperate with
The last witness that was called to testify was DPS breath test supervisor,
Zack Kilborn. He claimed that Foster had above the legal alcohol concentration
level of .08. Foster was blew a .090 and .092.
According to Foster, Stuart did not conduct a few portions of the sobriety
test correctly. Stuart should have been facing away from the red and white
flashing lights during the Horizontal Gaze Nystagmus (Eye Test) part of
the sobriety test. This could have messed up Foster’s results. The
flashing lights can cause a stimulus to occur that affected his eye movements.
Foster also claimed that Stuart took too long before administering the
test. These tests should be done within a certain amount of time.
The verdict for this case is to be continued.
As an official who was the spokesperson for their department, one should
have known better to be driving while intoxicated. Also as an official,
it is important that one follows all directions when doing protocol. Both
of these parties did wrong; however, Foster’s results appear to
show he was in fact intoxicated. It will be interesting to see the verdict
and how this case will play out.
If you are seeking aggressive criminal representation by an experienced
criminal defense attorney for your Denton County criminal case or arrest
in Denton County, contact the offices of Tim Powers today. There is no
charge or obligation for the initial consultation. 940.580.2899
*Tim Powers is an attorney licensed to practice law by the Supreme Court
of Texas. Nothing in this article is intended to be legal advice. For
legal advice about any specific legal question you should directly consult
an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success
Providing Quality Representation for your Denton, Lewisville, Flower Mound,
Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton
County, Tarrant County, Collin County, or Dallas County criminal case