Former Municipial Court Judge

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A Trooper admited that he got his facts wrong during a DWI trial- Law Offices of Tim Powers, Denton, Texas

Tim Powers

Law Offices of Tim Powers, Denton Texas

940.580.2899 940.483.8000

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 officials.

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