DWI—County Court No. 2, Victoria County

Motion to Suppress Granted—Case Dismissed

J.S. had been arrested for a DWI during the holiday season for allegedly burning out his tires. Upon the advice of friends, he immediately hired Sierra Tabone to fight for him. Sierra was able to cross examine the arresting officer and argue in the administrative hearing to revoke J.S.’s driver’s license that there was no reasonable suspicion for the stop and no probable cause to believe J.S. was intoxicated. The administrative law judge agreed and ruled that J.S.’s license would not be suspended.

After thoroughly reviewing the videos later turned over in the criminal case, and using the ruling from the administrative judge, Sierra filed a motion to suppress the stop and arrest. In a hearing before Judge Gilliam, Sierra again effectively cross examined the arresting officer and then argued to Judge Gilliam that there was no reasonable suspicion for the stop and no probable cause for the arrest. Judge Gilliam agreed with Sierra’s argument and granted the motion to suppress. The State was then forced to dismiss J.S.’s case.

DWI Case Dismissed When Tabone's Motion to Suppress Granted for DWI Client