Read State of Texas v. Kelly, 1136-05

In a driving while intoxicated case (DWI), a judgment of the court of appeals is affirmed where it properly reversed a trial court's order granting defendant's motion to suppress her hospital blood-test results since an express or implied finding of "mere acquiescence" to defendant's blood draw also constituted a finding of consent to the blood draw.

Appellate Information

• Decided 10/25/2006
• Published 10/25/2006

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Joseph V. Collina, Corpus Christi, for appellant., Lance A. Watt, Asst. D.A., Corpus Christi, Matthew Paul, State's Attorney, Austin, for state.