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Court of Criminal Appeals of Texas


State of Texas v. Neesley, 1396-06

In cases which satisfy the conditions for mandatory taking of a specimen under section 724.012(b) of the Texas Transportation Code, a peace officer is required to take one specimen of breath or blood and is permitted to take no more than one specimen. In these cases, "specimen" is to be construed to mean a usable sample.

Appellate Information

  • Decided 11/07/2007
  • Published 11/07/2007

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • James R. Butler, Houston, for Appellant., Eric Kugler, Asst. D.A., Houston, Matthew Paul, State's Attorney, Austin, for State.

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