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Court of Criminal Appeals of Texas


Foster v. State of Texas, PD-0001-10

In a prosecution for a Class B misdemeanor of driving while intoxicated (DWI), the court of appeals' reversal of trial court's denial of defendant's motion to suppress is reversed as there was reasonable suspicion for the police to have believed that defendant may have been intoxicated because, in light of the time of night, the location, the officer's training and experience, and defendant's aggressive driving, it was rational for the officer to have inferred that defendant may have been intoxicated, thus justifying a temporary detention for further investigation.

Appellate Information

  • Decided 12/08/2010
  • Published 12/08/2010

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

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