Bobby J. Williams v. the State of Texas
03-19-00795-CR
| Tex. App. | Sep 2, 2021Background
- At ~1:20 a.m. on Nov. 20, 2017 an Uber driver called 911 reporting a white Honda Accord driver was "wasted," provided the plate, and followed the vehicle until police arrived.
- A patrol officer located the Accord, observed variance in speed and weaving within its lane on dashcam, smelled alcohol on the sole occupant (Williams), and noted bloodshot eyes.
- Officer conducted field sobriety tests, arrested Williams for DWI, obtained a blood warrant; lab result showed BAC 0.211 g/100ml.
- Williams filed a pretrial motion to suppress, arguing the traffic stop lacked reasonable suspicion; the hearing included 911 audio, dashcam, the officer, and the 911 caller.
- Trial court denied the motion to suppress; Williams pleaded guilty, reserved appellate rights; court imposed suspended jail time and probation.
- On appeal Williams challenged the denial of the suppression motion; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop vehicle for DWI | Williams: cumulative facts did not objectively establish reasonable suspicion; officer testimony unreliable | State: dispatcher/known citizen report + officer's observations (weaving, speed variance, time/place near bars, smell, bloodshot eyes) provided reasonable suspicion | Held: Stop reasonable under totality of circumstances; denial of suppression affirmed |
| Whether alleged uncalibrated radar/pacing defeats reasonable suspicion for stop | Williams: officer's uncertainty about radar calibration and pacing undermines speed evidence and reasonable suspicion | State: speeding was not sole basis; reasonable suspicion may rest on other corroborated facts and cooperating officers' cumulative info | Held: Radar issues not dispositive; totality of circumstances sufficed for reasonable suspicion |
Key Cases Cited
- Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011) (defines reasonable-suspicion analysis for citizen-informants and cooperating officers)
- Lerma v. State, 543 S.W.3d 184 (Tex. Crim. App. 2018) (appellate review views evidence in light most favorable to trial court when no explicit findings)
- Story v. State, 445 S.W.3d 729 (Tex. Crim. App. 2014) (standard of review for suppression rulings: abuse of discretion)
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (burden shifts to State to show reasonable suspicion for warrantless detention)
- Foster v. State, 326 S.W.3d 609 (Tex. Crim. App. 2010) (time of day and location near bars are relevant to reasonable suspicion for DWI)
- Hoag v. State, 728 S.W.2d 375 (Tex. Crim. App. 1987) (cumulative information known to cooperating officers may be considered)
- St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (trial court is sole judge of witness credibility)