Brittany Lauren Payne v. State
05-17-00080-CR
| Tex. App. | Oct 19, 2017Background
- At ~3:20 a.m. on Oct. 13, 2015, NTTA employee Tesfay found Payne asleep in her car partially in a traffic lane on an on-ramp; two tires were in the lane and two on the shoulder. NTTA policy discouraged waking potentially intoxicated drivers. Tesfay blocked the lane, used cones/lights, and notified command.
- About 25 minutes later DPS Trooper Washington arrived, shone a flashlight on Payne, and tapped her window; she woke and immediately sped off, initiating a ~6-minute pursuit with lights/siren on, during which she weaved and changed lanes without signaling.
- Video from the stop corroborated Washington’s account. Following the pursuit Payne was charged with fleeing an officer and DWI (BAC > 0.15).
- Payne moved to suppress evidence; the trial court denied the motion, then accepted plea bargains: deferred adjudication for fleeing and a probated 150-day sentence for DWI. Payne appealed only the denial of the suppression motion.
- The State defended the denial on two independent grounds: (1) the trooper acted within a community‑caretaking function and (2) he had reasonable suspicion to detain/investigate. The trial court adopted written findings supporting both grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred denying suppression based on community‑caretaking | Payne argued the stop/detention exceeded community‑caretaking scope and violated Fourth Amendment | State argued trooper lawfully acted under community‑caretaking exception (and alternatively had reasonable suspicion) | Court affirmed — Payne did not challenge the independent reasonable‑suspicion ground; denial upheld |
| Whether trooper had reasonable suspicion to investigate/detain for possible intoxication | Payne did not brief this ground on appeal | State argued facts (sleeping at wheel on ramp at 3:20 a.m., engine/headlights on, 25‑minute delay to wake, immediate flight, erratic driving) supported reasonable suspicion | Court held reasonable suspicion existed even if community‑caretaking claim was rejected; affirmed suppression denial |
Key Cases Cited
- Gonzales v. State, 421 S.W.3d 674 (Tex. Crim. App. 2014) (notice‑of‑appeal omissions may be amended before brief under rule 25.2(f); substance over form)
- York v. State, 342 S.W.3d 528 (Tex. Crim. App. 2011) (facts supporting reasonable suspicion of intoxication for investigatory stop)
- State v. Copeland, 501 S.W.3d 610 (Tex. Crim. App. 2016) (party must raise on appeal the legal theories that were tried and fully support the ruling)