Jaime Lee Gamez v. State
14-14-00203-CR
| Tex. | Aug 4, 2015Background
- Gamez was convicted of felony driving while intoxicated (DWI), enhanced by a prior felony DWI, and sentenced to 15 years in confinement.
- Two police officers stopped Gamez for driving the wrong way on a freeway; Officer Gonzalez observed multiple indicia of intoxication and noted an open beer on the floorboard.
- Gonzalez testified to odor of alcohol, unsteadiness, red bloodshot eyes, alleged urination, and refusal of field sobriety and blood tests; Morales testified to slurred speech, dazedness, and urination.
- Cross-examination acknowledged no stumble by Gamez, and that the wet spot could be from spilled beer rather than urine; Morales admitted not testing for blood alcohol content.
- Appellant argued the evidence was legally insufficient to prove intoxication due to lack of BAC and absence of field tests or accidents.
- Appellant challenged the denial of suppression, arguing the officers lacked probable cause to arrest prior to the field sobriety checks.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of intoxication evidence | Gamez argued no BAC evidence and no field tests negate intoxication. | The officers' opinions and observed cues suffice to prove intoxication. | Evidence legally sufficient. |
| Probable cause for warrantless arrest at stop | Officers lacked probable cause to arrest for DWI. | There was probable cause at the moment of arrest for driving the wrong way. | Arrest lawful; denial of suppression affirmed. |
Key Cases Cited
- Annis v. State, 578 S.W.2d 406 (Tex. Crim. App. 1979) (officer's opinion testimony can establish intoxication)
- Kiffe v. State, 361 S.W.3d 104 (Tex. App.—Houston [1st Dist.] 2011) (officer’s opinion and observed cues can prove intoxication)
- Whatley v. State, 445 S.W.3d 159 (Tex. Crim. App. 2014) (standard for reviewing legal sufficiency; defer to jury; inference guidance)
- Jackson v. Virginia, 443 U.S. 307 (1979) (reasonable-doubt standard for sufficiency review)
- State v. Steelman, 93 S.W.3d 102 (Tex. Crim. App. 2002) (probable-cause test for warrantless arrest)