Matthew Gerald Fugate v. State
05-14-00205-CR
| Tex. App. | Feb 5, 2015Background
- At ~12:35 a.m. Officer John Arrowood, in a marked patrol car, observed a Mustang weaving within its lane and drifting toward both the center line and the fog line; a vehicle had to brake to avoid a collision.
- Arrowood turned and followed the Mustang, then initiated a traffic stop based on the observed weaving and suspected intoxication.
- Fugate (driver) exhibited bloodshot, glassy eyes, flushed face, strong odor of alcohol, admitted to multiple alcoholic drinks, and was unsteady; Arrowood arrested him for DWI after field sobriety tests.
- Fugate moved to suppress, arguing the stop lacked reasonable suspicion or probable cause and that the patrol-car video contradicted the officer’s testimony that the Mustang crossed the center line.
- The trial court denied the motion to suppress after considering Arrowood’s testimony and the patrol-car video; Fugate was convicted by the court and sentenced (90 days, probated 24 months, $1,000 fine).
- On appeal, Fugate challenged only the denial of the suppression motion; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stop lacked reasonable suspicion because video contradicted officer’s claim of center-line crossing | Fugate: patrol video shows no crossing; thus no traffic violation and no reasonable suspicion | State: officer observed weaving and near-collision; video and testimony are consistent enough to support reasonable suspicion | Court: AFFIRMED — trial court did not abuse discretion; video comported with officer’s account |
Key Cases Cited
- Johnson v. State, 414 S.W.3d 184 (Tex. Crim. App. 2013) (standard of review for suppression rulings)
- Martinez v. State, 348 S.W.3d 919 (Tex. Crim. App. 2011) (deferential review of suppression rulings)
- Arguellez v. State, 409 S.W.3d 657 (Tex. Crim. App. 2013) (bifurcated review and deference to trial court on historical facts/credibility)
- State v. Duran, 396 S.W.3d 563 (Tex. Crim. App. 2013) (trial court’s factual findings given deference even when videotape is admitted)
- Montanez v. State, 195 S.W.3d 101 (Tex. Crim. App. 2006) (same)
