Nicole Diana Johnson v. State
04-16-00446-CR
| Tex. App. | Feb 8, 2017Background
- At ~2:00 a.m., Officer Marcus Williams observed Nicole Johnsen’s car on a three‑lane road drift such that it was straddling a lane line, then make a U‑turn and later cross from the center lane into the left lane.
- Williams followed and ultimately stopped Johnsen after observing a second lane departure; one of the departures was not fully captured on his dash video because he was completing a U‑turn.
- Williams had seven years’ experience and specialized training in identifying intoxicated drivers; he testified that lane‑crossing can indicate impairment.
- The location was near a sports bar and the department frequently encountered intoxicated drivers in that area late at night.
- Johnsen moved to suppress evidence arguing the stop lacked reasonable suspicion and that she did not commit a traffic offense; the trial court denied the motion, she pled no contest, and appealed.
Issues
| Issue | Plaintiff's Argument (Johnsen) | Defendant's Argument (State/Williams) | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to stop for DWI | Officer lacked reasonable suspicion; observations did not show impairment | Officer observed two lane departures, training links weaving to impairment, late night near bars → reasonable suspicion | The court held there was reasonable suspicion to stop for DWI; suppression denied |
| Whether Johnsen committed a traffic offense (failure to maintain single lane) | Johnsen contends she did not violate §545.060 and thus stop was unlawful | State alternatively argues a traffic violation occurred (failure to maintain single lane) | Court declined to decide because reasonable suspicion for DWI independently justified the stop |
Key Cases Cited
- Garcia v. State, 43 S.W.3d 527 (Tex. Crim. App. 2001) (totality‑of‑circumstances and bifurcated review for reasonable suspicion)
- Curtis v. State, 238 S.W.3d 376 (Tex. Crim. App. 2007) (weaving in/out of lane several times late at night can support reasonable suspicion of DWI)
- Jaganathan v. State, 479 S.W.3d 244 (Tex. Crim. App. 2015) (officer may stop vehicle with reasonable suspicion)
- Brodnex v. State, 485 S.W.3d 432 (Tex. Crim. App. 2016) (view facts in light most favorable to trial court when no express findings)
- State v. Alderete, 314 S.W.3d 469 (Tex. App.—El Paso 2010, pet. ref’d) (reasonable suspicion for DWI need not be predicated on a traffic code violation)