State v. Javier Terrazas
2013 Tex. App. LEXIS 6712
| Tex. App. | 2013Background
- Terrazas was arrested for DWI on May 15, 2011 and refused field tests at the scene.
- Officer Castaneda obtained from the DIMS clerk information that Terrazas had two prior DWI convictions.
- Based on that information, Terrazas was transported for a mandatory blood draw, and the DIMS attorney later advised one conviction had been dropped to obstruction of highway.
- Terrazas was charged with DWI second offense; he moved to suppress on multiple grounds, including lack of warrant probable cause and evidence suppression.
- At the suppression hearing, Castaneda testified he relied on the DIMS information and never personally saw the rap sheet; the court found the information possibly erroneous.
- The trial court granted the motion to suppress, concluding there were no exigent circumstances and the good-faith exception did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the suppression was proper under 724.012(b)(3)(B). | State: information from a credible source about two priors justifies blood draw. | Terrazas: statute requires independent verification of two priors; officer erred relying on third-party information. | The trial court abused its discretion; suppression reversed and remanded. |
Key Cases Cited
- Comperry v. State, 375 S.W.3d 508 (Tex.App.—Houston [14th Dist.] 2012) (reaffirms no duty to independently verify all information when applying Sec. 724.012(b)(3)(B))
- Flores v. State, 392 S.W.3d 229 (Tex.App.—San Antonio 2012) (discourages requiring officers to conduct full verification; information can be reliable even if later proven false)