DWI-Open Container Not Guilty Verdict Secured for Our Client in Montgomery County

At David Smith Law Firm, PLLC, we are dedicated to fighting for justice and ensuring that our clients receive a fair trial. On February 19, 2025, justice prevailed once again when our client was found not guilty by a jury in Cause No. 23-378150 in Montgomery County, Texas of Driving While Intoxicated-Open Container. This verdict was the result of strategic legal defense, skillful cross-examination, and a steadfast commitment to upholding our client’s rights.

The Case at Hand

Our client was facing criminal charges stemming from a traffic stop. The State’s case heavily relied on the testimony of the arresting officer, who conducted Standardized Field Sobriety Tests (SFSTs) during the traffic stop. These tests are often the cornerstone of the prosecution’s case in driving-related offenses, making it imperative to challenge their administration and reliability whenever appropriate.

Challenging the State’s Case

The defense team, consisting of David Smith* owner of the David Smith Law Firm, PLLC and Savannah Luna, Associate Attorney at Tyler Flood & Associates, Inc., meticulously analyzed the evidence and prepared a vigorous defense. A major turning point in the trial came during the cross-examination of the State’s key witness—the arresting police officer.

David Smith’s Cross-Examination: Exposing Flaws in the HGN Test

The Horizontal Gaze Nystagmus (HGN) test is one of the most commonly used field sobriety tests by law enforcement. According to the National Highway Traffic Safety Adminstration, it is the most reliable standardized field sobriety test.  However, proper administration of this test is crucial to its reliability. During cross-examination, David Smith meticulously questioned the officer about his administration of the HGN test.

Through careful questioning, David Smith revealed that the officer had not properly conducted the HGN test according to standardized procedures. When confronted with these inconsistencies, the officer ultimately admitted that he did not perform the test correctly and, more importantly, conceded that it would not be fair to use the HGN results against our client. This admission was a critical blow to the State’s case, as it undermined a key piece of their evidence.

Savannah Luna’s Cross-Examination: Raising Doubt on the Walk-and-Turn and One-Leg Stand

The prosecution also relied on the results of the Walk-and-Turn and One-Leg Stand tests. However, during cross-examination, Savannah Luna exposed weaknesses in how these tests were administered and interpreted.

One of the central issues in the case was whether it was unsafe for our client to move from their lane of travel, which directly impacted the validity of the traffic stop. Savannah Luna’s skillful questioning illuminated the doubt about whether the officer’s decision to initiate the stop was legally justified, after the dash cam of the officer was played. By highlighting these inconsistencies, Savannah drew attention to this factual dispute that ultimately led to a critical legal argument.

Winning the Legal Battle for Constitutional Protections in the Jury Charge: The 38.23 Jury Instruction

Under Texas Code of Criminal Procedure Article 38.23, if there is a factual dispute regarding how evidence was obtained, the jury must be instructed to disregard the evidence if they find it was obtained unlawfully. Thanks to Savannah Luna’s successful cross-examination, a fact issue arose regarding the safety of our client’s lane change, which opened the door for David Smith to argue for the inclusion of a 38.23 instruction.

The judge agreed with David’s argument, allowing the jury to consider whether the evidence should be disregarded. This legal victory further weakened the State’s case and provided another avenue for the jury to return a not guilty verdict.

Closing Arguments: The High Cost of Mistakes

During closing arguments, the State attempted to downplay the officer’s errors, arguing that it was human nature to sometimes make mistakes. However, David Smith countered with a powerful argument—”…while mistakes may happen in some areas of life, they are not acceptable in certain professions, including with pilots and police officers…”

David Smith emphasized that “…police officers should not make mistakes when arresting individuals, especially when those mistakes could result in someone being wrongly labeled a criminal for the rest of their lives…” The defense made it clear that an officer’s investigation must be thorough and free from significant errors, and when it is not, the accused should not bear the consequences of those mistakes.

Swift and Decisive Jury Deliberations

After both sides presented their cases, the jury deliberated for approximately 30 minutes before delivering their verdict: Not Guilty. A short deliberation time often indicates a jury’s confidence in the defense’s arguments and the weaknesses in the prosecution’s case.  Anecdotally, not guilty verdicts in Montgomery County, Texas are rare–it is a tough county to be one accused of a crime.  The jury of five women and one man carefully evaluated the evidence presented in court and followed the law, freeing our client from the specter of the label of “criminal” and the serious consequences of a DWI conviction.

Justice Served

This verdict is a testament to the power of thorough legal preparation, strategic cross-examination, and an unwavering commitment to justice. At David Smith Law Firm, PLLC, we believe that every client deserves a strong defense, and we are honored to have secured this victory for our client.

We extend our gratitude to the jury for their careful consideration of the evidence and their commitment to fairness. Additionally, we commend Savannah Luna for her exceptional cross-examination and invaluable contributions to this case.

Need a Board Certified, Criminal Law — Texas Board of Legal Specialization Attorney? Contact Us Today.

If you or a loved one is facing criminal charges, you need an experienced criminal lawyer on your side. At David Smith Law Firm, PLLC, we fight tirelessly for our clients and ensure their rights are protected. Contact us today for a consultation and let us help you navigate your legal challenges with confidence and skill.

*David Smith is Board Certified, Criminal Law — Texas Board of Legal Specialization.

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Justice is rarely given—it’s won. And at David Smith Law Firm, PLLC, we are proud to fight for it every day.