A 13-Minute Not Guilty Verdict in Brazoria County Today
Featured on the Associated Press
At David Smith Law Firm, PLLC, we believe in the fundamental principles of justice: that every person accused of a crime is innocent until proven guilty and that the State has the burden of proof to establish guilt beyond a reasonable doubt. These principles are not just legal technicalities; they are the foundation of our constitutional rights and the very essence of fairness in our justice system.
This past week, I had the privilege, alongside Tyler Flood, of defending our client in a DWI trial in Brazoria County. After a hard-fought battle for three days, including jury selection, the jury returned with a Not Guilty verdict in just 13 minutes. This case serves as a powerful reminder of why we do what we do: to ensure that no person is wrongfully convicted and to expose evidence which does not support a finding of guilt.
Our client was pulled over for allegedly swerving, speeding, stopping past the white line, changing lanes without signaling, and for turning left in the wrong lane. Through surgical cross-examination, the officer admitted that the swerving in this case was not illegal, and that several other alleged traffic violations either weren’t offenses in our client’s alleged driving seen on video, or weren’t reasons the officer wrote in his report as to why he actually pulled over our client’s vehicle. Due to the State untimely providing notice of their experts, Tyler and I were able to successfully suppress the Horizontal Gaze Nystagmus results.
The Role of the State in Our Justice System
I want to commend the prosecution for their efforts in this case. The State’s attorneys worked diligently to present their case, and we respect their role in the criminal justice system.
But at the end of the day, the burden of proof is a high one for a reason. It is not enough to simply accuse someone of a crime—the evidence must be there to support a conviction. When it is not, a jury has a duty to acquit.
Why the Jury’s Decision Mattered
A Not Guilty verdict is not just a victory for the accused; it is a victory for the justice system itself. In this case, after closing arguments of the attorneys and reviewing all of the evidence, the jury took only 13 minutes to reach their decision. That speaks volumes. It tells us that, despite the State’s best efforts, the evidence was simply not there to convict.
For our client, this verdict was life-changing. A DWI conviction can carry serious consequences—from hefty fines and license suspensions to potential jail time and a permanent criminal record. These consequences can affect job opportunities, financial stability, and even personal relationships. The stakes are incredibly high, which is why having a strong, aggressive defense is so critical.
Standing Up for the Accused
Our role as criminal defense attorneys is to protect the accused, ensure due process, and hold the State accountable for proving their case. Every defendant has the right to:
✅ A fair trial
✅ The presumption of innocence
✅ An attorney who will fight for them
✅ A jury that considers only the evidence, not emotions or assumptions
In this case, the jury did exactly what they were supposed to do: they evaluated the evidence and made the right decision. They upheld the principle that no one should be convicted unless the State can prove guilt beyond a reasonable doubt. That is justice.
If You Are Facing Criminal Charges, Know This:
🚨 A charge is not a conviction. Being arrested for DWI (or any other crime) does not mean you are guilty. Many people assume that if they are charged, the case is already lost—but that is far from the truth.
🚨 The State must prove its case beyond a reasonable doubt. Just because an officer arrests you does not mean there is enough evidence to convict you. Police can make mistakes, and sometimes charges are based on weak or flawed evidence.
🚨 You have the right to fight back. Hiring an experienced criminal defense attorney can make all the difference in your case. The sooner you get legal representation, the better your chances of protecting your future.
Your Freedom Is Worth Fighting For. Protect your driver’s license, protect your freedom!
#NotGuilty #DWI #CriminalDefense #JusticeServed #NFG #HoustonLawyer #KnowYourRights #DavidSmithLawFirmPLLC
