Judge Fleischer Notices A HUGE Defect In The State’s DWI Case

[00:00:00]All right, this is Wilshire, you're charged with driving while intoxicated.

[00:00:03]You're facing up to six months in jail and or a $2,000 fine. We're going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, ma'am.

[00:00:15]I see that you're also charged as failure to comply with the duty in striking an unattended vehicle as well.

[00:00:21]You're also facing up to six months in jail and or 2,000 fine on that one as well.

[00:00:25]Okay.

[00:00:26]>> On October 31st of 2024, [clears throat] officers received a call for service regarding an intoxicated female driving a white striking several vehicles on a public roadway. Upon arrival, officer made contact with the wheel witness who advised that the defendant hit a Subaru on the 11700 block of Idlebrook in Harris County, Texas.

[00:00:48]Officer searched the license plate on the defendant's vehicle and it went to the registered owner's address. Upon arriving at the residence, officer observed a white BMW matching the description and noticed fresh damage on the front passenger side of the vehicle.

[00:01:03]Officer made contact with the defendant's wife who stated the last person operating the motor vehicle was the defendant. Upon contact with the defendant, she admitted to hitting a vehicle. HGN was attempted, but the defendant was unable to follow simple directions and the officer was unable to get accurate results and the defendant refused other SFSTs. DICs were read but refused and a blood warrant was signed and executed. Officers made contact with the complainant, the owner of the hit motor vehicle whose back bumper has been scratched and detached from the car as a result of the collision.

[00:01:38]No prior criminal history, Judge, and eligible driver's license.

[00:01:42]>> How do you know it was her that was driving?

[00:01:45]>> Um the license plate matched the one that the >> Yeah, I understand. Do we have anyone that puts her in the car driving?

[00:01:52]>> Yeah, the witness, Judge. They >> actually sees it's her?

[00:01:56]>> No, but he the witness sees the license plate and gets a description of the vehicle and when officer search the license search the license plate it went to their address.

[00:02:05]>> I know it's her car, but does anyone that identifies her as a driver number one?

[00:02:10]>> [clears throat] >> They get her at the house. How do we know she's not consuming alcohol right when she gets to the house? She doesn't become DWI.

[00:02:17]Or she's not drinking at the house.

[00:02:21]It's a lot of issues. Yeah.

[00:02:23]>> You mind giving us a couple moments to talk?

[00:02:24]>> Take your time. You want to come back a little bit later? You want like 10 minutes?

[00:02:28]>> You know what else judge? I'm just going to check the officer's report too.

[00:02:30]Life is okay.

[00:02:35]>> You've got A, you've got C, but you don't have B yet. You know?

[00:02:40]>> No, we understand.

[00:02:41]>> So.

[00:02:42]I have several issues with this Michael.

[00:02:44]First off, how do you prove it was her driving?

[00:02:49]Number one. Number two, how do we know she was DWI at the time she was driving and not she gets home and she just starts getting loaded.

[00:02:58]>> Yes judge, I have answers to both of those questions for you. So, the defendant [clears throat] driving the vehicle strikes somebody on the highway. I'll connect that later on.

[00:03:07]They find the license plate because the witnesses I give them the license plate.

[00:03:11]They run it. The registered owner of the vehicle is the defendant.

[00:03:13][clears throat] They go to her house.

[00:03:15]Her wife answers the door. Her wife states the defendant is the last person that drove the vehicle. Okay. The defendant was contacted. She admits to driving the vehicle and striking somebody on the highway. Okay. And she and she admits I'm sorry. She first admits that she was driving and drinking, but she did not admit to striking somebody on the highway.

[00:03:34]Later on when she gets to JPC, she admits, "Okay, I was drinking, but I didn't strike somebody on the highway."

[00:03:42]So, she has multiple inconsistent statements. First she says, "Yes, I struck somebody, but I wasn't drinking."

[00:03:47]Then she goes to JPC and then she says right before they do the blood draw cuz she declines the breath test and they say, "Okay, we're to get a warrant.

[00:03:54]We're going to get your blood anyways and know your alcohol content." She says, "Okay, well, I was drinking, but I didn't strike somebody on the highway."

[00:04:01]And I wasn't driving.

[00:04:03]>> Okay.

[00:04:04]>> But the witness identifies >> failure, right?

[00:04:07]To be FSGI.

[00:04:08]>> She admitted to drinking, Judge, while driving.

[00:04:11]>> That in and of itself is not sufficient, you know? I At the time we don't know, did she have bloodshot eyes, slurred speech? Do we know All we have is just one admission of drinking. That's it.

[00:04:32]>> So, one of the witnesses, Judge, that observed her strike the vehicle because they did observe her in the vehicle after the strike before she left. She states in a voluntary statement, "Older white lady in BMW acting crazy, rear-ends a Subaru, got out of the car slurring her speech, barefoot, stating she was trying to get home."

[00:04:49]>> You didn't any indication that she leads you to just to believe that she's intoxicated that you have objective facts.

[00:04:58]That's something else.

[00:04:59]>> There's a written [clears throat] statement on in the office report, Judge, from a witness.

[00:05:02]>> Counsel, did you want to say anything?

[00:05:05]>> Number one, Judge, did you want to say anything?

[00:05:07]>> No, Judge, I I mean, I just agree with you. I think it's hard, again, to put her behind the vehicle. If they have a witness, the witness never really ID'd her, gave her kind of a description.

[00:05:16]They didn't really ID and say, you know, the officer never brought her to the scene that person or anything like that.

[00:05:21]>> But two different admissions, though.

[00:05:22]That's That's how we connect that, right? And then my other concern was whether she was intoxicated, right?

[00:05:29]Because we have a disconnect there, but we have witnesses that see her in a certain way that will lead us to believe as to why.

[00:05:37]So, all right.

[00:05:38]>> She's going to dispute that she admitted to that stuff.

[00:05:41]>> This is just a mere probable cause hearing, right? Just to determine whether there is enough to go forward.

[00:05:45]It By no no means does it mean that you're guilty, just enough to go forward.

[00:05:51]Is it enough to find you guilty beyond a reasonable doubt? Perhaps not. Perhaps I don't know.

[00:05:56]You know, evidence will point to whose side is correct because I don't I I wasn't there. Mr. Kravitz wasn't there.

[00:06:01]Michael wasn't there. But evidence will lead us to believe I mean there should be videos, dash cam, you know, videos of you on the night in question and all that will tell us whose side is correct. It will take a while. But in the interim, don't consume alcohol. Don't use illegal drugs and I'm going to test you like crazy. If I find that you're consuming alcohol or any illegal drugs, I will put you in jail. You will not get any more PR bonds. Do you understand?

[00:06:27]Michael, do you see any prior DWIs?

[00:06:30]>> [clears throat] >> Checking now, Judge.

[00:06:32]>> [snorts] >> Do you have a valid Texas driver's license, ma'am? Do you have valid liability insurance in your name?

[00:06:37]Okay. As long as you have both, you can continue to drive. But like I said, no alcohol, no illegal drugs.

[00:06:42]>> She's got no criminal history, Judge, in her >> Okay.

[00:06:44]>> Driver's license is currently eligible.

[00:06:46]>> All right. So, for now, you have a lawyer. Because you have a lawyer, we will waive your appearance. You don't have to waste your time coming to court, but you must stay in touch with counsel and he'll tell you if and when you have to come back to court. If he tells me he can't get a hold of you, we will issue a warrant for your arrest. So, don't pick up any new cases.

[00:07:01]Don't use. Stay in touch with counsel.

[00:07:03]And we're good. Any questions?

[00:07:06]All right. We'll have you sign a writ of Victoria. We'll have you get with pre-trial and then you're free to go after that.

[00:07:10]>> Can I say one thing? I like your jacket.

[00:07:13]>> Thank you.

[00:07:14]Take care.

[00:07:15]>> Thank you.

[00:07:16]>> Thank you, too.

[00:07:17]>> Yes, sir.

[00:07:18]>> You are a licensed truck driver and have a CDL.

[00:07:22]>> Yes, sir.

[00:07:23]>> You allegedly have alcohol in the car.

[00:07:26]You are held to a higher standard because you have a CDL. In fact, your breath test are even lower than what a normal person is >> [clears throat] >> because of a CDL.

[00:07:41]And now you want me to just cut you some slack?

[00:07:46]Every person that comes in here when they have alcohol in the car, I take away their ability to drive.

[00:07:52]Actions have consequences, and I understand that this is going to cost you big, but >> Actions have consequences. Judge delivers a stern warning.

[00:08:02]>> Am I supposed to feel bad?

[00:08:06]Until I truly know that you appreciate the fact that the awesome privilege you It is to be able to drive. I'm sorry.

[00:08:14]Show me that you understand and that you appreciate the ability to drive, and then I'll reconsider. But I have a real problem considering even that you have a CDL. You have alcohol in the car allegedly while you're driving.

[00:08:28]>> [clears throat] >> No.

[00:08:30]>> Take your seat for me.

[00:08:32]>> Yes, sir.

[00:08:32]>> Show me some time that he appreciates it and not this, "Oh, I I feel better now."

[00:08:37]I'm like, "No."

[00:08:39]Proactivity [clears throat] that he appreciates it, come back and we can talk.

[00:08:42]>> Yes, sir.

[00:08:43]>> I'm It's not a hard line, and I'm not you know, we're not out for blood forever. It's just I want to know that he appreciates it.

[00:08:50]It's not going to be an issue ever again, and then we'll, you know.

[00:08:53]>> Yes, sir.

[00:08:54]>> Okay.

[00:08:54]>> Thank you, Judge.

[00:08:55]>> For sure.