CHAPPELL, LANEHART & STANGL

Victory for Chuck Lanehart’s client on Rural Country Road

Chuck Lanehart’s client was stopped by a law enforcement officer for two reasons: (1) because she drove in the wrong lane of a rural country road, and (2) because the officer said he wanted to check on her welfare. The client was subsequently arrested for driving while intoxicated, but the DWI charge was dismissed when Chuck pointed out to authorities: (1) the rural county road was not subject to any written driving restrictions adopted by county authorities, so the stop was made without legal justification, and (2) the United States Supreme Court and the Texas Court of Criminal Appeals do not allow a welfare check under the “community caretaking functions” of law enforcement under the circumstances of this case.  Chuck’s client went free, and Chuck intends to get all records of her arrest expunged.

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