CHAPPELL, LANEHART & STANGL

806.765.7370

Investigation Leads to Pretrial Diversion for Tech Student

This week, Chuck Lanehart negotiated a pretrial diversion for his client, a 20-year-old Texas Tech student accused of Driving While Intoxicated.

Earlier this year, she was involved in a minor traffic accident. The officer smelled alcohol on her breath, and arrested her for DWI following field sobriety tests. She agreed to a blood test, which indicated an alcohol level above the legal limit. However, upon investigation, Chuck found one of the field sobriety tests was not administered properly by the arresting officer. The client passed the other field sobriety tests, so there was no probable cause to arrest the client or to require a blood test. In addition, Chuck found that the blood sample taken from the client may have been contaminated due to improper handling by the police officer.

If Chuck’s client successfully completes her pretrial diversion, the DWI will be dismissed, and she will be eligible for an expunction of her arrest record.

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