Client was traveling at high rate of speed around turn when he hit a light pole. Officers observed a strong odor of alcohol, slurred speech and client performed poorly on sobriety tests. At conclusion of State’s case in chief, defense rested and moved for Instructed Verdict on grounds that State did not offer any evidence that incident occurred in Texas. Judge agreed and jury was instructed to return verdict of Not Guilty.
State v. D. L. C.