Client stopped after leaving music festival for disregarding officer who was directing traffic. Client failed field sobriety tests and blew a .147. Attorney Segura retained a surveyor who confirmed that Client had not operated his vehicle in Fort Bend County, yet charges were filed in Fort Bend. Trial commenced and a jury was selected and empaneled. Attorney Segura then informed the prosecutor that venue was not proper in Fort Bend. Prosecutor had no choice but to dismiss. Since jeopardy had already attached, charges could not be re-filed in correct county.
State v. J. W.