One of the suspicious DWI circumstances I see are occasions when cops are called out by bars to follow cars. They may or may not have committed traffic infractions, despite what a police report may say, but are called out to do a bar’s bidding.
For example, my office had a client dancing on the dance floor with an empty bottle of beer. Someone who was intruding in his business told him to throw it away (which he promptly did after the song ended). Turns out that same person was the manager, and four bouncers approached him. He left the bar and, next thing you know, the police pulled him over. Did he commit a traffic offense? If so, the cop’s dash camera certainly didn’t show it. He also, despite what the cop’s report said, had his headlights on.
This circumstance, in my professional opinion, is illegal. If he testifies as to the facts, he is entitled to a Texas Code of Criminal Procedure 38.23 jury instruction. This instruction allows a jury to throw out the DWI by a verdict of “Not Guilty” because they believe the stop was illegal. Benjamin Franklin said, “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty or safety.” A democracy cannot function if the law does not protect citizens against illegal search and seizure.
