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Dallas .25 Blood Case Dismissed

Mr. Lowe’s client was arrested by Texas Department of Public Safety and Grand Prairie Police officers after he was accused of having a major role over one car accident on 161 Tollroad in Dallas County. The officers accused him of Driving While Intoxicated.  The Client had never before been arrested and had no criminal history.  Mr. Lowe’s client was then subjected to a search warrant for his blood.  The blood was extracted and the test result indicated that he was at least 3 times the legal limit.  Mr. Lowe filed 4 Motions To Suppress Illegally Obtained Evidence.  Mr. Lowe’s hearings last more than 2 days.  In particular, Mr. Lowe’s motions claimed that the arrest was made without probable cause, the search warrant lacked probable cause, the detention was illegal and there was a Franks vs. Delaware issue concerning the truthfulness of the affiant officer who swore out the search warrant.  After all the motions were heard over two days, a Dallas County Judge granted 3 of the 4 motions.  In other words, the Dallas County DA’s Officer was not permitted to present ANY evidence against Mr. Lowe’s client.  Because the Dallas County DA’s Office couldn’t present ANY evidence at trial against his client, the DA’s Office dismissed their case against Mr. Lowe’s client.

The dismissal filed by the Dallas County District Attorney’s Office self-demonstrates that the DA’s Office couldn’t even make a prima facie case against Mr. Lowe client.  This is important for Mr. Lowe’s client.  The Texas Code of Criminal Procedure article 55.01 is the Texas law which governs who may get their record expunge and, more importantly, WHEN they may get their record expunged.  In this case, a normal dismissal would require that the client wait the full statute of limitations under 55.01(a)(2)(B) expire before the client can have his record totally cleared up. However, there is an exception to this rule in a case where a case is dismissed due to a lack of probable cause.  The exception is known as a “no probable cause expunction” and can be found under 55.01(a)(2)(A)(ii).  In these rare cases, if the Petitioner can demonstrate that not only was his case dismissed but he was actually arrested WITHOUT probable cause, the case can be expunged AT ANY TIME.  Therefore, Mr. Lowe’s work will result in a quick and easy expunction for his client.

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