Admissibility in Criminal Proceeding of Specimen Analysis - Texas Transportation Code Section 724.064
Section 724.064. Admissibility in Criminal Proceeding of Specimen Analysis
On the trial of a criminal proceeding arising out of an offense under Chapter 49, Penal Code, involving the operation of a motor vehicle or a watercraft, or an offense under Section 106.041, Alcoholic Beverage Code, evidence of the alcohol concentration or presence of a controlled substance, drug, dangerous drug, or other substance as shown by analysis of a specimen of the person's blood, breath, or urine or any other bodily substance taken at the request or order of a peace officer is admissible.
I received notification that my license had been suspended. My lawyer claimes that he had no notification of the ALR hearing. Who does the notification? The DPS or The county court system.
refreshing, well phrased information
I have a question. I was arrested in a parking lot. No police saw me driving. I was on a motorcycle and temperatures had dropped from 70 to 38 and was suffering from hypothermia. When I stopped I tipped the bike over failing to stick my foot down. Police were called County arrived and just said have someone give you a ride home. DPS arrived which (ones involved in a complaint I sent to the governor with evidence of abuse of power acknowledged and DPS responded) requested I do sobriety tests (bike smashed my ankle) I refused then asked take a breath test I refused which then they obtained a court order. ALR hearing was held and truthfully I had some bad lawyers. No blood tests results were submitted. The search warrant was signed by a county judge of another county and either modified by DPS employees (document was hand modified) or the judge overstepped his authority. All in all the results were not submitted at the ALR hearing for reason could be evidence tampering, judge overstepped or alcohol level below limit. My license was suspended for 180 days as if I did not take submit to a blood test. I file an appeal with no response from the courts. There has been no criminal charges filed or at least no court dates set 9 months. To elaborate on my complaint I was stopped numerous times before (probable cause thing) by the same DPS and decided to request records from DPS on stops in the area with causes. I identified patterns which could easily prove targeting and discrimination (so obvious a child could see it) based on locations. It could be said that people in this area could of been subject to 200x - 500x more likely to be stopped by DPS for no reason. This is a poverty stricken area and the people were being harvested. I firmly believe ALR and DPS have overstepped their authority especially when a blood test was taken and no evidence proving I was over the limit submitted and furthered by no criminal charges being brought in court. Now they are ignoring appeal and my 90 days is over. Wonder who are the criminals these days.