State v. Bernard

545 S.W.3d 700
CourtCourt of Appeals of Texas
DecidedJanuary 23, 2018
DocketNO. 14–15–00822–CR
StatusPublished
Cited by4 cases

This text of 545 S.W.3d 700 (State v. Bernard) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bernard, 545 S.W.3d 700 (Tex. Ct. App. 2018).

Opinion

Martha Hill Jamison, Justice

This State's appeal arises from the trial court's suppression of evidence obtained during a warrantless stop and blood alcohol test results in the prosecution of appellee Albert Tyrone Bernard for misdemeanor driving while intoxicated. It comes to us on remand from the Texas Court of Criminal Appeals. See State v. Bernard , 512 S.W.3d 351 (Tex. Crim. App. 2017).

We originally held that the trial court did not abuse its discretion in suppressing the warrantless stop and results of a blood draw because the State presented no evidence that Bernard's failure to stay in a single marked lane was unsafe and the traffic stop was unlawful. State v. Bernard , 503 S.W.3d 685, 691-92 (Tex. App.-Houston [14th Dist.] 2016), pet. granted, judgment vacated , 512 S.W.3d 351 (Tex. Crim. App. 2017). On remand, we address only whether "the traffic stop was supported by reasonable suspicion that Bernard was driving while intoxicated." See Bernard , 512 S.W.3d at 352. We conclude that it was not and affirm the ruling of the trial court granting Bernard's motion to suppress.

Background

We include a brief recitation of the facts relevant to this remand. Deputy Tracy Watson was traveling in Galveston County when she observed a vehicle, driven by Bernard, approximately a quarter mile in front of her. She testified that the vehicle was "swerving from lane to lane and even going into the center lane." Watson activated her emergency lights and pulled the vehicle over "to check the welfare of the driver."

Watson testified that Bernard was driving his vehicle at the correct speed, all equipment was functioning properly on the *703vehicle, the registration and insurance were valid, and Bernard stopped his vehicle normally when he was pulled over. Watson further testified that Bernard's driving did not interfere with any other vehicles and there was nothing unsafe about his driving.

Video surveillance in Watson's vehicle recorded Bernard's driving for two minutes prior to Watson's activating her emergency lights. After viewing the video at the hearing, Watson conceded that the vehicle's tires went outside the lane only twice and "not far." She also testified that "there could have been more violations prior to the activation of my lights" but did not state that there had been. The video shows Watson approaching the vehicle, and Watson testified both that she followed Bernard for one to one-and-one-half minutes and that the video surveillance recorded two minutes before Watson initiated her emergency vehicle lights. Thus, the entire encounter is captured on video.

Deputy Jacob Manuel arrived at the scene to assist Watson with the stop. He observed the video at trial and noted that Bernard swerved twice. The first time, Bernard crossed left over the line approximately six to eight inches, and the second time, he crossed right over the line approximately four inches. Manuel later testified on redirect that he observed Bernard on the video cross the line three to four times. But the video reflects that Bernard crossed the line only two times. Manuel did not observe any interference with other vehicles or any unsafe driving.

The trial court made several findings of fact and conclusions of law relevant to our discussion.

Findings :

• Watson followed Bernard for approximately one to one-and-one-half minute before Watson activated her emergency lights and initiated a warrantless traffic stop on Bernard;
• Watson's dash cam video began recording approximately two minutes prior to her activating her emergency lights;
• Bernard properly and without incident initiated his right turn signal, changed lanes into the right lane, and pulled onto the shoulder of the roadway upon seeing Watson's flashing emergency lights;
• Watson testified Bernard's vehicle went outside his lane of travel twice and that his vehicle's tires did not cross the line very far, but about three feet or less;
• Watson testified there was nothing unsafe about Bernard's driving;
• There was no other traffic around Bernard while he was maintaining or failing to maintain a single lane;
• Manuel viewed the dash cam video and testified that Bernard's vehicle only crossed six to eight inches over the lane divider at one point, and approximately four inches at another point. He further testified that in viewing the dash cam video that it appeared to him that Bernard was mostly just "drifting" from side to side within his own lane; and
• Manuel testified Bernard's vehicle did not interfere with any other traffic and his driving was not unsafe.

Conclusions :

• Watson stopped Bernard without reasonable suspicion of driving while intoxicated. Bernard was not driving in an unsafe manner to any other vehicles on the road, and no reasonable suspicion of a traffic offense under Texas Transportation Code 545.060 existed at the time he was stopped. Bernard's driving was not *704unsafe to himself or others as evidenced by the testimony of both Watson and Manuel.

Discussion

The State argues that the trial court abused its discretion in granting Bernard's motion to suppress because the totality of circumstances establish that there was an objective basis for Watson to have reasonable suspicion that Bernard was driving while intoxicated.

When reviewing a trial court's ruling on a motion to suppress, we give almost total deference to the court's determination of the historical facts that the record supports, especially when those fact findings are based on an evaluation of the witnesses' credibility and demeanor.1 Leming v. State , 493 S.W.3d 552, 562 (Tex. Crim. App. 2016) ; Guzman v. State , 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). We accord the same level of deference to the trial court's rulings on mixed questions of law and fact if those decisions turn on the credibility and demeanor of the witnesses. Guzman , 955 S.W.2d at 89. We review de novo mixed questions of law and fact that do not turn on witness credibility. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
545 S.W.3d 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bernard-texapp-2018.