*You are limited to no more than 12 pages of text, Times Roman 12 point, 1-inch margins on all sides, 1.5 spacing. Put the sources you use to document your responses on a separate page as “endnotes”, not footnotes.
*Answer each question and You use IRAC (Issue, Rule, Analysis, Conclusion) to resolve each issue.
You just passed the state bar and while waiting for the results Mr. Robert Smith, a lawyer at the firm where you are clerking, asks you to put your legal research and writing class to good use. He is thinking about expanding the law firm’s business and wants to start representing drunk drivers. He just signed a contract with a new client that was arrested this past weekend for driving while intoxicated in San Antonio, Texas. The client, Dave Waddle, was stopped by the officer for weaving in his own lane of traffic. No other vehicles were in the area. After being stopped the driver was asked to perform something called field sobriety tests (walking in a straight line, standing on one leg, and this horizontal gaze nystagmus test). He was arrested and taken to the police station. Dave submitted to a breath test and registered 0.08 blood alcohol content (BAC).
Mr. Smith says he heard the police officer who arrest Dave, Office Will Jones, says he is an expert in administering these field sobriety tests, especially the horizontal gaze nystagmus test.
Mr. Smith is leaving the office, he does not want to be disturbed, he is going to the country club to play golf with the firm’s partners. You have until tomorrow afternoon to research the issues. He will take you to lunch when he arrives tomorrow.
Question 1: Mr. Smith wants to know what statute that was used to file DWI charges against Dave (in Texas), and can you identify the elements of the crime and show some legal authority for your work? / (you can use the Texas penal code and others source)
Issue 1: Can Dave Waddle be charged with DWI according to the Texas penal code?
Question 2: On what basis does weaving in your own lane of traffic allow the police officer to stop the driver of a motor vehicle (burden of proof, probable cause)? / (you can use The Texas code of traffic violation and other sources)
Issue 2: Can an officer stop a vehicle base on the way the driver drives? (is it a lawful stop)?
Question 3: Mr. Smith needs to know how to apply the Rules of Evidence for expert witnesses? / (you can use the Federal Rules of Evidence).
Issue 3: Can those tests proceeded on Dave waddle be receive as evidence in court?
Question 4: Mr. Smith needs to know if there are any cases on this horizontal gaze nystagmus test that shows police officers are actually experts?
Issue 4: Can this officer be considered as an expert?