FOWLER v. STATE

No. 2-06-183-CR.

266 S.W.3d 498 (2008)

Chad Avery FOWLER, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

August 14, 2008.


Attorney(s) appearing for the Case

Jeff C. Kennedy, Kennedy & Kennedy, Arlington, TX, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Chief, Appellate Division, Steven W. Conder, Nicole Nickols, Jeff Hampton, Assistant District Attorneys for Tarrant County, Fort Worth, TX, for Appellee.

Before the court en banc.


OPINION

ANNE GARDNER, Justice.

The question in this DWI case is whether a police officer has probable cause or reasonable suspicion for a traffic stop when the officer observes the tires of the defendant's vehicle cross into an adjacent same-direction lane by a tire's width a single time when there is no other traffic in the area. We answer "no" and reverse the trial court's judgment.

Background

On July 23, 2005, a little after midnight...

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