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VOISINET v. STATE

No. 1412-95.

935 S.W.2d 424 (1996)

Ex parte Stacey Stalinsky VOISINET, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 27, 1996.

Attorney(s) appearing for the Case

Michael C. Gross, San Antonio, Jim E. Lavine, Houston, for appellant.

Alan Curry, Assist. District Attorney, Houston, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MANSFIELD, Judge.

On January 1, 1995, a Houston police officer stopped appellant, Stacey Stalinsky Voisinet, for allegedly driving 51 miles per hour in a 35 miles per hour zone. Appellant submitted to an intoxilizer breath test, the result of which indicated an alcohol concentration of 0.139 grams per 210 liters of breath. Texas Penal Code § 49.01, then in effect, defined "intoxication" as having...

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