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Dyar v. State

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Bradley Robert Dyar was charged with driving while intoxicated and entered a plea of nolo contendere. The trial court sentenced him to 180 days’ confinement in county jail and imposed a $750 fine. Dyar appeals on the ground that the trial court erroneously denied his motion to suppress a blood sample taken pursuant to an arrest he alleges was illegal. We hold that the arrest was lawful under article 14.03(a)(1) of the Texas Code of Criminal Procedure and will affirm the trial court’s orders. See Tex. Code Crim. Proc. Ann. art. 14.03(a)(1) (West Supp. 2001).

BACKGROUND

Just after midnight on New Year’s Eve 1999, Dyar had a one-car accident in Smithville, while driving from Austin to Houston. Texas Department of Public Safety Trooper Tony Thompson responded to the accident, arriving after Dyar had been transported to the hospital. Thompson observed that the vehicle had left the roadway and landed upside down.

 
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