SAN ANTONIO – After watching the body camera video, two criminal defense attorneys claim that San Antonio District 10 Councilman Marc Whyte has a good defense in his alleged driving while intoxicated case.
“I think he does very well on these tests,” said former Bexar County District attorney turned Criminal Defense attorney, Nico LaHood.
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“I think he does have a good case in defending himself,” said Criminal Defense attorney “RC” Pate.
Two different criminal defense attorneys with similar opinions.
“He does well, he answers well, there’s not a slurred speech that I can tell, detect and even his driving facts don’t comport with the standardized field sobriety test to pull someone over for intoxicated driving,” said LaHood.
LaHood said the body cam video suggests that Councilman Whyte didn’t show signs of impairment in his mental or physical faculties. However, LaHood said the video does raise questions about the field sobriety tests that were administered to Councilman Whyte.
It’s a thought that criminal defense attorney RC Pate agreed with.
“They’re not supposed to interrupt the person while they’re doing the test and there is nothing in the test that says the person has to look at their foot,” said Pate.
LaHood said most of the time, if someone is pulled over on suspicion of driving while intoxicated, they will be arrested regardless of how they perform on field sobriety tests.
“The harsh reality is this, if somebody admits to drinking at nighttime and they’re driving, they’re probably getting arrested,” said LaHood.
Ultimately, Pate said an arrest doesn’t mean a conviction.
“I would say that this is definitely a case that I would consider taking to a jury and asking them if they actually believe this person is intoxicated,” said Pate.
We reached out to the San Antonio Police Department to get some clarification on what their standard procedures are for DWI arrests but were denied an interview.
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