Court of Criminal Appeals of Texas March 3, 2004, 324-03 (Stewart v. State)

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United States · · · 03-03-2004

PRICE, J.,

filed a dissenting opinion.

I write separately for two reasons: first, because the majority does not fully discuss the law governing the admissibility of the evidence, and second, because I believe the trial court erred in allowing the State to present the breath test results without demonstrating that the appellant’s blood alcohol concentration was greater than 0.10 while she drove.

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