DWI Dismissed Involving Prescription Medication in Collin County, Texas
McKinney, Texas—A Collin County criminal court dismissed charges against a man who was originally arrested on a driving while intoxicated charge. The case involved blood evidence which was challenged by attorney Tab Lawhorn. The case was set for trial recently and medical records indicated that a prescribed medication produced a false positive for methamphetamine.
Ongoing negotiations between the Collin County District Attorney's Office ultimately stalled when the levels of the substance were challenged by the assistant prosecutor at the pre-trial setting. The plea bargain offer was rejected by the defense and a jury trial setting was requested.
A week before trial, additional data was obtained by Mr. Lawhorn that showed that the prescribed medication could produce a false result at the levels tested. The case was recently dismissed. Mr. Lawhorn now seeks to expunge his client's arrest record.
Practice area(s): Criminal Defense