Jimmy Lee Tyler v. State

Citation: Not availableDocket: 02-03-00294-CR

Court: Court of Appeals of Texas; March 23, 2005; Texas; State Appellate Court

Original Court Document: View Document

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Jimmy Lee Tyler pled no contest to driving while intoxicated and was sentenced to six months of confinement, which was suspended in favor of twelve months of community supervision. Tyler appealed the trial court's denial of his motion to suppress evidence obtained during a traffic stop. The sole evidence at the suppression hearing was provided by Officer Robert Young, who testified that he received a report of reckless driving involving a beige Chevrolet truck. After locating the truck, Officer Young observed it straddling a solid white line before pulling it over in a liquor store parking lot. Upon approach, Officer Young noticed the smell of alcohol and Tyler admitted to consuming “five or six” beers. Tyler also showed the officer where alcoholic beverages were stored in his truck. Officer Young administered three field sobriety tests, which Tyler failed, demonstrating signs of intoxication. Tyler later changed his statement to say he had consumed only four beers. Tyler’s appeal argues that he did not commit an offense that would justify the stop and therefore Officer Young lacked reasonable suspicion for the detention. The court affirmed the trial court's decision.

Appellant argues that the anonymous tip regarding his reckless driving lacked sufficient reliability to justify his detention, claiming it did not provide reasonable suspicion. The State counters that reasonable suspicion was present due to appellant's actual commission of traffic offenses, specifically failing to maintain a single lane and driving on the shoulder, asserting that the citizen's tip contributed to this suspicion. 

The standard of review for a trial court's ruling on a suppression motion is bifurcated. The appellate court defers to the trial court's credibility assessments and factual determinations but reviews legal conclusions de novo when credibility is not at issue. Without explicit findings of fact from the trial court, the appellate court assumes implicit findings that support the ruling, provided they are backed by the record.

Regarding probable cause, if a traffic violation occurs in an officer's presence, the officer is authorized to stop the driver. The Texas Transportation Code mandates that a driver must remain in a single lane and not move unless it is safe to do so. Appellant contends there was no evidence of unsafe driving, referencing a related case where a driver briefly drifted onto the shoulder without consequence.

The First Court of Appeals concluded that Martinez's act of swerving onto the shoulder constituted a failure to maintain a single lane of traffic, justifying the state trooper's decision to stop him. Although Martinez contended that no evidence indicated his maneuver was unsafe, the court determined that the moderate to heavy traffic on the highway at that time rendered his driving unsafe. 

In a similar case, Officer Young observed the appellant’s truck partially crossing the solid white line and straddling it before erratically returning to the traveling lane, which occurred during a busy holiday weekend. The appellant referenced several cases—Cerny, Arriaga, Hernandez, and Tarvin—in support of his argument against the violation. However, each case was distinguished based on differing circumstances, such as the lack of unsafe driving evidence or the absence of erratic behavior. 

The court emphasized that the appellant's actions—straddling the white line and erratically re-entering his lane—were unsafe given the traffic conditions, thus aligning with section 545.060(a) of the Texas Transportation Code regarding lane maintenance. Additionally, the appellant's driving on the shoulder was highlighted as part of the violation, with the Texas Transportation Code outlining specific permissible reasons for using the shoulder, none of which applied to his situation.

Appellant contended that he did not violate Tex. Transp. Code Ann. 545.058(a) by driving on the shoulder, arguing that there was no evidence of unsafe driving, which he claimed undermined Officer Young's reasonable suspicion or probable cause for his detention. However, the State clarified that driving on the shoulder is permissible only if done safely and when "necessary." Officer Young testified that he witnessed appellant straddle the solid white line and drive on the shoulder, which constituted a violation of the Texas Transportation Code. The trial court, while acknowledging appellant's arguments, concluded that there was probable cause for the stop based on the evidence presented. The court noted that the officer's observations indicated both a violation of the shoulder driving statute and erratic lane changes, providing sufficient grounds for the traffic stop. The appellate court upheld the trial court's judgment, confirming that Officer Young had probable cause based on the observed violations, and did not need to consider the validity of the anonymous tip.