These days, Texas residents often pull out their cell phones to capture an event on video. On a recent Friday evening at approximately 8 p.m., that is exactly what one driver did. He had just been involved in a near miss with a vehicle. He decided to follow the vehicle and videotaped what he and police are calling a drunk driving incident.
According to the witness, after nearly missing his vehicle, the other car nearly struck two pedestrians. The video shows the vehicle radically weaving on the roadway until it stopped in a parking lot. Before arriving in the parking lot, reports indicate that several calls came into 911 about an alleged drunk driver.
Once in the parking lot, the man taking the video got out and executed what is being called a citizen's arrest of the driver after pulling him out of his vehicle. The man who made the citizen's arrest detained him until police arrived. Officers say that a breath test confirmed that the driver of the wrecked vehicle was impaired. He was then taken into custody on suspicion of felony DWI.
In accordance with Texas law, the charge was increased to a felony because records indicate that this is the man's third arrest for drunk driving. He and his criminal defense counsel will be entitled to review all of the evidence and witness statements regarding the incident, including the video tape. Despite the seemingly overwhelming evidence indicating that the driver was impaired, he is still entitled to his rights. He cannot be convicted of drunk driving without the prosecution first proving his guilt beyond a reasonable doubt in a court of law.
Source: kron4.com, "CAUGHT ON CAMERA: Texas citizen arrests drunk driver", July 25, 2017