DWI charges against Forney resident Kristal McKown were dismissed after a motion to dismiss was filed by the Kaufman County District Attorney's office on November 14, 2013.
McKown was arrested on January 22, 2013, after she first struck a mailbox in the 300 block of Spruce Trail in the Trails of Chestnut Meadow subdivision. Several blocks later, McKown crashed her vehicle through the front of a home in the 500 block of Madrone Trail at approximately 8:45 a.m. While there were no injuries in the incident, McKown did have an infant and a toddler in the vehicle at the time of her arrest.
Following her arrest by the Forney Police Department, McKown was charged with two state jail felony charges of driving while intoxicated with a child under the age of 15 in the vehicle, along with a misdemeanor charge of possession of a controlled substance under 28 grams, and a misdemeanor charge of striking a fixture/highway landscape costing more than $200.
In the state jail felony DWI cases, McKown's attorney subsequently filed two different motions to suppress evidence. In the first motion filed on October 24, 2013, McKown's attorney alleged the blood alcohol test results were obtained from her illegally by the Forney Police Department without consent or a valid search warrant and are not admissible. The officer who directed the blood draw is no longer with the Forney Police Department.
A second motion to suppress evidence filed on November 4, 2013, alleged the blood evidence and test results are inadmissible due to the unsanitary conditions at the testing facility, Terrell Renaissance Hospital, which was later closed partially due to unsanitary conditions.
While court records do not indicate either motion to suppress evidence was granted, only 10 days after the second motion was filed the Kaufman County District Attorney's Office filed their own motion to dismiss the state jail felony DWI charges against McKown which was granted by Judge Dennis Jones. The reason for the dismissal was, according to the motion, "the defendant was convicted in another case."
According to Kaufman County records, McKown now has a pending case which includes a class A misdemeanor charge for possession of a controlled substance and a class B misdemeanor for the striking a fixture/highway landscape. McKown was charged a financial assessment of $1488.50.
McKown's attorney declined a request for comment from inForney.com.
Following her arrest by the Forney Police Department, McKown was charged with two state jail felony charges of driving while intoxicated with a child under the age of 15 in the vehicle, along with a misdemeanor charge of possession of a controlled substance under 28 grams, and a misdemeanor charge of striking a fixture/highway landscape costing more than $200.
In the state jail felony DWI cases, McKown's attorney subsequently filed two different motions to suppress evidence. In the first motion filed on October 24, 2013, McKown's attorney alleged the blood alcohol test results were obtained from her illegally by the Forney Police Department without consent or a valid search warrant and are not admissible. The officer who directed the blood draw is no longer with the Forney Police Department.
A second motion to suppress evidence filed on November 4, 2013, alleged the blood evidence and test results are inadmissible due to the unsanitary conditions at the testing facility, Terrell Renaissance Hospital, which was later closed partially due to unsanitary conditions.
While court records do not indicate either motion to suppress evidence was granted, only 10 days after the second motion was filed the Kaufman County District Attorney's Office filed their own motion to dismiss the state jail felony DWI charges against McKown which was granted by Judge Dennis Jones. The reason for the dismissal was, according to the motion, "the defendant was convicted in another case."
According to Kaufman County records, McKown now has a pending case which includes a class A misdemeanor charge for possession of a controlled substance and a class B misdemeanor for the striking a fixture/highway landscape. McKown was charged a financial assessment of $1488.50.
McKown's attorney declined a request for comment from inForney.com.