A question at oral argument prompted Dennis Hester to dig up some legislative history that made his client’s case even stronger, he says.
According to the 14th Court of Appeals’ May 22 opinion in Krause v. Texas, the background in the case is as follows: Robert Randall Krause pleaded guilty to driving while intoxicated after the trial court denied his motion to suppress blood test results. Krause appealed, arguing that was error, because the person who obtained his blood specimen was licensed as an “emergency medical technician-intermediate” and was not a “qualified technician” allowed to take a blood specimen under Texas Transportation Code Chapter 724.
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