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Click here for the full text of this decision FACTS:Officer Barry Goines of the DPS stopped the appellant for 1. driving 80 miles per hour in an area with a posted speed limit of 65 miles per hour; 2. failing to drive in a single lane; and 3. driving on the improved shoulder. Goines wrote in his report that at the time of the stop, the appellant displayed the following conditions: “poor balance, swaying, odor [of] beer on breath, [and] bloodshot eyes.” The appellant told Goines that she had consumed two cranberry-and-vodka drinks in Terrell and that she was on her way to Canton. Goines administered the standardized field sobriety testing that included the horizontal gaze nystagmus, the walk-and-turn, and the one-leg stand. Goines wrote that the appellant could not perform the latter test because she kept falling down. Goines then arrested the appellant for driving while intoxicated and requested that the appellant take a breath test to determine her blood alcohol content. The appellant refused to provide a breath sample. The DPS suspended the appellant’s license for 180 days, and she contested the suspension during an administrative hearing. After the hearing on March 27, 2003, the administrative law judge entered an order affirming the suspension of the appellant’s drivers license. The appellant appealed this decision to the County Court-at-Law No. 3 in Smith County, which affirmed the ALJ’s order on August 1, 2003. The appellant timely appealed. HOLDING:Affirmed. When a law enforcement officer stops someone on a public road, it is only necessary that he reasonably believes that a violation was in progress. When a law enforcement officer observes a vehicle traveling what he believes to be fifteen miles over the posted speed limit, a traffic stop is justified. Texas Dep’t. of Pub. Safety v. Nielsen, 102 S.W.3d 313 (Tex. App. — Beaumont 2003, no pet.). Under the Mireles standard, the court holds that there is substantial evidence that Goines had a reasonable belief that the appellant was speeding. Mireles v. Tex. Dep’t. of Pub. Safety, 9 S.W.3d 128 (Tex. 1999). The appellant contends that Goines conducted the field sobriety tests after he had arrested her and therefore the field sobriety tests were inadmissible evidence. The appellant bases this contention on the fact that in Goines’ sworn report, which was the only evidence before the ALJ, the arrest occurred at 3:40 a.m., while the field sobriety test was entered as being conducted at 3:45 a.m. The DPS responds that Goines’ sworn report also shows that the traffic stop was made at 3:40 a.m. and that the Miranda warnings were also given at 3:40 a.m. The DPS contends that these time notations in the report show that Goines was making approximate time notations in his sworn report rather than the actual specific time that each event occurred. The DPS contends that it is unrealistic to believe that Goines stopped the appellant, arrested her, and gave her Miranda warnings, all at 3:40 a.m. Sworn affidavits of law enforcement officers must be viewed by the courts in a common sense, not hyper-technical, fashion. Courts are permitted to draw reasonable inferences from the facts supporting a law enforcement officer’s sworn statements. Gibbs v. State, 819 S.W.2d 821 (Tex. Crim. App. 1991). The ALJ was thus free to infer from the evidence before him that Officer Goines acted in the following order regardless of the time notations entered in his report: he stopped the appellant, noticed signs that she had been drinking, asked her what she had been drinking, asked her where she had been drinking, administered field sobriety tests, arrested her, and then read her the Miranda warnings. The court holds that there was more than a scintilla of evidence to support the ALJ’s findings. OPINION:James T. Worthen, C.J.; Worthen, C.J., Griffith and DeVasto, JJ.

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