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Click here for the full text of this decision FACTS:After the trial court denied his motion to suppress evidence, appellant, Steven James Taylor, pleaded guilty to the offense of endangering a child. Deputy Gutierrez of the Lee County Sheriff’s Office, en route to Houston, observed appellant driving south on State Highway 290 in Harris County. Gutierrez was traveling approximately 70 miles per hour (mph) in the inside lane. Appellant passed Gutierrez, then proceeded to swerve into the inside lane ahead of the vehicle in front of Gutierrez, forcing that vehicle to brake and swerve to avoid a collision. The appellant continued down the roadway, his speed varying randomly from 50 to 70 mph. He was weaving within his own lane as well as making unpredictable lane changes without signaling. Gutierrez called 9-1-1. Appellant then accelerated to 120 mph. Shortly thereafter, appellant exited the freeway abruptly. In doing so, he crossed all traffic lanes and entered the exit ramp unsafely. Harris County dispatch instructed Gutierrez to stop the vehicle, which he did. Harris County officers arrived shortly thereafter and took appellant into custody. HOLDING:Affirmed. Texas courts have consistently held that erratic driving can rise to the level of a breach of the peace. In Kunkel v. State, 46 S.W.3d 328, 331 (Tex. App. – Houston [14 Dist.] 2001, pet. ref’d), a citizen’s-arrest case, the appellate court reasoned that erratic driving fell on a spectrum, and that at a certain threshold, unsafe driving constitutes a breach of the peace in and of itself when it places others in imminent danger of harm. In Kunkel, the defendant’s behavior, consisting of “a series of moving violations accompanied by prolonged erratic driving,” was held to be a breach of the peace. In Romo v. State, 577 S.W.2d 251 (Tex. Crim. App. 1979), the court held that an out-of-jurisdiction stop was proper in a case in which the defendant was driving erratically and at a high rate of speed. The Romo court held that the officer was authorized to arrest Romo because Romo was committing a breach of the peace. The court concludes that the appellant committed a breach of the peace by his erratic driving and speeding. Gutierrez, witnessing personally the behavior of appellant, was authorized by Texas Code of Criminal Procedure Article 14.03(d) to arrest him for breach of the peace. The court holds that the trial court did not abuse its discretion by denying the motion to suppress. OPINION:Nuchia, J.; Nuchia, Hanks and Higley, JJ.

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