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Appellant challenges the constitutionality of the Arlington city ordinance that justified the stop of appellant, as opposed to the driving while intoxicated statute under which he was convicted. The Rabb rule should not be applied to allow appellant to raise the constitutionality of the ordinance providing the justification for the police officer to stop appellant without first presenting the argument to the trial court.
August 28, 2006 at 12:00 AM
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