East Texas Man Found Not Guilty on DWI (Marijuana) Charge
November 2025
Tyler, Texas--A county judge in the County Court at Law #3 of Smith County, Texas found an East Texas man "not guilty" after a one day trial. The charge stemmed from allegations that the man was operating a motorcycle while intoxicated by marijuana/THC. Blood was drawn from the man after his arrest and lab results indicated that he did have active THC in his blood stream at the time he was operating the motorcycle. However, defense attorney Tab Lawhorn cross-examined the toxicologist about the lab result findings, which demonstrated presence of Delta-9 Carboxy, but could not be related to intoxication because the lab analysis does not take into account a subjects tolerance level for THC. Furthermore, the scene video did not present enough evidence of the man's mental or physical capacity to operate a vehicle. The Court determined that the State did not meet its burden to prove that the man was intoxicated by proof beyond a reasonable doubt, and rendered a verdict of "Not Guilty". No field sobriety tests were performed in this case.
Practice area(s): Criminal Defense
Court: County Court at Law #3 of Smith County, Texas
