TexasCHLforum.com

"Ignoring" the test results does not make it nullification. Deciding that the DWI law is unjust and refusing to convict under it would make it nullification. Evidence gets ignored all the time, for very good reasons - and evidence often conflicts, so one piece may be "ignored" in favor of another.. If the driver testifies he had only one beer, and the intoxilyer rings up .038, one or the other of those pieces of evidence gets "ignored." Since so far I have not seen a transcript of the trial itself, we don't know if Tran's attorney attacked the integrity of the intoxilyzer (sp?) itself -- and can be good reasons to. I don't have it at my fingertips, but some time back one of the Texas PDs was found to not have calibrated their breathylizers on schedule, and perhaps had pencil-whipped the calibrations they did do. In Tran's case, we don't know yet.

But we do have a transcript of what the judge said, and I still think the judge was way out of line. had I been one of the jurors I would have told him so.

I dunno if Tran was really guilty or not, but it was pretty poor behavior by the judge to go spouting off like that on the bench. I think his traveling days should be over.