Hernandez v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the State failed to offer objective circumstances such as time, location, vehicle movement to justify reasonable suspicion of intoxication
• holding that State did not show reasonable suspicion based on officer's observation that defendant's car \drifted slightly across a lane marker a single time\
• stating that violation occurs \only when a vehicle fails to stay within its lane and such movement is not safe or is not made safely\
• holding traffic stop not justified where officer testified there was nothing unsafe about a lane change where he observed a driver drifting into adjacent lane only one time
• “drifting” across a lane marker did not establish reasonable suspicion of intoxication; there are a “myriad of reasons” why a person might drift
• “drifting” across a lane marker did not establish reasonable suspicion of intoxication because there are a “myriad of reasons” why a person might drift

Source: CourtListener parenthetical corpus (CC0).

Cited by

200 cases in this archive cite this case; the 20 most cited are listed.

• Corbin v. State
  Court of Criminal Appeals of Texas· 2002-06-05· cited 279×
• Powell v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 1999-11-04· cited 270×
• James v. State
  Court of Appeals of Texas· 2003-03-13· cited 234×
• Curtis v. State
  Court of Criminal Appeals of Texas· 2007-10-31· cited 196×
• Martinez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2000-09-14· cited 99×
• State v. Cerny
  Tex. App. Ct., 13th Dist.· 2000-08-31· cited 98×
• Fowler v. State
  Court of Appeals of Texas· 2008-08-14· cited 94×
• Cook v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2002-01-10· cited 89×
• Rowe v. State
  Court of Appeals of Maryland· 2001-04-04· cited 88×
• Mahaffey v. State
  Court of Criminal Appeals of Texas· 2012-04-25· cited 83×
• Leming v. State
  Court of Criminal Appeals of Texas· 2016-04-13· cited 83×
• State v. Marx
  Supreme Court of Kansas· 2009-09-18· cited 70×
• State v. Arriaga
  Tex. App. Ct., 4th Dist. (San Antonio)· 1999-09-29· cited 68×
• Aviles v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2000-10-04· cited 66×
• Tyler v. State
  Court of Appeals of Texas· 2005-03-24· cited 64×
• State v. Regis
  Supreme Court of New Jersey· 2011-12-14· cited 59×
• Bass v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2001-12-21· cited 54×
• Ehrhart v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2000-03-09· cited 48×
• Aviles v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2000-08-03· cited 46×
• Dowler v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2001-04-12· cited 41×

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

• Terry v. Ohio
  Supreme Court· 1968-06-10· cited 37,942×
• Guzman v. State
  Court of Criminal Appeals of Texas· 1997-09-24· cited 6,556×
• Davis v. State
  Court of Criminal Appeals of Texas· 1997-06-04· cited 1,223×
• Woods v. State
  Court of Criminal Appeals of Texas· 1997-11-05· cited 905×
• Garcia v. State
  Court of Criminal Appeals of Texas· 1992-04-01· cited 541×
• Russell v. State
  Court of Criminal Appeals of Texas· 1986-05-28· cited 505×
• State v. Tarvin
  Tex. App. Ct., 10th Dist. (Waco)· 1998-08-12· cited 146×
• Loesch v. State
  Court of Criminal Appeals of Texas· 1997-12-18· cited 118×
• Miffleton v. State
  Court of Criminal Appeals of Texas· 1989-05-24· cited 114×
• Ortiz v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 1996-08-30· cited 112×
• Gajewski v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1997-04-03· cited 110×
• Townsend v. State
  Court of Appeals of Texas· 1991-10-02· cited 60×
• Held v. State
  Tex. App. Ct., 14th Dist. (Houston)· 1997-06-12· cited 55×
• Fox v. State
  Court of Appeals of Texas· 1995-06-15· cited 55×
• Barraza v. State
  Tex. App. Ct., 13th Dist.· 1987-06-30· cited 48×
• Davis v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 1996-05-15· cited 42×
• Barraza v. State
  Court of Criminal Appeals of Texas· 1990-06-20· cited 41×
• Rheinlander v. State
  Court of Criminal Appeals of Texas· 1996-03-27· cited 40×
• Miffleton v. State
  Court of Appeals of Texas· 1987-04-08· cited 34×
• Fox v. State
  Court of Criminal Appeals of Texas· 1996-09-25· cited 32×