A 60-year-old Houston woman has been convicted of driving while intoxicated by a Fort Bend County jury. Genoveva Torres was arrested last year after driving dangerously on U.S. 59.
According to Assistant District Attorney Lesleigh Saunders, sometime after 10 p.m. on May 27, 2009, a citizen called 911 to report Torres’s erratic and reckless driving. Sugar Land Police Officer Alberto Soriano found the defendant and witnessed Torres weaving and repeatedly crossing her lane markers.
After making the traffic stop, Torres told the officer she was on Loop 610 and U.S. 59 headed towards I-45 and Almeda-Genoa. In fact, she was stopped on U.S. 59 Southbound at Sweetwater Boulevard headed towards Victoria. DWI Task Force Officer Jose Soto asked the defendant to perform the Standardized Field Sobriety Tests – which Torres performed poorly.
Torres admitted to drinking two margaritas hours earlier but officers noticed she had red, glassy eyes, an odor of alcohol about her and couldn’t walk straight or stand up without leaning on the vehicle. Torres further refused to submit to a breath test.
At trial, Torres claimed her condition was due to a diabetic episode. Although she is diabetic, she never told officers on the night of her arrest and kept asking them to “give her a break.” The defendant’s doctor testified on her behalf but also admitted on cross examination that her behavior could have been caused by intoxication and not diabetes.
“We appreciate the jury’s careful attention to the facts,” said Saunders. “They were presented with a defense that was never used on the night in question but apparently created just for trial. We’re pleased they saw through the attempts to excuse the defendant’s unlawful and dangerous behavior.”
Torres was sentenced to 12 months probation including a $500 fine, DWI Education Class, a Victim Impact Panel and $50 to Fort Bend County Crime Stoppers.
Torres was tried in County Court at Law #1 before Presiding Judge Ben W. “Bud” Childers. Driving While Intoxicated in this case is a Class B Misdemeanor punishable by up to 180 days in jail and/or a fine up to $2,000. The defendant and the prosecution agreed on punishment.
Assistant District Attorneys Lesleigh Saunders and Laurel Ellisor prosecuted the case. Attorney Mike Monks represented the defendant.
