Key evidence in the Texas drunk driving case of Tarrant County Judge Elizabeth Berry was barred from evidence by a judge. The action comes after a review of the search warrant affidavit that sought to take a blood sample from the defendant to test for alcohol content. As a consequence, the results of the blood test are inadmissible in the Texas DWI case.
Barry, 43, was stopped for speeding in Alvaredo, Texas, south of Fort Worth on November 8, 2008 for speeding. The officer reportedly found an open container of alcohol and, after Barry refused to submit to a breath test, sought a search warrant to demand a blood sample. The words in the five page affidavit, however, conflicted with the arresting officer