A judge in northeastern Texas was forced to declare a mistrial in a murder case after one of the criminal defense attorneys was arrested for driving while intoxicated. Attorney Bryan Simmons was on his way to court last Friday when he was involved in an auto accident near New Boston. His vehicle left the road and ended up in a ditch with a flat tire. Responding police charged Simmons with Texas DWI.
Simmons denies being under the influence of drugs or alcohol. He demanded a breathalyzer test which the officers did not administer. A blood sample was taken, though the results will not be known for several weeks. Simmons claims he lost control of his vehicle during a sneezing fit caused by allergies and black pepper on the catfish he had just consumed.
The murder trial was halfway through jury selection when the arrest occurred. Simmons was ordered to reimburse the county $318 it had to pay potential jury members. He apologized to the court, his law partner, his client and the murder victim
