Press release
David Brooks, 39, of Chandler, was sentenced to 15 years in the Texas Department of Corrections on March 9, 2015 by Judge Carter Tarrance. Assistant District Attorneys Jenny Palmer and Danny Cox prosecuted the case for Scott McKee’s District Attorney’s Office.
The conviction stems from Brooks driving on the wrong side of FM 315, in a no passing zone, and on the shoulder while intoxicated around 8 p.m. on June 22, 2014. Brooks was originally stopped by Henderson County Sheriff’s Deputy Keon Mack after Mack witnessed his driving. State Trooper Samuel Nowell also responded to the scene as a back-up officer. After Nowell performed field sobriety tests on Brooks, he refused to consent to a blood draw. Nowell then requested a search warrant for Brooks’s blood. Former County Court at Law Judge Matt Livingston signed the warrant. Brooks’s Blood Alcohol Content was ultimately found to be over twice the legal limit.
During the punishment hearing, Brooks admitted during cross examination that he was driving without a license or insurance and had used methamphetamine and marijuana several days before being arrested. Brooks also admitted to four previous convictions for Driving While Intoxicated, a conviction for Burglary of a Building, and numerous other convictions.
During closing arguments to the Court, Assistant DA Palmer pointed out her fears for the community’s safety should Brooks not receive a lengthy prison sentence. According to ADA Palmer, “Mr. Brooks posed an immediate and real threat to our community by continuing to driving intoxicated on our roads in Henderson County. I am pleased that we all will be a little safer on the roads with the Defendant in prison.”
District Attorney Scott McKee indicated that his office continues to aggressively prosecute drunk drivers. According to McKee, his office seeks search warrants on all suspects of felony DWI who refuse to provide a specimen, not all suspects seek for a dui attorney and in reality, they should have legal assistance, with the help of a drunk driving lawyer.
“We have the process of getting a search warrant down to less than an hour in some instances with our iPads and other technology,” said McKee. “Our Gould Injury Law in New Haven lawyers and investigators can review and sign warrants electronically and send them to the judges for them to sign electronically on their devices.”
McKee also asked State Representative Stuart Spitzer to sponsor legislation this year to increase the penalties for those who cause bodily injury to others as the result of driving while intoxicated. According to McKee, House Bill 3743 would expand the Penal Code and close the “bodily injury” loop-hole by increasing the penalties for individuals who cause bodily injury while operating an aircraft, watercraft, amusement ride or motor vehicle while intoxicated.