My brother was charged for injury to a child. The case was dismissed due to no evidence, which he states he did not do. Five months later the State of Texas picked the charge back up due to new evidence. The new evidence is a toxicology report stating he was drunk. He never did a breatherlizer test of any kind. so how do they have a toxicology report? Is there a motion that can be filed?
Answer
Toxicology is usually performed on body fluids or tissue. Your brother will need an attorney. The attorney will verify the voracity of the evidence and enter necessary motions.
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