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Hearing Set For Tarrant Judge Accused Of DWI

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Dec 8, 2008 3:44 pm US/Central

Hearing Set For Tarrant Judge Accused Of DWI

CLEBURNE (CBS 11 / TXA 21) ― A judge has set a January 22 hearing for a Tarrant County judge accused of driving while intoxicated.

Judge Elizbaeth Berry was charged with DWI after Alvarado police made a traffic stop on Nov. 8.

A pair of court filings made by attorney Mark Daniel don't dispute the facts of the case, but claim the evidence seized at the scene by Alvarado police and the blood draw taken at the Johnson County jail were done illegally.

The attorney claims police had no probable cause to arrest Berry even though officers found empty beer cans in the car and noticed a strong smell of alcohol when they questioned the judge.

On the issue of the blood draw, Daniel argues it was done in the DWI interview room at the Johnson County jail - contrary to state law, which requires such procedures be done in a sanitary place.

We've requested comments from Daniel, the Alvarado Police Department and the Johnson County Sheriff's Office with no response.

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