Court of Criminal Appeals of Texas
Charles E. Miffleton, Appellant v. the State of Texas, Appellee
May 24, 19891989 Tex. Crim. App. LEXIS 107
Summary
The Texas Court of Criminal Appeals affirmed the conviction, holding that the right to counsel attaches only when a complaint is filed, that the visual portion of a videotaped sobriety test is not testimonial and thus not protected by the Fifth Amendment or the Texas Constitution, and that the audio portion should have been suppressed as compelled testimony but did not affect the verdict.