Test in dropped DWI case shows woman over limit

April 17, 2013

The former law student with ties to the Hood County justice system whose DWI case was recently dropped had a Blood Alcohol Concentration (BAC) of .133, according to information the Hood County News received Monday in response to an Open Records request.

The legal limit is .08 for those who are 21 and older.

The case of Camille Dyer Matthews, a former intern in the District Attorney’s office, had raised questions of special treatment because she spent less than an hour in custody.

A justice of the peace went to the Law Enforcement Center after 2 a.m. on Sunday, July 8, 2012, to arraign Matthews after receiving a call from her mother, who at that time worked for the district clerk.

The report provided by the Texas Department of Public Safety states that Matthews’ BAC at the time her blood was drawn at Lake Granbury Medical Center was “0.133 grams of alcohol per 100 milliliters of blood.” The trooper had obtained a warrant for her blood after she refused field sobriety tests.

Phone messages to Matthews’ attorneys, Bob Glasgow and Shay Isham, were not returned by press time. Efforts to get Matthews’ response to the state’s claim about her blood alcohol concentration also were made through a local attorney who knows her and who attended a recent court hearing in her case.

Matthews’ case was dropped earlier this month because the trooper failed to note the time of the traffic stop. The 2010 case Crider v. State established that failure to write the time of a traffic stop when seeking a blood warrant is a “fatal error.”

Also dropped was a misdemeanor charge involving the unlawful carrying of a weapon. Matthews has a license to carry a concealed weapon, but the DWI charge had made possession of a gun illegal.

It was Erath County Court-at-Law Judge Bart McDougal who granted the motion by defense attorneys to suppress Matthews’ blood test because of the issue regarding the time of the traffic stop. Hood County Court-at-Law Judge Vincent Messina, who had signed the blood warrant, recused himself.

After McDougal made his ruling, Hood County Attorney Lori Kaspar said she would drop both charges against Matthews. She said that, without the blood test results, it was likely that she would not be able to get a conviction for DWI. She said she felt that it would be a waste of taxpayer money to try the case.

Trooper Thomas Anderson testified at the hearing in McDougal’s courtroom and also at an Administrative License Revocation hearing in Fort Worth that Matthews had smelled of alcohol, had glassy and bloodshot eyes and had slightly slurred speech when he pulled her over after observing several issues with her driving.

In his offense report, which the HCN obtained from the State Office of Administrative Hearings through Open Records, Anderson wrote that Matthews told him she had taken four Adderall that day because she was studying for a test.

Adderall is a psychostimulant medication used for the treatment of attention deficit hyperactivity disorder. It is listed by the U.S. Drug Enforcement Administration (DEA) as a Schedule II drug. The classification means that the drug has a high risk of abuse, but also has safe and accepted medical uses.

Matthews’ lab report states that no drug analysis was done “due to the alcohol concentration.”

Artie Waller, regional crime laboratory manager at the Texas DPS Crime Lab in Abilene, said that not testing for drugs is standard practice when a person’s blood has an alcohol concentration of .10 or higher.

However, he said, another lab will do the testing if requested by a county attorney.

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