A judge granted a motion to suppress the blood search warrant performed on a Tarrant County judge last November who was subsequently charged with a DWI.
Alvarado police arrested State District Judge Elizabeth Berry, 43, of Fort Worth at about 4 p.m. Nov. 8 after she was found traveling northbound on I-35W at 92 mph in a 62 mph zone.
Retired Senior Judge Robert Dohoney granted the defense motion to suppress the results of a blood evidence test because he said facts in Alvarado Officer Taylor Archibald’s affidavit did not suggest probable cause.
Archibald testified Thursday about the reasons he believed Berry was intoxicated, but admitted he did not include all of them in the affidavit, which he faxed to Judge Toni Driver, who granted the search. Archibald uncovered open beer containers in Berry’s car at the time of the incident.
Berry has served as judge of Criminal District Court No. 3 since 2003.
— Ashleigh Whaley
