In Beasley v. State, 810 S.W.2d 838, 842 (Tex. App.--Fort Worth 1991, pet. ref'd), the arresting officers and the appellant testified that she was swerving and weaving between lanes on the highway. Beasley, 810 S.W.2d at 840. Beasley testified that she was swerving but offered an explanation that she swerved because she was trying to stop her children, who were in the car, from fighting. Id. The court of appeals held that "there was no factual controversy as to whether or not appellant was swerving and appellant was not entitled to the Tex. Code Crim. Proc. article 38.23 instruction she requested." Id. at 842.