Foster v. State (2009)

In Foster v. State, 297 S.W.3d 386 (Tex. App.--Austin 2009, pet. granted), officers detained a driver after observing his truck make lurching motions. Id. at 389. Because "the lurching movements were not unreasonably dangerous, reckless, or even inexplicable," the court held that, without other facts, the detaining officers could not have reasonably concluded that the defendant was driving while intoxicated. Id. at 393.