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Arresting Officer Testifies In Houston Rocket's Trial

POSTED: Thursday, October 23, 2008
UPDATED: 5:50 pm CDT October 23, 2008

The video of a Houston Rocket's arrest was played Thursday during the first day of testimony of his drunken driving trial, KPRC Local 2 reported

Houston police said point guard Rafer Alston, 32, was pulled over in the 2700 block of Washington Avenue at about 3 a.m. Aug. 7 because he was driving without his headlights on.

Officer Paul McCrae, a 13-year veteran with HPD, said Alston told him that he just come from Pandora.

McCrae said Alston became agitated and aggressive when he was questioned. He said Alston put his hands behind his back and told the officer to take him in.

McCrae also said Alston was slurring his words, had bloodshot eyes and a strong odor of alcohol on his breath.

But Alston's defense attorney, Rusty Hardin, took his time and examined the video taken from the officer's dashboard camera.

During Hardin's cross-examination, the officer appeared to have trouble identifying the moments where he claimed Alston allegedly swayed or slurred his words.

The officer also wrestled with Hardin over the exact point when he decided that Alston was intoxicated.

Hardin keyed in on the fact that the officer reported that Alston said he had four drinks, when in fact Alston said he had "three, four drinks," as heard on the recording.

In the video, Alston, apparently fed up with the line of questioning, turned and put his hands behind his back and told the officer to just take him in.

The officer testified that was when he decided that Alston was intoxicated.

Alston declined a field sobriety test, McCrae said.

He was charged with misdemeanor driving while intoxicated.

Defense attorneys said the bar's owner will testify that Alston appeared to be fine.

McCrae has been on the Houston Police Department's DWI taskforce for five years.

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