Whether the Fifth Circuit erred in affirming the DWI conviction by relying on an incorrect statement of the law on causation and failing to evaluate the Magistrate Judge's reasoning for finding intoxication

QUESTION PRESENTED FOR REVIEW Petitioner, ASHLEYR. HAMBRIGHT, appealed her twelve months of supervised probation for driving while intoxicated (“DWI”) on the grounds of a military joint base. (Exhibit A, page 1). The sentence followed a bench trial before a United States Magistrate Judge. (Exhibit A, page 1). On direct appeal, Ms. Hambright argued the Court failed to apply well established Texas law on the elements of a DWI offense and used prejudicial facts which were irrelevant on the issue of sufficiency of the evidence. The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) disagreed and affirmed the conviction. (Exhibit A, page 1). Respectfully, the decision of the Fifth Circuit decided important federal questions in away that conflicts with relevant decisions of this Court. Specifically, in a manner which is contrary to the stare decisis of this Court, the Fifth Circuit relied on an incorrect statement of the law on causation to establish intoxication on a DWI charge and failed to evaluate the Magistrate Judge’s reason for finding intoxication. Thus, a compelling reason is presented in support of discretionary review by this Honorable Court. i