Skip to comments.Man arrested for DWI after testing negative on breath, blood tests
Posted on 02/25/2014 6:53:55 AM PST by bgill
One man endured a night in jail and a criminal case hanging over his head for year, only to have prosecutors say they dont think he was even guilty of a crime... A voluntary breath test showed he hadn't had too much to drink. He blew a 0.00 on the breath test. "I told them I would take a blood sample as well, just to prove that I didn't have anything in my system," Davis said. That test looked for seven types of drugs in his system, and Davis tested negative for all of them.
(Excerpt) Read more at kvue.com ...
The officer arrested the “defendant” because he (officer) thought the def. might have been on pot. Poorly trained officer, and probably whole force.
There is a special course that officers can take that allows them to spot someone who is on drugs-and it’s much more comprehensive than just blood-shot eyes and not being able to walk straight. Heck, I have a balance problem, I couldn’t pass the physical part of a sobriety test.
This jurisdiction needs to train their officers better. And they really need to not arrest someone who blows 0s!
I wonder if they tested his blood sugar.
A very large lawsuit should help deter this kind of harassment.
Makes me think of a story I heard once...
A cop watches from his patrol car as a man walks out of a bar, stumbling badly. He goes to the wrong car, finally finds the right one, drops his keys, and eventually gets in the car. He turns onto the street. The cop follows and observes the man weaving for a couple miles before pulling him over.
After the man passes THREE breath tests, the cop says “I don’t get it...I watched you come out of the bar. You could hardly walk and were weaving down the street.”
“Of course I was”, the man replied...”I’m the designated decoy.”
Such an arrest would cause me to lose clearances necessary to do my job.
I would sue for lost salary, pension, benefits, and my good name.
I do not drink alcohol (personal choice) but I have already decided if I ever get pulled over and they want to perform a sobriety test, I would demand a blood test.
Anything less, could be faked by the officer.
I guess he’s lucky they didn’t cram a firehose up his colon.
Someone very close to me got pulled over for DWI once. He wasn’t, and nothing came of it, but he WAS a terrible driver. He wandered all over the road, because his mind was on other things. I didn’t like to ride with him behind the wheel.
At the time, I thought it was good policing. My opinion hasn’t changed.
This may well be a similar situation taken too far. At least, we can hope the driver pays better attention in the future.
Yep. Samere here. A DUI for me would be a career-killer. As such, I won't drive after a single beer.
This kind of stuff scares the crap outta me. There was a trooper in Utah a year or so ago who was arresting people left and right for DUIs despite them blowing 0.00 on breathalyzers. She wound up getting fired and practically every conviction she was associated with had to be overturned.
Well, the important thing is that the officers made it home safely that night. A small price for the innocent man to pay.
Payable from the personal wealth and retirement of the cop, if there is justice, not just Just Us.
Like Larry Sinclair?..................
Has not anywhere else.
Taxpayers get to pay those. It’s not like it comes out of the PD funding or the officer’s pension fund or the union’s coffers.
My first thought as well. I went hypoglycemic one time and could not have passed the standard test to save my life. When I got home my numbers was so low it didn't register. Glass of Orange juice and I was back to normal.
Maybe then the taxpayers will start electing people that don’t put bad cops on the beat. There must be pain for this abuse to be halted.
We’re seeing more and more of this sort of ignorant, and even corrupt, policing.
Sign of the times: America’s in the sh*tter and going down.
What a surprise, the jackboots in the leftist part of Texas are arresting people without cause, just in case they might be committing a crime.
They aren't concerned with public safety. Not with the drunk police, DAs, and judges who sometimes get exposed, yet work on these cases.
It's about whether they can make a case (and win a cash award) in court (or pressure you into a plea deal).
Blowing below 0.08 does not clear you from prosecution, blowing over 0.08 just makes it easier to get a conviction.
Yes, they do prosecute all the way down to 0.00.