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Man arrested for DWI after testing negative on breath, blood tests
KVUE.com ^ | Feb. 24, 2014 | TONY PLOHETSKI

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 don’t 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 ...


TOPICS: Crime/Corruption; US: Texas
KEYWORDS: austinpd; donutwatch; dui; highwayrobbery; lawenforcement; neoprohibition; quotas; revenuetickets; shakedownracket; texas
Quotas make for bad policing and a waste of tax dollars in court appearances. APD lied, marijuana is tested through blood.
1 posted on 02/25/2014 6:53:55 AM PST by bgill
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To: bgill

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!


2 posted on 02/25/2014 7:00:38 AM PST by blu
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To: blu

I wonder if they tested his blood sugar.


3 posted on 02/25/2014 7:03:21 AM PST by sr4402
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To: bgill

A very large lawsuit should help deter this kind of harassment.


4 posted on 02/25/2014 7:04:08 AM PST by soycd
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To: bgill

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.”


5 posted on 02/25/2014 7:04:21 AM PST by Mich Patriot (PITCH BLACK is the new "transparent")
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To: soycd

Yep!
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.


6 posted on 02/25/2014 7:07:05 AM PST by G Larry
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To: bgill

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.


7 posted on 02/25/2014 7:11:08 AM PST by CIB-173RDABN (I do not doubt that our climate changes. I only doubt that anything man does has any effect.)
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To: bgill

I guess he’s lucky they didn’t cram a firehose up his colon.


8 posted on 02/25/2014 7:13:38 AM PST by AU72
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To: bgill

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.


9 posted on 02/25/2014 7:14:56 AM PST by Jedidah
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To: FReepers
Less Than 9.4K To Go And The Freepathon Is Over!


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10 posted on 02/25/2014 7:17:48 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: G Larry
Such an arrest would cause me to lose clearances necessary to do my job.

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.

11 posted on 02/25/2014 7:18:15 AM PST by Drew68
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To: bgill

Well, the important thing is that the officers made it home safely that night. A small price for the innocent man to pay.


12 posted on 02/25/2014 7:18:31 AM PST by House Atreides
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To: soycd

Payable from the personal wealth and retirement of the cop, if there is justice, not just Just Us.


13 posted on 02/25/2014 7:25:10 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: blu
And they really need to not arrest someone who blows 0s!

Like Larry Sinclair?..................

14 posted on 02/25/2014 7:26:41 AM PST by Red Badger (LIberal is an oxymoron......................)
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To: soycd

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.


15 posted on 02/25/2014 7:31:48 AM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: sr4402
I wonder if they tested his blood sugar.

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.

16 posted on 02/25/2014 7:33:51 AM PST by verga
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To: TurboZamboni

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.


17 posted on 02/25/2014 7:38:33 AM PST by soycd
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To: bgill

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.


18 posted on 02/25/2014 7:38:59 AM PST by Jack Hammer
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To: bgill
Police are still abiding by a take-no-chances policy, even if it means the cases are later thrown out.

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.

19 posted on 02/25/2014 7:52:26 AM PST by RightOnTheBorder
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To: blu
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.

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.

20 posted on 02/25/2014 7:58:38 AM PST by a fool in paradise ("Health care is too important to be left to the government.")
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To: Drew68
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.

The really scary thing is that the police have been busted fudging blood tests in DWI cases to assure conviction.

They don't face the serious repercussions of their criminal conspiratorial actions.

21 posted on 02/25/2014 8:01:06 AM PST by a fool in paradise ("Health care is too important to be left to the government.")
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To: bgill

I’d file a suit against the town, police department and the officer personally. I’d ask for a trillion dollars in punitive damages. If they say that’s a crazy amount, I’d be willing to haggle. a little.


22 posted on 02/25/2014 8:08:43 AM PST by Travis T. OJustice (I miss you, dad. :()
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To: a fool in paradise
The really scary thing is that the police have been busted fudging blood tests in DWI cases to assure conviction.

Yep. It's all about the numbers. They don't care if good, law-abiding people lose their careers over bogus DUI convictions.

23 posted on 02/25/2014 8:09:54 AM PST by Drew68
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To: Alaska Wolf

ping


24 posted on 02/25/2014 8:20:48 AM PST by null and void (<--- unwilling cattle-car passenger on the bullet train to serfdom)
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To: Drew68

To prosecutors, it’s about closing cases.

They will “bundle” unsolved cases together an write them off (with no additional punishment) to secure a plea bargain in some instances.

It’s happened for over a hundred years but still occurs today.

The more “wins” they can show, the better their performance review.

The tougher they are on crime, the better their political campaigning when they seek elected office (and really, who LIKES drunk drivers?).


25 posted on 02/25/2014 8:20:58 AM PST by a fool in paradise ("Health care is too important to be left to the government.")
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To: bgill

This idiot was guilty for volunteering anything to the cops. First thing he should have said is “I need my attorney.” NEVER talk to the cops. If cops are talking to you it is because they want to arrest you, not make friends.


26 posted on 02/25/2014 8:40:27 AM PST by Organic Panic
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To: soycd
“It's hard to imagine a more stupid or dangerous way of making decisions than by putting those decisions in the hands of people who pay no price for being wrong.”- Thomas Sowell
27 posted on 02/25/2014 8:47:42 AM PST by TurboZamboni (Marx smelled bad and lived with his parents .)
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To: bgill

Say a cop didn’t like your attitude toward him or didn’t like your bumper sticker, haircut, looks... anything.

He could get away with making you spend the night in jail, impound your car, or as a minimum, waste an hour or two of your time.

And there’s nothing you can do about that.

Good luck with the lawsuit, Bro!


28 posted on 02/25/2014 8:51:21 AM PST by Alas Babylon!
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To: Mich Patriot

similar story - in ‘82 - at college - one of the few nights I was sober at a party....left around midnite - dropped my keys in the lot and was followed by an unmarked, all the way home - (15mi) didn’t get pulled over


29 posted on 02/25/2014 8:57:09 AM PST by Revelation 911
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To: Revelation 911

True story. After completing a long day and evening at work I had a vision as I was preparing to leave for home.

In the vision I was pulled over by a cop for something he thought he saw on my back bumper.

Of course, I was pulled over by a cop on my way home simply because I slowed down in a construction zone in obedience to the posted signs.

The cop accused me of “driving erratically” because I wasn’t speeding like all the other drivers who drove through that zone.

I was very thankful for the warning from the vision and I wasn’t a bit fazed about the cops actions. In fact I imagine that eh was somewhat confused by me laughing about the entire episode.

Bottom line is that I did nothing wrong and he had to let me go without even a warning.


30 posted on 02/25/2014 9:28:30 AM PST by dglang
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To: bgill

I seem to recall that the female DA in Austin had to serve some time for a righteous DUI herself and refused to step down from her position, too?


31 posted on 02/25/2014 10:30:49 AM PST by Emmett McCarthy
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To: bgill; All

The wi-fi system I’m under at work will not allow me to go to the link. Can someone tell me: In what city was this?


32 posted on 02/25/2014 10:35:54 AM PST by Din Maker
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To: blu

And they really need to not arrest someone who blows 0s!...I don’t know, if he’s blowing 0, he should be hung.


33 posted on 02/25/2014 10:36:28 AM PST by Safetgiver ( Islam makes barbarism look genteel.)
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To: Din Maker

Austin, TX


34 posted on 02/25/2014 11:49:56 AM PST by bgill
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To: bgill

Austin, TX; huh? I’m not surprised. That is the Liberal bastion of Texas. Thanks.


35 posted on 02/25/2014 11:51:43 AM PST by Din Maker
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To: Red Badger

Well done!


36 posted on 02/25/2014 12:12:53 PM PST by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: Din Maker

Ripples in a pond. Just yesterday reported for Jury duty in the state of Texas, county of Collin. The trial was for a DUI. If course no specifics about the case discussed, but the questions asked were so like the facts that those here have volunteered. Thank goodness, I was released. One question asked was how do you feel about police force...overall, Collin county? From positive to low on the totem pole, negative with all points in between. When and how much is a person intoxicated and unable to drive. Defense attorney was once a coach at a high school (which seemed odd to me. Career change?) False arrest? And, by the way, just carrying a Texas drivers license (according to asst DA) shows your consent of Breathalyzer, blood test, etc. Wrong, wrong, wrong! We are US citizens- not some police state prisoners. Times they are achanging.


37 posted on 02/25/2014 12:21:46 PM PST by V K Lee
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To: dglang

nice story ;)


38 posted on 02/25/2014 12:24:56 PM PST by Revelation 911
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To: CIB-173RDABN

A friend of mine was arrested for DUI in LA. He demanded a blood test and they drove him to the back of the police station and said the hospital was closed. Then they drove him around and booked him back into the same police station. The case was thrown out for violation of his civil rights.

We think they thought he didn’t understand the process because he’s of Japanese ancestry. They bet wrong. I can’t imagine what they do to people who truly don’t understand the process.


39 posted on 02/25/2014 12:31:47 PM PST by CityCenter (Resist Obamacare!)
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To: soycd

A very large lawsuit should help deter this kind of harassment.

Won’t make a bit of difference. Any settlement will be paid
by the taxpayers. The incompetent badgemonkeys will hide
behind union protection and laugh their ass off. The union will
even fight against making them demonstrate competence.

For every $100 collected by victims of LEO crime and abuse
less than 1/10th of 1% comes out of the pockets of the thugs
perpetrating the abuses. It’s ALWAYS the taxpayer who suffers
the costs for institutionalized criminality by badgemonkeys.


40 posted on 02/25/2014 7:33:53 PM PST by nvscanman
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