Posted on 05/23/2008 11:00:08 AM PDT by Tolerance Sucks Rocks
The Texas Department of Public Safety is withholding trooper dashboard camera video taken during the arrest of Texas representative Mike Krusee.
Using the Texas Public Information Act, KXAN requested the video after the state lawmaker from Williamson County was arrested for DWI earlier this month. A state trooper pulled him over after he noticed him driving erratically in northwest Austin. The license plate on his vehicle also had expired last December.
Elected state officials all have personalized license plates. Therefore, the trooper would have known he was pulling over a state official before asking for identification.
A spokeswoman for the Texas Department of Public Safety said Krusee failed a field sobriety test. When asked if he had been drinking, Krusee said he had had one glass of wine.
DPS is using a section of government code that allows law enforcement entities to withhold information regarding an ongoing investigation, if they choose.
Krusee who, before his arrest, announced he planned on not running for reelection, helped pave the way for major toll road projects and stiffer drunken driving penalties.
Krusee sponsored House Bill 3588, which opened the door for the state's toll road system and the Trans-Texas Corridor. It also included a provision to create the driver responsibility program, which charges a $1,000 surcharge for first-time offenders convicted of driving while intoxicated, with additional penalties for repeat offenses.
The Capitol had buzzed that Krusee would be a candidate to serve on the Texas Transportation Commission once he resigned his seat in the House. Paul Burka, senior executive editor of Texas Monthly, speculated on his blog Thursday that the DWI did not help Krusee, mainly because it gave new ammunition to toll road opponents who oppose Krusee's appointment.
"Krusee has made himself a bigger target than he would have been otherwise," Burka said.
The second strike against Krusee's appointment to the Texas Transportation Commission -- if Gov. Rick Perry were to choose to appoint him -- is that he would follow Perry's former chief of staff Deirdre Delisi onto the commission. Perry named Delisi chair of the commission this week. One Perry appointee completely committed to toll roads and the Trans-Texas Corridor might be expected; there might be natural opposition to two such appointments, Burka said.
Under state law, Krusee's license is automatically suspended for 180 days for refusing a breath test. He was released from Williamson County Jail in Georgetown Thursday morning after posting a $1,000 bail. First-offense DWI is a Class B misdemeanor punishable by probation to 180 days in jail and fines of up to $2,000.
Krusee has served in the House since 1993. He's a close ally of Perry on transportation issues and stood as the sole House vote against a bill that would rein in toll roads last session.
Trans-Texas Corridor PING!
A DWI could not happen to a nicer guy.
From a song by the Austin Jug Band:
He'll get acquitted, just like he did last time
When you're a friend of John Conally's
You can't commit no crime.
Of yes, Frank Erwin’s DWI and they named an arena after him.
BTW-It’s the “South Austin Jug Band”
Did you notice that the article failed to mention party affiliation.
I wonder what that could mean? /sarcasm
Refuse the breath test, don't tell them if you've been drinking...nothing. Just the car info and keep your mouth shut and call a lawyer.
Anybody has any experience that they can offer about that suggestion?
BTTT
Can any state force a blood alcohol test on a person?... Seems I’ve heard that but maybe only in my imagination.
“I wonder what that could mean?”
++++++++++++++++++++++++
I wondered also. I had to check the “Election Analysis” link on his web site. He’s a pubbie.
You’re absolutely right. My friends who are defense lawyers in Indiana tell me that the prosecutor usually upgrades the charge from a “C” misdemeanor to an “A” for anyone who refuses. Plus, I know of one person who was roughed up by the County Sheriff’s deputies pretty bad for refusing a field sobriety test then additionally charged with resisting arrest.
I wonder what that could mean? /sarcasm
In Austin, when you read about a pol from Williamson County, you simply assume he's a 'phant.
. My point is that or really my question is : what PROOF does the cop have of you being drunk other than his observation. Which means this is based on a subjective observation and what else? If you're driving all over the road, sure... or slurring and stumbling, but what if you've just had 3-4 beers and are at the lower end of the DUI scale?
Then it becomes subjective and reasonable doubt etc.
I'm not a big drinker anymore, too many kids and responsibilities, but had a colleague stopped after a party and charged with DUI.
Got booked and the whole nine.
I let my wife drive everywhere usually cause we go in her car not my truck to gatherings.
Are you a lawyer?
I think they can get a search warrant if there's been a crime or bad accident.
Not good advice if you are innocent. Of course, the problem is that if you've been drinking enough to get pulled over, you might not be sober enough to be making good decisions.
And don't forget the new and growing practice of getting a search warrant from a tame judge, holding you down, and having an unlicensed non-professional stick a needle in you to take blood even if you say no.
>>BTW-It’s the “South Austin Jug Band”<<
No, I meant the Austin Jug Band, who got taken off the air when they tried to play the Frank Erwin song at a KLRU TV fundraiser. As far as I know, The South Austin Jug Band never played the Frank Erwin song.
I’m not a lawyer. I have 3 very good friends who are and do lots of criminal defense work. Every now and then they win a DUI case, but most of the time they advise their first offenders to take the pretrial deferral programs.
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