Tuesday, August 28, 2012
A TOTAL REFUSAL IS NOT PROBABLE CAUSE !
The Boiling Coffey Pot: last night I find out a sweet, bright young new lawyer (I mentored her by letting her sit second chair for experience) got arrested for DWI by Keller PD cop Hicks (badge # 154) after she got pulled over for not using a turn signal and telling him she only had one drink. Naturally, she refused all the tests (as he wasn't believing her) and he got a warrant for her blood. Result ? No ethanol. The DA refused to file her case. The ALR judge suspended her license even with evidence of the ZERO ethanol toxicology report ! Bullshit. Here is what is wrong with this picture: the fact that the cop arrested her for probable cause in the first place. Saying NO to everything because the cop has NOTHING is NOT probable cause to arrest and it is high time cops, da(s), and judges start holding them to this and throwing out total refusal bullshit arrests. JYou either have evidence or you don't ! This is not the middle east, we as free American citizens DON"T HAVE TO prove anything. Typical descriptors like "odor of alcohol and bloodshot eyes" is NOT probable cause. Jimminy Christmas. I swear to God, this type of behavior is worse than Communism.