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Austin man arrested for DWI despite blowing 0.0.

The blood test came back negative, but charge still lingered for a year.

By Tony Plohetski | Statesman.com

To Austin attorney Daniel Betts, driving while intoxicated can sometimes be what he calls “an opinion crime.” Law enforcement must decide, sometimes within only a matter of minutes, whether a person is intoxicated and should go to jail -- or be allowed to simply drive way.

On the night Austin police arrested his client, they made the wrong choice, he says – his opinion bolstered by a voluntary breath and blood test showing Larry Davis wasn’t intoxicated when he was arrested Jan. 13, 2013. He tested 0.00 on a Breathalyzer – the lowest possible reading -- and the blood test, which took months to be tested, came back negative.

“My reaction was just shock that it happened,” Betts said of the arrest, after watching a police dash cam video and reviewing the evidence.

The arrest meant Davis spent a day in jail, and he was left with a criminal case looming over him for more than a year. Because he was declared indigent at the time, the county picked up his legal fees of a few hundred dollars.


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I've had a similar experience

In Pa. just admitting to one drink can lead to a DUI charge. It is an unrated misdemeanor but gets you in the system and will cost you thousands.
I was pulled over by a local cop one evening after returning from the grocery store. A few seconds after the stop an "officer" from a neighboring municipality showed up. This was a cop who I had a run in with a few months earlier and who I had filed a complaint against which led to a reprimand. This cop came running at me with a breathalyzer which he was holding in gloved hands and to which I never saw unwrapped. I absolutely refused to surrender my fourth amendment right and wouldn't stick that nasty thing in my mouth. This necessitated a trip to the local germ factory for a blood test. When I told the cop there was no way I'd allow an invasive procedure to occur, my wife contracted MRSA after a heart attack in that pit a few months before and succumbed to it, he became incredibly irate. I requested a doctor and the head of security, some shaved headed wannabe storm trooper, responded with a negative answer while utilizing some very colorful profanities.
I was then taken home and received two DUI, driving at the maximum BAC, charges in the mail. Automatic two year suspension and some time in the pokey. I hired a lawyer who got the first cop to admit in court they were using their cell phones to stalk me. For some reason they didn't want the 911 center in on this. I initially agreed to accept the lessor charge of the unrated misdemeanor to which the prosecuting attorney refused. In subsequent testimony the cop admitted to tailgating me, following a car length behind me at 45 MPH while I was in a small sports car, an 83 Fiat Pinnafarina that I was also driving the night I had my altercation with the other cop. The reason he gave for pulling me over was speeding. Can you spell entrapment.
2 and a half years later and after this case was batted all over the system my attorney assured me we had a great case for dismissal. 2 days later a call came to me that I was needed in court. I showed up, I was actually working on a bridge that is next to the Court House, but in the process of climbing out of where I was I tore the entire ass out of my pants. This brought no small amount of entertainment to my lawyer. He said he had never had a client show up in court with his ass literally hanging out. Now came the surprise. The deal I had sought two and a half years and $6500.00 earlier was on the table. When I refused my attorney went on a tirade against me attempting to ridicule my avenue of defense, this is two days after he had assured me we had a good case for dismissal. The court room was empty except for us and he then left me alone and went out to the hall way to speak to the prosecuting attorney and the two cops. He returned and told me they were going to file the papers for the automatic two year suspension if I refused the deal. Ya think he might have had a hand in that? These guys all work together and they will never bite the hand that feeds them so extravagantly.
So I now have a DUI record and owe the County a grand in fines and other illegal taxes. I could have fired my attorney but after the lengthy process I had already undergone I know the Judge would think it was a delaying tactic.

There are no politicians or bankers in foxholes.

I had the same thing happen to me

The worst part was the MVA didn't care if the charges were 100% false and revoked my license before the trial and wouldn't give it back for years and until I did all the same things (classes, aa, etc.) that someone who actually got a dui would have to do. Then in order to get it back they sat me in a room and made me say I am an alcoholic. Point is, the state doesn't care what reality is once the wheels are in motion. I feel bad for this guy because his problems are far from over.

the lawyer was shocked? now i

the lawyer was shocked? now i know the lawyer and da are full of S#@T!!!

Ron Paul 2016

the county paid the legal fees for his lawyer? Wow.

In Wisconsin there is a minimum $10 payment to a public defender regardless of your income. It goes up every month until it reaches $240 at which point they sell the debt to a collection agency, meaning the fee is essentially discharged as there is never any obligation to pay a collection agency as they never provided any product or service.

Defeat the panda-industrial complex

I am dusk icon. anagram me.

More illegal arrests by Texas cops? No news here.

Most cops just arrest anybody they want in order to convince many citizens that the cops are necessary to protect the streets. Cops are almost always caught breaking the law but are rarely held accountable.

Yepper, cops are that necessary evil the sheeple always

talk about!

"It is difficult to free fools from the chains they revere".

It's hard not to be a menace to society when half the population is happy on their knees. - unknown

I was harrassed in NC...

I went to an art opening on a Saturday afternoon and I had one glass of wine. Unfortunately, I had an empty stomach so the odor of alcohol was on my breath. I was driving home, it was about 5 pm. I took the highway exit I normally take. Here is what the exit is like: there are two lanes; one lane if you want to go left, and one lane if you want to go right. There is a traffic light at the bottom of the exit. There is also a traffic light to the left and right of the exit. There are two lane to turn right onto. The exit ramp, right hand lane broadens at the bottom but there is no dividing line indicating where you should be depending on whether you are turning extreme right or broad right. The light was red when I got to the bottom of the ramp. I was taking the broad right turn; I was slightly angled to the right, in other words, my vehicle was not on the extreme left of the turn lane but angled slightly more right. ( I have since observed that approximately 90% of the cars using this exit and intending to take a broad right do exactly what I was doing that day). I could not make a right turn on red because cars were already lined up at the other red light that is placed to the right after you make the turn. I was waiting for a green light. Suddenly, a very large SUV pulled up right beside me...really close. I could not see around it to look left so I slightly pulled forward. I did not know it was a sheriff's dept vehicle.

Finally the light turned green and I made my broad right turn, then came to the next light, which was green at this point, and turned left. That's when I saw the blue lights behind me, so I pulled into the grocery store parking lot to my right. I had no idea why I was being pulled over, but I knew my breath smelled like alcohol, what could I do?

So, the sheriff deputy said he couldn't figure out why I had not turned right on red and wondered what was wrong. I tried to explain to him what I was doing and he said "don't argue with me"...ok.

He apparently thought I was too far over right in the turning lane and he thought I was trying to make an extreme right hand turn and because I didn't do that, I was causing a backup of, get this, two cars. He told me had pulled up beside me to ask me what I was doing...and he was going to go around me or something like that. (I was supposed to notice that he had rolled down his window after dark in a vehicle that was two stories higher than mine?) This is crazy! He actually was endangering me by blocking my view and planning on doing something close to illegal and it was all because I did not turn right on red fast enough. (I checked the law; turning right on red is NOT a mandate, it is a permission slip). Well of course he then smelled my breath and asked me if I had been drinking. I said I had one glass of wine at an art opening. He said, one glass? I said yes.

Of course, he called in a second car. They went back to his gigantic vehicle and kept me sitting for 45 minutes. (I have an absolutely clean driving record). Then they came back and said they were giving me a warning and then he smelled my breath again and that's when they decided to give me breathalyzer test. I was really frightened; I had no idea what it would show as I am rather small and who knows what one glass of wine would do. Anyway, I scored a 0.01, which is the lowest you can score short of 0.00. The deputy then proceeded to tell me that in NC you could be charged if you have any alcohol in your system, even what I scored. Lordy, I was really scared; he finally let me go. When I got home and read the warning, it was for unsafe movement...wtf....I was sitting at a red light minding my own business waiting for it to be safe to turn right and he gets me for unsafe movement?

I was seriously traumatized by this because I did nothing wrong and I was pulled over and given a breathalyzer test for one glass of wine. (I live in a town known as beer city...they could stop every car on the road and give out citations if they wanted to do that). Every time I see a sheriff's deputy vehicle my stomach clenches up...they could decide to pull me over for anything!! I'm afraid to even go out for one beer or glass of wine with friends because the law is different for me. I'm serious, the town is half drunk and stoned all of the time! I even said something to the deputy about beer city and he said, they should have a designated driver..for one beer???!! He'd put the town out of business.

That's my story, and it sucks.