9.23.2013

Lawyer Gets Ride Home After DWI Arrest


This is a couple of weeks old, but I just saw it.  A lawyer crashed his car in downtown San Marcos, failed the field sobriety tests, and then refused to provide a sample of his breath. Being the first No Refusal Weekend in the county's history, the cops then went to a judge to obtain a warrant for the lawyer's blood.

"Not so fast my friends" (or something like that), the judge said. Since he knew the lawyer and considered him to be a "friend", the judge didn't think he could be impartial and, in essence, recused himself from the warrant process. He was the only available judge.

Ok, that's a little bit of a stretch, but that's at least plausible.  But the cops actions after the judge not signing the warrant were peculiar: Despite having formed probable cause to arrest the defendant, had arrested him, and taken him to the county jail, they took him home because they believed there would be insufficient evidence without the blood sample.