Criminal Law Blog
April 01, 2005
In February of 2005, Williamson County Deputy Craig Ferguson was pulled over by a Round Rock Police Department officer. According to the Austin American Statesman the suspect/Deputy was released after he refused to take field sobriety tests.
Even though he had a strong odor of alcohol on his breath.
Even though he relied on the car door for support when getting out of his car.
Even though he showed other signs of intoxication.
He was not arrested for DWI. He was not offered a breath test. He was not arrested for anything.
When I was a prosecutor and saw stories like this, I felt badly because I knew that such events undermine confidence in the criminal justice system, in law enforcement, and in the rule of law. And I still feel those things.
What is different now that I practice criminal defense law is that I feel angry, too.
I feel angry because I have had several clients who were pulled over for DWI, who performed well on the field sobriety tests, who did not have a strong odor of alcohol on their breath, who did not weave in traffic, who did not stumble when getting out of their cars, who were offered a chance to “blow” and who blew lower than the legal limit, but were still arrested for DWI. They still had to hire a lawyer. They still had to show up in court. Where’s the justice?
I feel angry about this kind of situation, but if I were in my clients’ shoes, I would feel outraged.
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