Man blows 0.00 on breathalyzer, gets arrested for DWI in Texas

posterchild336

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Blood Test and Breathalyzer was 0.00...now they are saying he could have been using marijuana since nothing was shown in his blood. watch video in link...

Back in 2013, Texas resident Larry Davis ran either a red light or stop sign (reports vary) in his Buick in the city of Austin. Despite his insistence that he had had only one drink, he was put in handcuffs and arrested for driving while intoxicated. Then, when he was given a Breathalyzer test by the AustinPolice Department, he blew a 0.00. Nonetheless, as KVUE reports, Mr. Davis spent the night in jail.

While at the station, Mr. Davis agreed to give a blood sample as well, to prove he was not under the influence of any drugs or alcohol. The results would later come back 100% negative. Davis’ attorney, Daniel Betts, told KVUE, “My reaction was just shock that this happened."

The Austin Police Department stands by the arrest, saying they believed Davis showed signs of impairment, that while standing on one leg, he “swayed,” and “needed his arms for balance.” They also suggested that he could have been on marijuana, a drug that wouldn’t necessarily show up in a test. The APD said they’re going by a “take-no-chances” policy. That being said, they did acknowledge how unusual it is that Davis was arrested despite registering a zero on his breath test.

The Statesman reports that people, including Davis’ attorney, Mr. Betts, have characterized Austin PD’s drunken driving arrests as “overzealous.” They noted back in 2011, that Austin’s Travis County has, “dismissed a higher percentage of drunken driving cases than other major Texas counties -- in part because prosecutors said police filed weak charges or prosecutors allowed suspects plead to other crimes."

As for Larry Davis, he will now spend the next few months getting his arrest record wiped clean. In addition to that, he will file a grievance against the Austin Police Department and the officer who arrested him. KVUE notes that as they started to investigate the manner, Travis County prosecutors dismissed the case completely.
 

posterchild336

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crazy I remember a couple years ago driving at 1am undercover pulled me over for no reason..I asked them why they said I was swerving. I said how is that possible I just made a right out of my friends complex and stopped at the light 100 yards away. Other one came out of his car and said "this one smells like marijuana" before he even got to my window. I said thats funny I dont even smoke, he said yeah "thats what they all say". They told me to hand up my cell phone since they heard my friend asking what was going on through my bluetooth stereo in the car.

I did that and then they asked me what I do for a living I told them I have my own business, they asked me for my business card. I gave it to them, they said if you have a business you should have a credit card that matches your business name. I did and gave it to them..at this point i just listened because it was me against them, then I saw backup come..about 8 cop cars with lights on...They took my license, I asked them if this was standard procedure for a middle aged man, they told me to shut up....

I swore I was going to jail that night when I saw all them cop cars and me a black man in a white area in a high priced car...the cop came back and told me get out of here, and next time do my bootycalls earlier...I was so pissed I drove off and called my cousin that works in the force. He told me to leave it alone because its my word against them, and you wont win against a police force under court.. He also said If I try and start something they will definitely retaliate and its hard for us to really get justice against the people that protect and serve.

Never had a record or anything but I feel that they wanted me to retaliate and curse them out so they could throw me down and lock me up for a reason.
 

raul04

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I live in Austin, this doesn't surprise me at all. They have a bad reputation down here.
 
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