Cops Stand by Decision to Arrest Man for DWI After Testing 0.00

Chris | InformationLiberation
Feb. 26, 2014

Austin, Texas police arrested an innocent man who blew a 0.00 on a breathalyzer, then charged him with a DWI, despite both the breathalyzer and a further blood test finding no drugs in his system.

From KVUE:
AUSTIN -- One man endured a night in jail and a criminal case hanging over his head for year, only to have prosecutors say they donít think he was even guilty of a crime.

It happened Jan. 1, 2013. Austin police pulled Larry Davis and his vintage Buick over in Northeast Austin after running a red light. Soon, they were investigating him for drunken driving. Then he was arrested.

Davis insists he only had one drink that night. A voluntary breath test showed he hadn't had too much to drink. He blew a 0.00 on the breath test.

"I told them I would take a blood sample as well, just to prove that I didn't have anything in my system," Davis said.

That test looked for seven types of drugs in his system, and Davis tested negative for all of them.
Due to the absence of any evidence, prosecutors eventually dropped the charges against Davis.

Nonetheless, Austin police "commander" David B. Mahoney, the officer's supervisor who is paid $126,671 a year, says he thinks the officer "did the right thing."



He says he may have been other drugs, like "marijuana."

"If there is someone who is impaired, we don't want them driving," Mahoney said.

If there is someone whose judgment is so impaired as to think it's justifiable to arrest someone for a DWI after testing 0.00, we don't want them policing.

Commander Mahoney and his minions should be fired immediately. Unfortunately, he was hired by Austin police chief Art Acevedo, who probably feels Davis should just be happy the cops didn't rape him.

Video courtesy of KVUE:


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