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Was it right to fire a San Marcos police sgt for an off-duty wreck?

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  • cycleguy2300

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    Irony is his BAC was 0% alcohol per blood test.
    As you know lots of things can lead to intoxication. Xanax and other prescription pills are pretty common and often abused. It is also possible he wasn't intoxicated and just being stupid or had a medical issue, however unless the beer was simply open and he hadn't had any, he shouldn't be at zeros... I find that odd.

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    Renegade

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    As you know lots of things can lead to intoxication. Xanax and other prescription pills are pretty common and often abused. It is also possible he wasn't intoxicated and just being stupid or had a medical issue, however unless the beer was simply open and he hadn't had any, he shouldn't be at zeros... I find that odd.

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    It just seems if you have not been drinking you take the breath test like West wife did, as it exonerates you.
     

    cycleguy2300

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    @cycleguy2300 clarification of this please?

    after arrest and DIC-24 warning
    Following an arrest for DWI, the arrestee is is given a copy of the DIC-24 which is also read aloud to the arrestee in english or spanish.

    The DIC-24 is the statutory warning about civil and criminal penalties should you choose to or refuse to provide a requested specimen of blood or breath.

    *************************************

    You are under arrest for an offense arising out of acts alleged to have been committed while you were operating a motor
    vehicle in a public place, or a watercraft, while intoxicated, or an offense under Section 106.041, Alcoholic Beverage Code.
    You will be asked to give a specimen of your breath and/or blood. The specimen will be analyzed to determine the alcohol
    concentration or the presence of a controlled substance, drug, dangerous drug, or other substance in your body.
    If you refuse to give the specimen, that refusal may be admissible in a subsequent prosecution. Your license, permit, or
    privilege to operate a motor vehicle will be suspended or denied for not less than 180 days, whether or not you are
    subsequently prosecuted for this offense. If you refuse to submit to the taking of a specimen, the officer may apply for a
    warrant authorizing a specimen to be taken from you.
    If you are 21 years of age or older and submit to the taking of a specimen and an analysis of the specimen shows that you
    have an alcohol concentration of 0.08 or more, your license, permit or privilege to operate a motor vehicle will be suspended
    or denied for not less than 90 days whether or not you are subsequently prosecuted for this offense. If you are younger
    than 21 years of age and have any detectable amount of alcohol in your system, your license, permit, or privilege to operate
    a motor vehicle will be suspended or denied for not less than 60 days. However, if you submit to the taking of a specimen
    and an analysis of the specimen shows that you have an alcohol concentration of less than 0.08, you may be subject to
    criminal penalties less severe than those provided for under Chapter 49, Penal Code. If you submit to the taking of a blood
    specimen, the specimen will be retained and preserved in accordance with Article 38.50, Code of Criminal Procedure.
    If you were operating a motor vehicle and you refuse to give the specimen or provide a specimen that shows you have an
    alcohol concentration of 0.08 or more, you may be disqualified from driving a commercial motor vehicle for a period of not
    less than one year. You may request a hearing on the suspension or denial. This request must be received by the Texas
    Department of Public Safety at its headquarters in Austin, Texas, no later than 15 days after you receive or are presumed to
    have received notice of suspension or denial. The request can be made by written demand, fax, or other form prescribed by
    the Department.
    I certify that I have informed you both orally and in writing of the consequences of refusing to submit to the taking of a
    specimen or providing a specimen. I certify that I have requested your signature below acknowledging the voluntary
    consent to the taking of a specimen. I certify I have provided you with a complete and true copy of this statutory warning.
    I am now requesting a specimen of your: Breath Blood


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    cycleguy2300

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    It just seems if you have not been drinking you take the breath test like West wife did, as it exonerates you.
    IANAL...

    It sure can, so can SFTSs.

    Blood can too and I think West did blood but blood will show if you've been doing a lot of other things breath can't.

    He truly may not have been intoxicated, but the circumstances would certainty be suggesting intox as a strong possibility, but if the pieces don't fit, they don't fit.

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    Renegade

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    Axxe55

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    Lost in East Texas Elhart Texas
    Freakonomics had a podcast called The Perfect Crime.

    If you want to kill someone, and not go to prison, running over a pedestrian is one way to do it.



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    This man is sitting in the Anderson County Jail on a one million dollar band for hitting a pedestrian while intoxicated and fleeing the scene.

    www.palestineherald.com/news/palestine-man-charged-with-intoxicated-manslaughter/article_7e538d28-78b2-11ec-bba4-7faccf5fa653.html
     

    Renegade

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    Freakonomics had a podcast called The Perfect Crime.

    If you want to kill someone, and not go to prison, running over a pedestrian is one way to do it.



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    That was the plot on an episode of Quincy back in the 70s. Didn’t fool Quincy though solved it in under an hour!
     
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