YAY! Finally! Thread growth because of lab results.

1) Very happy Mrs. West was clean and not a drunk with a child in the car
2) Mrs. West needs to take some driving and "what to do when stopped" classes
3) Watching the video, there was enough to warrant the stop
4) The process worked and proved innocence. Now it is time to review the officers actions as compared with the facts.

Mr. West; however, is still off of my acceptable candidates list for Texas Governor. As a husband, I understand his anger, but as a leader, restraint should trump revenge.

Irish 2.0 said:

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Quote:

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In a statement, the Dallas District Attorney's office said they were rejecting the case because the toxicology report conclusively showed Graham-West had no drugs or alcohol in her system at the time blood was drawn.

---

---

That sums it up.

Looks like sloppy police work. Hopefully a training issue and not a false statement.

My agency would investigate the officer.
The prosecutors in my jurisdiction would have no papered because of the sloppiness (the officer couldn't have smelled alcohol, it has NO smell).
If the officer lied on the papering documents, good luck being able to get anything papered in the future, or to ever testify in court.

West still let his emotions control his actions here.

We fixed the keg said:

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YAY! Finally! Thread growth because of lab results.

1) Very happy Mrs. West was clean and not a drunk with a child in the car
2) Mrs. West needs to take some driving and "what to do when stopped" classes
3) Watching the video, there was enough to warrant the stop
4) The process worked and proved innocence. Now it is time to review the officers actions as compared with the facts.

Mr. West; however, is still off of my acceptable candidates list for Texas Governor. As a husband, I understand his anger, but as a leader, restraint should trump revenge.

---

He was never really on my preferred list and this just confirms my thoughts.

Bocephus said:

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I too would like to see all the body cam footage. If it was anyone but Milner I would suggest something was up. What I saw on that video does not go along with that test result (neither does what I was told from the scene).

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Weren't you the one claiming thirdcoast was doubling down on stupid?!

He was begging you for more footage and you assured us based on what YOU saw... 0.15. You didn't need to see anymore footage. It was in the bag. Now, you want to see more?!

You might have gotten away with an 0.06 claim... but she was no where near 0.15. I remained quiet because I didn't see 0.15, but was second guessing myself. 0.15 is a pretty high bar to claim. I feel like I have a pretty good read on BAC... but you are the one that gets to arrest people for their expertise on BAC.

Eat your crow.

InfantryAg said:

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Irish 2.0 said:

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Quote:

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In a statement, the Dallas District Attorney's office said they were rejecting the case because the toxicology report conclusively showed Graham-West had no drugs or alcohol in her system at the time blood was drawn.

---

---

That sums it up.

Looks like sloppy police work. Hopefully a training issue and not a false statement.

My agency would investigate the officer.
The prosecutors in my jurisdiction would have no papered because of the sloppiness (the officer couldn't have smelt alcohol, it has NO smell).
If the officer lied on the papering documents, good luck being able to get anything papered in the future, or to ever testify in court.

West still let his emotions control his actions here.

---

Precisely why our Department has a zero tolerance policy on being untruthful. You cannot put someone on the stand ever again at that point.

And as far as West, concur. Said multiple times my biggest problem with him was demanding that the Mayor and Chief show up at his house to apologize. Us "common folk" don't get such treatment, and he shouldn't either. It was absolutely a poor arrest, but that doesn't mean he is afforded more than you and I would.

Bocephus said:

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Captain Pablo said:

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Bocephus said:

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I too would like to see all the body cam footage. If it was anyone but Milner I would suggest something was up. What I saw on that video does not go along with that test result (neither does what I was told from the scene).

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Cops get it wrong sometimes. They make mistakes, yourself included

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I make lots of mistakes. This does not make a lot of sense though. Nystagmus with a zero tox?

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Eat your crow. This is why so many people dislike Cops. Even once proven they are wrong, they still double... triple down. You are a COP... not a medical professional.

You can't get to a 0.15 without slurring or having speech problems.

https://www.hopkinsmedicine.org/health/conditions-and-diseases/nystagmus

Quote:

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What causes nystagmus?

Jerk nystagmus usually results from diseases affecting the inner ear balance mechanisms or the back part of the brain (brainstem or cerebellum).

Pendular nystagmus can result from brain diseases such as multiple sclerosis, but can be a congenital problem as well.

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DannyDuberstein said:

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IMO it was not about her balance. It was about her complete inability to follow the most simple of instructions. But yeah, I think the one leg balance test for olds is a dumb one and would expect them to do poorly.

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Your spouse is running for Governor and you suddenly find yourself being tested for DWI knowing you had nothing to drink... you have a grandkid in the backseat...

My guess is, she was probably pretty wired. She was likely very angry, scared, concerned, and confused. That doesn't excuse compliance and following orders, but it doesn't warrant arrest. A GOOD cop would likely have navigated that better.

Add to that we just spend all of 2020 talking about how abusive cops are towards Black people. And here we have an innocent Black person being arrested fro DWI, while her Tox shows she was 0.00... and a dumbass cop (Bocephus) doubling down on her guilt?!

ABATTBQ11 said:

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Bocephus said:

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Captain Pablo said:

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Bocephus said:

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I too would like to see all the body cam footage. If it was anyone but Milner I would suggest something was up. What I saw on that video does not go along with that test result (neither does what I was told from the scene).

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Cops get it wrong sometimes. They make mistakes, yourself included

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I make lots of mistakes. This does not make a lot of sense though. Nystagmus with a zero tox?

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Yep

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And that is just in this thread, alone.

JamesE4 said:

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Bocephus said:

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thirdcoast said:

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Quote:

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We don't even know for a fact that this was a screw up.

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We agree Alan should have waited.

BUT-We know a Lt Colonel said she wasnt drinking and a subsequent lab test showed no alcohol. And that the cop was inexperienced. We know these things.

Like I said, Alan is putting his entire reputation and career on the line here. A random cop just possibly lied on an affidavit.

My prediction since this video dropped has been that the blood test comes back positive for Benzos, and no alcohol. But because the cop said she "smelled alcohol" on her report, this DWI/D charge is dropped and Mrs. West ends up with a traffic violation, if anything.

We will see how wrong I am

---

My prediction is it comes back with alcohol in her system. I've already stated multiple times that I think she is over 0.15. I can buy one cop f-ing up. There were multiple officers out there. I don't buy a bunch of officers signing off on the arrest of a high profile person unless they knew it was justified.

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I'll take the opposite - my prediction is the blood test comes back with no alcohol.

---

SITYS

thirdcoast said:

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There needs to be a full and independent investigation into the DPD (and DWI Squad) to see if there is a questionable pattern of "smelling alcohol from vehicle or empty containers" etc. Determine whether or not there is questionable training on or off the books in beefing up affidavits with BS, in order to secure a blood warrant. Review the program's criteria for maintaining taxpayer funding based on DWI quotas. #FOIA

Charge L. Harris with police perjury for lying on a sworn affidavit, and fire the affiant too, make an example. Lastly, send Bocephus and his "cops on the scene" buddies back to the police academy for going around saying there was "alcohol in the car". A bold faced lie that they used their position of authority to propagate.

Now you all know why the police chief and DPD were so keen NOT to discuss the mcdonalds cup, and instead push their edited video out to public. Civil rights matter, evidence matters, lying on affidavits matter, our Constitution matters...that's the message here.

<< >>

Cops do a high risk, thankless job, for low pay. They don't deserve officers and leadership like this. Smoke em out and fix the system.

---

The "smell of alcohol" is just the excuse Cops use to force further inspection. "Probable cause."

That allows the cop to pull the driver from the car, give a field test, and inspect the inside of the car.

InfantryAg said:

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Irish 2.0 said:

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Quote:

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In a statement, the Dallas District Attorney's office said they were rejecting the case because the toxicology report conclusively showed Graham-West had no drugs or alcohol in her system at the time blood was drawn.

---

---

That sums it up.

Looks like sloppy police work. Hopefully a training issue and not a false statement.

My agency would investigate the officer.
The prosecutors in my jurisdiction would have no papered because of the sloppiness (the officer couldn't have smelled alcohol, it has NO smell).
If the officer lied on the papering documents, good luck being able to get anything papered in the future, or to ever testify in court.

West still let his emotions control his actions here.

---

Your wife ever been arrested?

Bocephus said:

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thirdcoast said:

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If officers on the scene found alcohol in the car (instead of just empty cup) why the hell is that NOT in the affidavit?

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Serious allegations of what?!! An open container is not serious. What is a cup of alcohol evidence of oh criminal justice savant? I'm not frustrated by you calling me out on anything. I'm insulted that your presence on this site indicates you attended my alma mater, yet you are this stupid. That you will play the victim and accuse others of "drive-by insults" is even more pathetic. You have already accused the officer of lying and the chief of trying to smooth it over with his statements. You claim everyone else is biased whilst twisting other's actions and over analyzing statements in a failed attempt to justify your belief that this involved benzos. I have been very clear about what my beliefs are and how this will go.

I am not going to listen to anything West says. He is either intentionally trying to tank his campaign or he is approaching your level of stupidity.

---

My bolding.

Who is the embarrassment, now?!

Yes, you (Bocephus) are this stupid.

Rendered Fat said:

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"I can buy one cop f-ing up. There were multiple officers out there. I don't buy a bunch of officers signing off on the arrest of a high profile person unless they knew it was justified." - Bocephus

My God this is terrifying.

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And Bocephus STILL doesn't believe the Tox report.

Still no apology.

BigJim49 AustinNowDallas said:

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InfantryAg said:

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Irish 2.0 said:

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Quote:

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In a statement, the Dallas District Attorney's office said they were rejecting the case because the toxicology report conclusively showed Graham-West had no drugs or alcohol in her system at the time blood was drawn.

---

---

That sums it up.

Looks like sloppy police work. Hopefully a training issue and not a false statement.

My agency would investigate the officer.
The prosecutors in my jurisdiction would have no papered because of the sloppiness (the officer couldn't have smelled alcohol, it has NO smell).
If the officer lied on the papering documents, good luck being able to get anything papered in the future, or to ever testify in court.

West still let his emotions control his actions here.

---

Your wife ever been arrested?

---

arrested for DWI . . . when she hadn't been drinking AT ALL!!!

DallasAg 94 said:

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thirdcoast said:

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There needs to be a full and independent investigation into the DPD (and DWI Squad) to see if there is a questionable pattern of "smelling alcohol from vehicle or empty containers" etc. Determine whether or not there is questionable training on or off the books in beefing up affidavits with BS, in order to secure a blood warrant. Review the program's criteria for maintaining taxpayer funding based on DWI quotas. #FOIA

Charge L. Harris with police perjury for lying on a sworn affidavit, and fire the affiant too, make an example. Lastly, send Bocephus and his "cops on the scene" buddies back to the police academy for going around saying there was "alcohol in the car". A bold faced lie that they used their position of authority to propagate.

Now you all know why the police chief and DPD were so keen NOT to discuss the mcdonalds cup, and instead push their edited video out to public. Civil rights matter, evidence matters, lying on affidavits matter, our Constitution matters...that's the message here.

<< >>

Cops do a high risk, thankless job, for low pay. They don't deserve officers and leadership like this. Smoke em out and fix the system.

---

The "smell of alcohol" is just the excuse Cops use to force further inspection. "Probable cause."

That allows the cop to pull the driver from the car, give a field test, and inspect the inside of the car.

---

This. It's the ol' "I smelled weed/alcohol/etc" trick to get around that pesky need for probable cause.

I'm sure cops would flip **** if they were told someone was going to review their searches and compare true positives (actually finding it) to false positives (not finding it).

Bocephus said:

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BuddysBud said:

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Bocephus said:

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Player To Be Named Later said:

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Bocephus said:

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She had spilled alcohol on her shirt and a McDonalds cup containing alcohol in the center console of the SUV. The car smelled like an alcoholic beverage when you approached it. These are all signs of intoxication.

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Where are we seeing this?

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Arrest report/affidavit

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Based on the video:

It appears that the officer not only is incompetent but lied in the report to cover her ass.
In the dash cam video there is no stain or indication of a wet spot on Mrs. West's shirt. How did she know about alcohol in the cup without testing it? The chief said that they didn't analyze the cup.

That officer wanted the DWI really bad and did everything she could to get it.

As for the driving on the fog line, I see it all of the time when idiots are texting as they are driving. I am sure that many commenting here about her bad driving are even more guilty of this sin.

She also could have been checking on the baby. Not smart but not DWI.

Also the shoulder became a driving lane as Mrs West was driving there. I don't think that was an issue here but it should be considered.

She didn't pull over into the center lane to stop. She stopped at a red light, and waited for the police car with flashing lights to pass. Then the officer had to tell her to pull over. Mrs. West likely didn't have any clue until that time that she was being pulled over. Who knows what the officer told her from there? Perhaps she gave instructions that were just as clear as she gave during the field tests.

The officer was so focused on DWI she never considered explaining why Mrs West was stopped. Or asking whether she had been drinking or why she was driving around on the shoulder. Mrs. West had no clue what was happening until the officer pulled out the breathalyzer. Obviously this was the first time she had been pulled over for suspected DWI, possibly it could have been her first ticket. She mentioned that she thought that she was being pulled over for a lane change without signaling. If you rarely if ever get traffic ticket, and suddenly the officer makes you do silly tests, I would understand her being confused and distracted.

Overall the officer was so intent on getting a DWI arrest that she failed to look at the big picture. That is a real sign of inexperience and poor training.

---

Have you watched the entirety of the body camera and dash camera footage or just the 14-minute edited version available on YouTube? If you have not watched all of the video, then how can you be sure what instructions Mrs. West was given?

Driving on the shoulder is a crime. Parking in the middle of a highway is a crime. Parking in the right lane of a freeway is a crime. All are possible indicators of intoxication. You are welcome to go to court and argue that there was lemonade in the cup. No one is ever going to test it. None of that changes the fact that this was a valid arrest and enough PC existed in the state of Texas to generate a warrant for her blood.

When it comes back that she had alcohol in her system, are you going to come back on here and publicly apologize for insulting the officer for getting it right while you got it wrong?

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Apparently I have no need to apologize for giving my impressions based upon the video.

The arrest report apparently stated that Mrs West had a stain on her shirt. I believe that Bo brought up that tidbit. This observation was not supported in the video.

If the report mentions a stain, the smell of alcohol, and alcohol in a McDonald's cup, the arresting officer has a lot of explaining to do to a IA officer. It appears that she lied in order to get an arrest. DPD needs to do a full investigation and respond accordingly. If it turns out that false claims were included in the report, hopefully it is just one bad officer and not a common practice in DPD.

If officers are including false information in reports to support an arrest, it makes an already difficult job harder for those who want to do it right.

DallasAg 94 said:

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DannyDuberstein said:

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IMO it was not about her balance. It was about her complete inability to follow the most simple of instructions. But yeah, I think the one leg balance test for olds is a dumb one and would expect them to do poorly.

---

Your spouse is running for Governor and you suddenly find yourself being tested for DWI knowing you had nothing to drink... you have a grandkid in the backseat...

My guess is, she was probably pretty wired. She was likely very angry, scared, concerned, and confused. That doesn't excuse compliance and following orders, but it doesn't warrant arrest. A GOOD cop would likely have navigated that better.

Add to that we just spend all of 2020 talking about how abusive cops are towards Black people. And here we have an innocent Black person being arrested fro DWI, while her Tox shows she was 0.00... and a dumbass cop (Bocephus) doubling down on her guilt?!

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Somehow, I don't think she knew it was about a DWI, not until the officer pulled out the breathalyzer. Mrs. West had a "you think I'm drunk?!?!" reaction and she immediately went to do the test. Unfortunately the officer failed to explain it well enough for West to do it properly.

DallasAg 94 said:

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ABATTBQ11 said:

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Bocephus said:

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Captain Pablo said:

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Bocephus said:

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I too would like to see all the body cam footage. If it was anyone but Milner I would suggest something was up. What I saw on that video does not go along with that test result (neither does what I was told from the scene).

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Cops get it wrong sometimes. They make mistakes, yourself included

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I make lots of mistakes. This does not make a lot of sense though. Nystagmus with a zero tox?

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Yep

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And that is just in this thread, alone.

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He'd better hope no lawyer ever connects him with his username.

"Officer Bocephus, do you make mistakes?"

"No."

"Oh really? Have you ever heard of a website called TexAgs?"

"..."

BigJim49 AustinNowDallas said:

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InfantryAg said:

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West still let his emotions control his actions here.

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Your wife ever been arrested?

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Moot to the point.

Regardless if he was justified, his was still an emotional reaction. I'm not making a judgement, just stating a fact. He also just turned off a bunch of voters because of this.

Player To Be Named Later said:

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And as far as West, concur. Said multiple times my biggest problem with him was demanding that the Mayor and Chief show up at his house to apologize. Us "common folk" don't get such treatment, and he shouldn't either. It was absolutely a poor arrest, but that doesn't mean he is afforded more than you and I would.

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How about police Chief Garcia and his posse of DPD cops holding a presser to show an edited video providing cover for his cop? Then when a member of press asks the chief about the cup, all of sudden he clams up and says "listen, we don't want to try this case in the press".

How about the police chief going out of his way in prepared remarks, to mention how his officer showed mercy and could have given the infant to CPS and towed the car, but didn't. As if thats a discretionary tool to punish citizens, rather than a rules based protocol.

I'm proud of West using his platform the way he did. Otherwise, I don't think we would see the level of abuse of power we are seeing now, and will see as the full video is released.

Alan has said several times this is not just about his wife, it's about citizens who don't have the platform he has to expose misconduct and civil rights abuses.

This is win win for everyone- honest cops who want this garbage rooted out, and citizens who demand accountability.

Bocephus said:

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wbt5845 said:

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The problem here is that our resident cop is equating non-equivalent tests. She failed a subjective field test yet passed (with a 0.0) a quantitative lab test.

His confusion comes from a "false equivalence" - that is, both tests are equally valid since "meh chemistry". These tests are not equal - one is based on a cop's judgment and one is honest to God chemistry.

An unwillingness to admit the field test is subjective and inferior to the lab test is evidence of a much deeper problem in the LO community. If a cop made a certain judgment, fellow LOs believe it as deeply as a lab test. That's because they would want their fellow cops to support their judgment the same way.

Over time, the subjective test becomes just as valid to LOs and it baffles them when contrary things like this happen.

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We have not seen a .00 test result yet. We have seen a letter from Milner. Like I said, I want to see the entire video now.

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Jeeze dude. You lost, own it. Especially before whatever remains of your credibility* and reputation in this corner of the internet gets completely flushed down the drain.

*Assuming there is any left

Player To Be Named Later said:

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PearlJammin said:

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Player To Be Named Later said:

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Can't speak for Dallas. But at my PD that officer would be looking at a pretty in depth IA investigation. And if there was even a hint of untruthfulness they'd be fired, no questions, by our Chief.

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Of course you would.

If you were a white dude.

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Our Chief, who is black, has fired one white officer and one black officer this year for lying.

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I believe what you say about the department you work for. Need more police departments similar to the one you work for.

BuddysBud said:

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My impression based only on the video:

It appears that the officer not only is incompetent but lied in the report to cover her ass.
In the dash cam video there is no stain or indication of a wet spot on Mrs. West's shirt. How did she know about alcohol in the cup without testing it? The chief said that they didn't analyze the cup.

That officer wanted the DWI really bad and did everything she could to get it.

As for the driving on the fog line, I see it all of the time when idiots are texting as they are driving. I am sure that many commenting here about her bad driving are even more guilty of this sin.

She also could have been checking on the baby. Not smart but not DWI.

Also the shoulder became a driving lane as Mrs West was driving there. I don't think that was an issue here but it should be considered.

She didn't pull over into the center lane to stop. She stopped at a red light, and waited for the police car with flashing lights to pass. Then the officer had to tell her to pull over. Mrs. West likely didn't have any clue until that time that she was being pulled over. Who knows what the officer told her from there? Perhaps she gave instructions that were just as clear as she gave during the field tests.

The officer was so focused on DWI she never considered explaining why Mrs West was stopped. Or asking whether she had been drinking or why she was driving around on the shoulder. Mrs. West had no clue what was happening until the officer pulled out the breathalyzer. Obviously this was the first time she had been pulled over for suspected DWI, possibly it could have been her first ticket. She mentioned that she thought that she was being pulled over for a lane change without signaling. If you rarely if ever get traffic ticket, and suddenly the officer makes you do silly tests, I would understand her being confused and distracted.

Overall the officer was so intent on getting a DWI arrest that she failed to look at the big picture. That is a real sign of inexperience and poor training.

---

Talk about nailing it.

Mrs. West did say she'd never even received a citation near the end of the video.

If she lied on the affidavit, she not only needs to be fired, she needs to be prosecuted to the full extent of the law. She is lying in order to deprive someone of their freedom.

Bocephus said:

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fixer said:

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Bocephus said:

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mel99 said:

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I too would like to see all the body cam footage. If it was anyone but Milner I would suggest something was up. What I saw on that video does not go along with that test result (neither does what I was told from the scene).

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So you dispute which result? The toxicology or field tests?

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Toxicology does not match up with the field tests at all but that is the way it goes sometimes. Now I want to see all of the footage.

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This post is amazing. You admit to being wrong in your line of work and not caring.

sonnysixkiller said:

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Is Bocephus really a cop ? This is pretty scary situation.

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Can anyone confirm?

Completely unsurprised Creuzot refused to charge her with anything, this is also the person who thinks theft under $750 is not theft, and refused to charge Wesley Mathews with murder. Creuzot is a coward.

Bocephus said:

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Player To Be Named Later said:

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Irish 2.0 said:

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Thanks for the honest answer and discord

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If you look back early in this entire thread, I said way back then that if this was proven to be a bad arrest, the officer should be facing potential termination.

She'd better hope this is just a legit mistake that requires more training and not something intentional. If proven she lied even a little, I hope she never works as an officer again.

---

We saw what was in the report. She would not need to lie in order to make the arrest. The chief backed her and you would have to believe he had seen all the video. Hopefully we will actually see the toxicology results and not just a letter from a lawyer to his client.

• I'll give you the benefit of doubt that you missed the following quote from the article linked
• The district attorney's office confirmed the charge has been dropped, releasing the following statement:
  
  "This office rejected the case after reviewing the toxicology results which showed conclusively that there were no drugs or alcohol in Ms. West's system at the time of the drawing of her blood."

Would like to see all of the body camera footage too.

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So the District Attorney's office released a statement confirming the toxicology report.

Buzzy said:

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Completely unsurprised Creuzot refused to charge her with anything, this is also the person who thinks theft under $750 is not theft, and refused to charge Wesley Mathews with murder. Creuzot is a coward.

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You want him to charge someone with a 0.00 BAC test with no drugs?

MsDoubleD81 said:

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Maybe he's really MF Barnes!

19 pages and no one has noticed she was pulled over next to a Waffle House.

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The Waffle House is next to a hotel which is right across the street from BabyDolls and down the street from Red River. She was in an area with a ton of bars and where drunk driving is rampant.

Buzzy said:

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Completely unsurprised Creuzot refused to charge her with anything, this is also the person who thinks theft under $750 is not theft, and refused to charge Wesley Mathews with murder. Creuzot is a coward.

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A negative blood test is a negative blood test

Buzzy said:

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MsDoubleD81 said:

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Maybe he's really MF Barnes!

19 pages and no one has noticed she was pulled over next to a Waffle House.

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The Waffle House is next to a hotel which is right across the street from BabyDolls and down the street from Red River. She was in an area with a ton of bars and where drunk driving is rampant.

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Makes me wonder how many people they falsely pull over for drunk driving because its in a "bad area"?

Word of caution, people are catching bans so watch what you post.

VegasAg86 said:

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Buzzy said:

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Completely unsurprised Creuzot refused to charge her with anything, this is also the person who thinks theft under $750 is not theft, and refused to charge Wesley Mathews with murder. Creuzot is a coward.

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You want him to charge someone with a 0.00 BAC test with no drugs?

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The minute this whole incident came out, I was certain Creuzot wasn't going to charge anyone with anything, even if she was guilty. It's one of the reasons I take issue with Allen West's reaction, a simple phone call to Creuzot's office would have assured him nothing would happen.

But West has to defend his wife's "honor" and 'character', and it is probably going to cost him any chance he had at being elected.