Veteran SA EN Columnist on his side of DWI arrest (Anton: attorney, live)

[sinsativ]

Veteran columnist sheds light on his side of DWI arrest (http://www.mysanantonio.com/news/columnists/carlos_guerra/Veteran_columnist_sheds_light_on_his_side_of_DWI_a rrest.html - broken link)


Carlos Guerra, was arrested last Thursday, 1/15, for DWI.
"A police officer stopped Guerra at 11:25 p.m. after running his license plate and finding his car listed as stolen. It was later determined Guerra did own the car but at some point had reported it stolen and forgotten to cancel the complaint."

Now, in today's SA EN, he gets to try his case in the medial, before it even goes to court. Wow, must be nice to plead your case in front of all SA, so if he asks for a jury trial, which naturally now his attorney will do, and since the jury will be tainted, they will ask for a change of venue, since in such a small matter the judge will either deny, or say its too costly to do so, and dismiss it.
If he denies it, well, the case will always be ready for an appeal because he wasn't given a "fair" trial. Most likely this will have it dismissed. He admits to drinking, then driving. Isn't that DWI?

[Bo]

I'm not taking the side of anyone who does DWI, but I assumed when I read today's column that he let his attorney read it before it was published. It looks like they'll be trying to make a case that he was stopped without probable cause, due to the misfiling of the report of vandalism to his car that led to his car being tagged in the records as stolen.

I doubt that it will be very hard to find a pool of jurors who have NOT read that installment of his column. Far too few local folks read the newspaper.

[sinsativ]

Yep, that's my take on it. they will ask for a change of venue, won't get it, dismiss case. Too bad everybody that's charged with DUI cant have their case published in the newspaper before it goes to court. lot less cases heard there.

[majormadmax]

Originally Posted by sinsativ

He admits to drinking, then driving. Isn't that DWI?

No, the legal limit for intoxication (DWI) in Texas is .08 blood alcohol concentration (BAC); however, drivers can be stopped and cited for impaired driving due to alcohol. But it is not the same thing (intoxicated versus impaired)...

Cheers! M2

[rd2007]

I couldn't stand the guy before today and as of today I hope he gets hit by a big truck and lives for a few days just to suffer. That article was disgusting, just like him.

[Dube665]

Ming the Merciless? Anton Szandor LaVey?

[dvlpr]

Our DWI laws are ridiculous, and enforced haphazardly. If you have wine with dinner and get pulled over, you are absolutely at risk for being arrested, and any good defense attorney will tell you that you should never consent to any sobriety test. Of course, you'll be arrested and charged, and Moderator cut: see comment - substitute "in the view of some" presumed to be guilty of the charge.

I wish Mr. Guerra the best.

[rd2007]

hate to tell you this, but sober people don't refuse breathalyzers and sobriety tests.. Moderator cut: orphaned

[Paka]

I think he sounded like an A$$ ih his article today trying to explain his way out of it. Think he would have been much better off to keep his big mouth shut on the subject...bad judgement both times as far as I am concerned.

[rd2007]

I was thinking more about this and my opinion of him actually went down even more.
I have been pulled over four times since I moved here in 2001 and none of the cops acted like this guy is alleging. Each time the cop was either black or Hispanic and I'm white, but they didn't treat me any different and I didn't treat them any different either.
I hope there is dash-cam video of this and I'm guessing carlos totally forgot about those things. I'd be willing to lay down a nice crisp dollar that carlos copped an attitude on the cop and he got one back in return (seems nobody remembers the Golden Rule any more). I work with a spouse of an SAPD officer and hopefully she can ask him for some inside information.
I could be totally wrong, but I doubt it.