Posted on 06/04/2008 6:12:59 PM PDT by elkfersupper
Heather Squires was the designated driver. Never exactly a fun thing, but a college buddy of her husband's was driving up from Tucson to celebrate his acceptance into law school. So when her husband, Jason, asked, Heather said yes.
It's not safe to be the designated driver these days, either.
At Chuy's in Tempe, Heather's brother and her husband and the soon-to-be-law-school student knocked off four pitchers of beer. Everybody was having a great time.
Around 9:30 p.m., they decided to head home. So they piled into Jason Squires' new pickup truck. As planned, Heather drove.
They didn't get very far.
A motorcycle cop spotted the truck as Heather drove through the intersection of Baseline Road and Mesa Drive. Not familiar with the truck, she'd failed to flip on her lights. Soon the cop was flipping on his — and they were flashing.
Heather was ordered out of the vehicle and almost immediately handcuffed. She was taken to the Mesa Police Department and charged with both driving under the influence and driving with a blood alcohol content over the legal limit. The truck was searched, then impounded.
Party's over.
Heather Squires was no different from any of the thousands of people who've been charged with DUI this year in Arizona. They drank, they got busted, and now — thanks to the toughest DUI laws in the nation — they can expect jail time, big fines, and an ignition interlock.
Except for one thing.
Heather Squires' blood alcohol content that night was 0.00. The records prove, beyond the shadow of a doubt, that she was an exemplary designated driver.
She hadn't had a drop to drink.
Heather Squires is a 29-year-old legal assistant, but with long blond hair and wholesome good looks, she resembles nothing so much as a fresh-scrubbed high school student.
So it doesn't surprise me that the Mesa policeman's first question was, "How old are you?" On a dark night, it would be easy to assume she was underage and out past curfew.
The problem is, she wasn't. Wasn't underage, wasn't past curfew, wasn't drunk. Wasn't even drinking. The arrest should never have happened. And though Mesa police quietly dismissed the charges against her a month later, I think her case still raises serious questions.
Let's face it. The DUI situation in Arizona is out of control. As I reported earlier this year, drivers are getting popped after just one or two drinks, with blood alcohol contents far below the legal limit.
But Heather's case is the only one I've seen in which the driver drank nothing. It certainly makes me wonder whether her treatment was related to the fact that her husband, Jason, is a DUI attorney based in Mesa.
A few months before Heather's arrest, in fact, he helped a client beat the rap for extreme DUI at a jury trial, even though records suggest the guy was guilty.
The officer who arrested the guy? Bond Gonzalez — the same cop who would arrest Heather Squires.
I would call that a remarkable coincidence, except I'm not so sure it is a coincidence. The truck, after all, was registered to Jason Squires. And when Gonzalez began questioning Heather, Jason immediately identified himself from the back seat, as Gonzalez's report confirms.
Gonzalez wrote in the report that he did not recognize Squires for quite some time. In fact, when Squires showed his bar card to verify that he's an attorney, Gonzalez wrote that Squires was attempting to claim he worked for the county attorney.
I find the officer's report a little disingenuous.
The Squireses agree that, upon his pulling them over, Gonzalez was almost immediately hostile. Rather than ask Heather Squires whether she'd had anything to drink, he ordered her out of the truck. Then he immediately ordered her to do a field sobriety test.
Sensing trouble, Jason Squires advised her to refuse.
"I didn't like the way this was happening," he explains. "At that point, I'm not going to trust him to be fair." It didn't help that the area where they were standing was covered in thick gravel and Heather Squires was wearing strappy heels. As any DUI lawyer knows, that's setting a driver up for failure.
Now, the law is clear. If you refuse a blood test, the police confiscate your license right away and suspend it for a year. By refusing, you're admitting guilt.
But that is not true for field sobriety tests. They are supposed to be optional.
That's not how Gonzalez handled it. When Heather Squires refused the field tests, Gonzalez said he had no choice: "If you're not going to do these, I'm putting you under arrest."
"What for?" Jason Squires asked, incredulous. He knew his wife hadn't been drinking.
Within minutes, she was in cuffs anyway.
The Mesa police are equipped with portable Breathalyzers — a test that would have shown immediately that Squires was not intoxicated. But Gonzalez never administered one.
And though Gonzalez's supervisor showed up, he never administered a breath test, either.
In total, five cops reported to the scene. (Nice use of Mesa's tax dollars, eh?) And not one of them did anything to stop the madness. Not one of them noticed that the woman they were arresting was as sober as an undertaker.
The next day, Jason Squires filed an Internal Affairs complaint, alleging retaliation. He and Heather say there will be a lawsuit.
The Mesa police see things a bit differently. Detective Steve Berry, a spokesman for the department, tells me that by refusing the field test, Heather Squires "forced" Gonzalez's hand.
"He had to look at the totality of the situation," Berry says. "You have a car where the other two individuals are clearly drinking. He smells alcohol. And then you have someone driving without their headlights, not willing to do field sobriety tests — he's left with few options at that point."
Berry adds that Gonzalez likely had no idea whom he was pulling over. Yes, police typically run license plates before making a traffic stop, but they're mostly checking to make sure a vehicle isn't stolen. He's skeptical that Gonzalez actually recognized Squires' name.
But as scary as it is to think that the police harassed the wife of a DUI lawyer, I think the other option is almost scarier.
And that's this: In this time of anti-DUI zeal, are police so eager to make arrests that everyone on the road at night is presumed to be a drunk driver?
It's interesting to read the affidavit that Officer Gonzalez wrote that night about Heather Squires, intending to ask the Motor Vehicles Division of ADOT to yank her license. (He never mailed it — possibly because of the blood-test results.)
It describes "bloodshot and watery eyes."
"Flushed face."
"Strong odor of an alcoholic beverage emitting from breath."
All this on a woman who was sober.
Anyone at that scene should have noticed that Heather Squires didn't smell of alcohol, that her eyes weren't bloodshot, that her face wasn't flushed. She wasn't, after all, drunk.
But that's not what they wanted to see.
There's no one who understands that better than Jason Squires.
Two months ago, when Squires questioned Officer Gonzalez in court for that extreme DUI arrest he'd made, Gonzalez admitted that he'd pull people over at night for things he'd never bust them for during the day. And when a juror asked if he had a quota, Gonzalez replied that he liked to arrest three people per night.
So what if some of them are sober, right?
One month after her arrest, Heather Squires is still nervous behind the wheel.
"Particularly when I'm in Mesa," she admits. "Like, I would not want to call them in an emergency — the people you think are there to help you and assist you are not." Even knowing that she was sober, she says, she agonized over whether the charges would be dismissed.
Keep in mind, this is coming from a woman whose husband handles DUI cases for a living. Most of us would have been on our own.
Honestly, I don't want to believe that Officer Gonzalez sought out the lawyer who beat him in court — and then penalized his wife when she'd done nothing wrong.
But a rogue cop is almost preferable to a system that's stacked against motorists who want nothing more than to get home at night. Those people might not be as sober as Heather Squires proved to be, but after one or two drinks, I'm willing to bet that they don't have bloodshot eyes or reek of booze. You're still going to read that in the police report.
That's how the system works these days.
"We have to fight this," Jason Squires tell me, "for all the people out there who can't."
It's going to be a lonely fight in this teetotaler's paradise. But if nothing else, I bet he's got the Mesa PD's attention.
Drive carefully, Jason.
If the criminals don't beat you up, the police will.
The male cop is probably on steroids given how violently aggressive and verbally nonsensical he is.
That's just disturbing video.
That's more than a confrontation - that's an assault. This is why some people call them "pigs". This cop has an attitude problem, and really deserves to have his butt kicked repeatedly.
Cops are outta control. Yesterday’s fry cooks wear badges, and I’m supposed to feel safe?
I would respond to that, but I don’t know what it means.
I was just funnin’. :-)
This is the direct result of MADD
We let these Idiot Mothers run Amuck, and Pass Draconian legislation, then leftist Morons let it Grow into the Monster it is Today.
Ruined lives because of some bitter Mothers who cant get over the deaths of their Children and want to punish anyone who has a drink.
Screw MADD and the Idiots who Helped them.
I agree completely! And these idiots blame Bush for 'trashing the constitution'...it happened long before ol' W came on the scene. Between the DUI 'enforcement' and the child-support racket, we may as well be living in the old Soviet Union!
Typical predator behavior - circle until an opening appears, then pounce.
Nor are they there to protect or serve. Every cop probably knows that it has been held in court, including SCOTUS time and again, police are under no duty to protect citizens.
Even if they know a crime is being committed against a citizen. So the only duty most respect is holding on to their government jobs.
No, he will probably be promoted to the swat team.
Oh, I agree -- the arrest should never have happened. But consider something.
This officer, riding alone, stopped a car driving at night without headlights, containing four individuals of whom three were drunk males (one and one-third pitchers of beer each, average), and one female driver who refused to take a field sobriety test.
Granted the officer wasn't wrapped real tight, but even somebody with a level head is going to be a little edgy with that crew in front of him being uncooperative.
The way I read the story, the driver's husband set the scene for confrontation right away by telling her to refuse the officer's requests and instructions.
I'll tell you this -- when I get stopped at night, I am polite to the police, I do pretty much what I'm told to do, and I have yet to get busted. I've been driving for 40 years, and that includes a lot of years that included getting (*cough*) altered and driving (carefully, but nevertheless...).
I was stopped maybe a dozen times, in all states of mind. I'm male, so I didn't get to bat my eyelashes or cry and get away with it (as some female friends did). But being polite and cooperative kept me out of trouble, every time.
There was one time when I was driving (being the most sober, relatively speaking), and we got stopped for a tail-light out. My buddy in the back seat (wildly drunk) started yelling, "Tell that f*ing pig to go f*k himself!"
Far from doing as this woman did (follow her husband's instructions and tell the cop to get lost), I turned around and told my buddy to shut the hell up, and I apologized politely to the cop on my buddy's behalf.
My car was obviously full of drunks (luckily, all over the legal age). The officer checked my papers, had me do a quick field test (which I passed), asked me where I was headed, and admonished me to get my friends home safely. Which I did.
I have no doubt whatsoever that if I'd talked back to the cop the way this woman did, we would have all been busted.
That doesn't make this cop in the story right. Just sayin', talking back to a cop doesn't get you -out- of trouble.
What no radio, no calling for backup?
Hmmm
The cop who arrested her is a fascist pig who should be hanging from a lamppost like Mussolini.
> Gad, I miss "Peace Officers".
I have friends who are cops, and every one of them has my respect. They do good work, enforcing the law, and being helpful when they can. Maybe they're the exception, but I'd like to think not entirely.
When I was growing up in the 50's and 60's, "the policeman is your friend" was the refrain, and by and large I had no problems with police. Until I was 17, and driving, and had long hair and played rock-n-roll and did all those hippie-type things (what can I say...). At which point the cops became The Enemy to a lot of my friends.
I decided early on that it was a bad idea to openly go up against superior firepower. So I learned to be polite and reasonably cooperative, and I stayed out of jail despite being just as much of a dissipated youth as any of my buddies.
I'm a lot older, and haven't driven drunk in decades. But I still remember getting pulled over at night a few sheets to the wind, and keeping my cool, and doing okay.
I have respect for the police, in general. And I try to avoid pissing them off, especially at night.
Cops are more likely to act like "Peace Officers" when the you're being peaceable yourself. At least that's been my experience. YMMV, of course.
I assume from the story that he didn't call in for help immediately. Others did show up later, apparently.
This cop was not doing his best, for sure.
The police are the enforcement arm of the law. Laws are powerless without that enforcement capability. Superior firepower, voice of authority, all that goes into enforcement.
It would be nice if they also have time to help old ladies across the street, and sometimes they do. I have seen officers do amazingly nice things for people, if they have the opportunity.
But I have no illusions that that's their job.
> Even if they know a crime is being committed against a citizen. So the only duty most respect is holding on to their government jobs.
I wouldn't go that far -- if a cop knows a crime is being committed against a citizen I would expect they would try to do something about it. That -is- their job.
Cops that are merely there for the power-glory, or to harass people, or to get to wield firearms without question, are not the shining examples of enforcement that I'd like to think are the standard. I don't personally know any cops that fall into that unfortunate category, but I agree, they certainly do exist.
No, this is rural West Virginia so both the police and postal employees are white rednecks...
The Albuquerque Police Department... isn’t this the same outfit that took the helicopter to Krispy Kreme about 7 years ago?
http://seclists.org/isn/2001/Oct/0066.html
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