Daniel said it is premature to discuss specifics including why police stopped [Tarrant County District Judge] Berry and whether she took a blood test.
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[Really? Premature after she has been arrested?


Details.

[This message was edited by JB on 11-11-08 at .]

She refused to take the breath test so they got a search warrant. another article

That's pretty interesting. Finally, a public official with a blood test. The result, one would think, will provide the public with a much more clear statement as to whether the driver was intoxicated, rather than months if not years of accusations both ways.

I notice that the stop was at 4:07 p.m. and the blood test was at 7:00 p.m. -- nearly THREE HOURS later. This could certainly be an issue unless there is VERY GOOD extrapolation / interpolation evidence. I think the warrant program is excellent, but drawing blood three hours after an arrest may not be that helpful.

That's a real good reason to provide for a mandatory blood draw. Search warrants take too much time and add nothing to the process except delay. With a mandatory blood draw, there still must be probable cause, which can be evaluated at a motion to suppress hearing if necessary.

This is why, in Schmerber, the SCOTUS found there was a justifiable exception to the warrant requirement. Time for Texas to join the world of law enforcement.

Drawing blood, even three hours after the stop, will be very helpful. Without the blood draw it would be a case of "he said, she said". And remember, the she in this case is a criminal district judge who has retained one of the best defense attorneys in Tarrant County to represent her.