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Medical Forum / Diseases and Disorders / Tinnitus / January 2005

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Jailed for Meniere's Disease

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danorton@gmail.com - 10 Jan 2005 17:26 GMT
I was jailed recently for DWI with 0.00 BAC.  I think this is a case of
false arrest or at least an opportunity to point out that the City of
Austin needs better training of their officers.  Is there any group
that might be interested in helping me and others avoid such arrest,
particularly in Texas?

Details of my experience are here:
http://www.DanielNorton.net/dwi

Thanks.

--
Daniel
Elly Byrne - 10 Jan 2005 19:24 GMT
That is quite a story. Did you write it to the local newspaper?

Balance is one of the police bag of tricks. Unfortunately with age our
balance gets worse. I have proved this to my satisfaction.
But when I found out how bad I did on a balance test (in the
chiropractor office) I went home and did something about it.

I started walking around the table - hanging on to the chairs -
walking heel to toe I believe is the term.

The immediate thing I found out was how hard my feet had to work to
keep upright. That is a muscle that gets very little use. No wonder
the elderly are always falling over. With age all the muscles get
worse.

Did you get the legal thing sorted out?

Elly's Tinnitus Resources
http://eebee.net/

>I was jailed recently for DWI with 0.00 BAC.  I think this is a case of
>false arrest or at least an opportunity to point out that the City of
[quoted text clipped - 6 lines]
>
>Thanks.
danorton@gmail.com - 10 Jan 2005 20:17 GMT
I submitted it to a local weekly, but they apparently weren't
interested.

I still have to report to the county court administrator's office every
few weeks, else forfeit a $1,500 bond.  And I'll have to keep reporting
until the city is ready to file with the county, which, as far as I can
tell may be never.  Why should they?  They don't have a bond forcing
them to keep showing up.

I just found the Texas Civil Rights Project
(www.texascivilrightsproject.org) and sent them an E-mail.  Maybe
they'll have some ideas.

Regards,
Daniel
Kuta - 11 Jan 2005 02:27 GMT
Daniel,

Did you hire a good defense attorney?  Is sounds like you were trying to
clear this up by yourself.  Not a good idea.  The judicial system is a
minefield from the inexperienced.

>I submitted it to a local weekly, but they apparently weren't
> interested.
[quoted text clipped - 11 lines]
> Regards,
> Daniel
danorton@gmail.com - 11 Jan 2005 16:01 GMT
I don't intend to represent myself but I also don't intend to pay
$1,500 to an attorney for a case that hasn't been scheduled and that is
likely to be dropped.
--
Daniel
Howard Gutnick - 14 Jan 2005 03:19 GMT
>I was jailed recently for DWI with 0.00 BAC.  I think this is a case of
> false arrest or at least an opportunity to point out that the City of
[quoted text clipped - 9 lines]
> --
> Daniel

Daniel,

I have some pointed questions to ask you. Why were you stopped on suspicion
that you had been drinking. Was your car weaving? Were you driving
erratically? What exactly caused the officer(s) to pull you over and test
you for DWI?

HNG
danorton@gmail.com - 14 Jan 2005 14:13 GMT
Good questions all, HNG, but they're all answered in the details at the
link I listed at the top of the thread (http://danielnorton.com/dwi).
The officer claimed that I was going 50 in a 35 (it's possible, though
I don't generally go faster than the prevailing traffic).  Then the
officer said that he smelled "the presence of alcohol" (extremely
unlikely, given a BAC of 0.00).  No, no weaving or otherwise out of
control and the officers didn't mention that they saw such.  I
certainly didn't need any help (and they offered none) getting in and
out of the police car while wearing handcuffs, so I really wasn't
particularly dizzy and certainly was not experiencing vertigo.
--
Daniel
Howard Gutnick - 14 Jan 2005 22:12 GMT
> Good questions all, HNG, but they're all answered in the details at the
> link I listed at the top of the thread (http://danielnorton.com/dwi).
[quoted text clipped - 8 lines]
> --
> Daniel

Sorry but I missed the link that you cited. My concern and probably the
concern of others is that someone who is actively imbalanced/dizzy drives a
car, and so endangers him/herself or others. That person, like someone who
is experiencing seizures and isn't allowed to drive, has no business
whatsoever behind the wheel. Thanks for the clarification.

HNG
danorton@gmail.com - 14 Jan 2005 22:43 GMT
The argument that dizziness, ipso facto, makes a person unable to drive
safely is perhaps for another thread.  My complaint with the APD
officers involved was for the DWI arrest, which (in Texas) would have
required a reasonable suspicion of being under the influence of drugs
(alcohol having been ruled out by breath analysis).

--
Daniel
 
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