So was this guy drunk, or partially insane?

[atxgun]

http://blogs.tampabay.com/breakingnews/ ... d-and.html" onclick="window.open(this.href);return false;

A man crashed his car into a fence in the wee hours Saturday, got out of his car and told a Port Richey police officer he was drunk and didn’t have a license.

According to a report from the Pasco County Sheriff’s Office, a Port Richey officer spotted the car going nearly 20 miles over the speed limit on U.S. 19 a little after 2 a.m.

Just as the officer was about to turn on his light, the car veered left, bounced over a curb and smashed into a chain link fence.

A man and woman inside the car were not injured.

The driver’s side door had a metal pole through it, so the driver — later identified as Eric Marusak, 37, of New Port Richey — crawled out the passenger door.

“I’m wrecked, dude,” he told the officer.

Marusak laughed and then added, “I got a suspended license.”

He soon stopped laughing and got angry — kicking the officer in the groin and leg, cursing at him, punching him and then acted like a dog, growling and trying to bite him, according to law enforcement.

Marusak was arrested and charged with DUI, resisting an officer with violence, refusing to take a breath test, battery on a law enforcement officer, simple assault on a law enforcement officer, criminal mischief and violating a pre-trial release.

He is being held without bail at the Land O’Lakes jail.

[dave_in_austin]

He was charged with refusing to take a breath test? Is that a criminal offense now?

[flb_78]

He was charged with refusing to take a breath test? Is that a criminal offense now?

refusing a breathalyzer is an automatic suspension of license.

http://www.totaldui.com/state-laws/texas/default.aspx" onclick="window.open(this.href);return false;

[magicglock]

Well, I guess if you are going down, you might as well do it with some style. Maybe he thought he could get a head start on an insanity plea? Thanks for posting this article.....I needed the laugh tonight!

[dave_in_austin]

He was charged with refusing to take a breath test? Is that a criminal offense now?

refusing a breathalyzer is an automatic suspension of license.

http://www.totaldui.com/state-laws/texas/default.aspx" onclick="window.open(this.href);return false;

Automatic suspension of a civil license is not anything like a criminal charge. The phrasing used suggests that the refusal is a criminal offense as he was charged with it. This sounds dubious to me.

[boomerang]

I bet this happened in Florida so Texas laws don't apply.

[CopOnce]

He was charged with refusing to take a breath test? Is that a criminal offense now?

He wasn’t charged with refusing to take an intoxalyzer (Breathalyzer) test. If a person refuses to take an intoxalyzer test, the arresting officer has no choice but to file DWI/DUI on the driver. The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense.

[CopOnce]

I bet this happened in Florida so Texas laws don't apply.

What I stated was Texas law…Florida, who knows.

[dave_in_austin]

He was charged with refusing to take a breath test? Is that a criminal offense now?

He wasn’t charged with refusing to take an intoxalyzer (Breathalyzer) test. If a person refuses to take an intoxalyzer test, the arresting officer has no choice but to file DWI/DUI on the driver. The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense.

The article explicitly states that he was charged with DUI, resisting an officer with violence, refusing to take a breath test, battery on a law enforcement officer, simple assault on a law enforcement officer, criminal mischief and violating a pre-trial release. The DUI charge is in addition to the charge of refusing to take a breath test so it appears that refusing to take a breath test is a criminal offense.

[CopOnce]

He was charged with refusing to take a breath test? Is that a criminal offense now?

He wasn’t charged with refusing to take an intoxalyzer (Breathalyzer) test. If a person refuses to take an intoxalyzer test, the arresting officer has no choice but to file DWI/DUI on the driver. The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense.

The article explicitly states that he was charged with DUI, resisting an officer with violence, refusing to take a breath test, battery on a law enforcement officer, simple assault on a law enforcement officer, criminal mischief and violating a pre-trial release. The DUI charge is in addition to the charge of refusing to take a breath test so it appears that refusing to take a breath test is a criminal offense.

First off, it is now called an intoxalyzer rather than a breathalyzer. That changed in the early 80's. The refusal of taking the intoxalyzer isn't criminal, it's civil, lose of driving privileges (suspended License).In Texas, battery on a law enforcement is the incorrect charge, it would be assault on a peace officer, no such thing as simple assault on a peace officer, well charge wise. Any assault on a peace officer is filed one grade higher than what it would be on a civilian. Criminal mischief, yes, and violating a pre-trial release; who knows what is meant by that. The way this article is quoted sure doesn't sound like it's something that happened in the state of Texas.

[Oldgringo]

He was charged with refusing to take a breath test? Is that a criminal offense now?

He wasn’t charged with refusing to take an intoxalyzer (Breathalyzer) test. If a person refuses to take an intoxalyzer test, the arresting officer has no choice but to file DWI/DUI on the driver. The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense.

The article explicitly states that he was charged with DUI, resisting an officer with violence, refusing to take a breath test, battery on a law enforcement officer, simple assault on a law enforcement officer, criminal mischief and violating a pre-trial release. The DUI charge is in addition to the charge of refusing to take a breath test so it appears that refusing to take a breath test is a criminal offense.

First off, it is now called an intoxalyzer rather than a breathalyzer. That changed in the early 80's. The refusal of taking the intoxalyzer isn't criminal, it's civil, lose of driving privileges (suspended License).In Texas, battery on a law enforcement is the incorrect charge, it would be assault on a peace officer, no such thing as simple assault on a peace officer, well charge wise. Any assault on a peace officer is filed one grade higher than what it would be on a civilian. Criminal mischief, yes, and violating a pre-trial release; who knows what is meant by that. The way this article is quoted sure doesn't sound like it's something that happened in the state of Texas.

There is a New Port Richey and a Land O' Lakes in Pasco County in Florida, I assume that this took place in Florida.

I'm sorta' concerned with the above statement, "The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense." What happened to the concept of being innocent until proven guilty? BTW, I don't drive drunk amd will report anyone I see that does.

[CopOnce]

He was charged with refusing to take a breath test? Is that a criminal offense now?

He wasn’t charged with refusing to take an intoxalyzer (Breathalyzer) test. If a person refuses to take an intoxalyzer test, the arresting officer has no choice but to file DWI/DUI on the driver. The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense.

The article explicitly states that he was charged with DUI, resisting an officer with violence, refusing to take a breath test, battery on a law enforcement officer, simple assault on a law enforcement officer, criminal mischief and violating a pre-trial release. The DUI charge is in addition to the charge of refusing to take a breath test so it appears that refusing to take a breath test is a criminal offense.

First off, it is now called an intoxalyzer rather than a breathalyzer. That changed in the early 80's. The refusal of taking the intoxalyzer isn't criminal, it's civil, lose of driving privileges (suspended License).In Texas, battery on a law enforcement is the incorrect charge, it would be assault on a peace officer, no such thing as simple assault on a peace officer, well charge wise. Any assault on a peace officer is filed one grade higher than what it would be on a civilian. Criminal mischief, yes, and violating a pre-trial release; who knows what is meant by that. The way this article is quoted sure doesn't sound like it's something that happened in the state of Texas.

There is a New Port Richey and a Land O' Lakes in Pasco County in Florida, I assume that this took place in Florida.

I'm sorta' concerned with the above statement, "The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense." What happened to the concept of being innocent until proven guilty? BTW, I don't drive drunk amd will report anyone I see that does.

I don’t know about every state, but the state of Texas and many others issue drivers license which are a privilege. With that privilege you signed an agreement of implied consent if requested by a peace officer to submit to a sobriety test. You lose your driving privileges for the refusal to take the test, not whether you’re guilty or not. Now, if you were stopped and requested to take a sobriety test without probable cause, you have other avenues to address this through, the courts.

[bridge]

I'm sorta' concerned with the above statement, "The refusal will result in the suspension of his/her driving privileges whether he/she is found guilty or innocent of the offense." What happened to the concept of being innocent until proven guilty? BTW, I don't drive drunk amd will report anyone I see that does.

This is one of those things that has always confused me about breathalyzer or intoxilyzer, whatever roadside tests and the resulting suspension if one refuses to consent to them. If you did blow, and it's more than .08 won't that reading be used against you? Therefore, you've just been forced/coerced to incriminate yourself by virtue of being threatened with the suspension of your license. Isn't that one of the cornerstones of our justice system, that a person cannot be forced to incriminate themselves?

Don't get me wrong, I hate drunk drivers (especially living so close to Kemah) and report them when I see them as well.

[gregthehand]

I too don't like the fact that if you don't provide evidence against yourself you lose your license. I don't like drunk driving either though. I wish there was another way to go about it. I personally think if we starte enforcing the DWI laws we have it may discourage drunks more. I know that I have seen people get caught drunk driving for the second or third time and realyl nothing happens to them.

[WildBill]

I too don't like the fact that if you don't provide evidence against yourself you lose your license.

I think that this stems from the (false) premise that "driving is a privilege, not a right". That way they can "make you" take a test that can incriminate yourself with out violating your rights.