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In Texas City several weeks ago a 12-year-old girl went to the school nurse because she didn't feel well. The nurse suspected intoxication with an unknown substance. The nurse called an on-campus LEO who agreed that the girl was intoxicated.

The school suspended the girl for three days and sent her to alternative school.

The girl's mother had blood and urine tests for drugs and alcohol conducted the same day. The tests were negative. School authorities maintain that the tests were not exhaustive and stand by their decision.

The girl was later diagnosed with migraine headaches.

http://galvestondailynews.com/story/218002" onclick="window.open(this.href);return false;

Hey, at least the kid wasn't arrested, shackled, or tased. She just gets to spend the rest of the school year with juvenile felons and gang members.

- Jim

Thank goodness the mom was proactive and took her to UTMB. I hope a lawyer that needs some pro bono work helps them out.

“Our school nurse is an RN. Her nursing education and ongoing professional development regarding problems with drug use in school-age students qualifies her to be able to determine if someone is under the influence of a drug, including prescription drugs,” school district spokeswoman Melissa Tortorici said.”

... and the doctors at UTMB have medical degrees and toxicology screens to back up their diagnosis.

Thomas wrote:Thank goodness the mom was proactive and took her to UTMB. I hope a lawyer that needs some pro bono work helps them out.

On this one I really do hope that they sue the pants off of the school. I don't think that this one will be pro bono. They really ought to pay for this travesty.

School nurses...

seamusTX wrote: Hey, at least the kid wasn't arrested, shackled, or tased. She just gets to spend the rest of the school year with juvenile felons and gang members.

- Jim

Not quite -- according to the article, "She also faces a court date for the citation she was given by the deputy where she’s been charged with being under the influence."

Pathetic.

ELB wrote:

seamusTX wrote: Hey, at least the kid wasn't arrested, shackled, or tased. She just gets to spend the rest of the school year with juvenile felons and gang members.- Jim

Not quite -- according to the article, "She also faces a court date for the citation she was given by the deputy where she’s been charged with being under the influence."

Pathetic.

Hopefully, that will give her attorney even more "ammunition" for a lawsuit. Maybe a lawsuit will knock some sense into these bureaucratic weenies.

the officer didn't perform a breathalyzer-type thing? woulda seemed appropriate, given the circumstances.
a blood test later is fine, but perhaps the ETOH has metabolized by the time it was performed, I dunno what the time line is.

seems strange that a high schooler who *knew* she was drunk would go to the nurse seeking help. I have a hard time believing that.

I don't know the timeline for the blood draw either. Alcohol takes something like eight hours to metabolize. We're not talking about proving DWI here. Any detectable amount of alcohol is illegal for a minor.

The school is implying that the girl was under the influence of some obscure drug or substance like LSD (which is very hard to detect).

I don't see that proof beyond a reasonable doubt exists for a PI conviction, besides which it is an absurd illustration of "zero tolerance."

Hopefully Anthony Griffin will pick up the case. He is a civil right attorney certified to argue in the U.S. Supreme Court. He should be able to hand TCISD their butts in a bucket.

I knew of kids getting drunk in middle school years. The cops just brought them home, and the parents beat the snot out of them.

- Jim

I had almost the same thing happen to my son, however he had been drinking and was caught passing a note to a friend saying he was drinking. I asked the LEO about a breathalyzer he said he did not have to give one he can right a ticket off observations. So long story short kid got a ticket and went to a bad boy scholl for 30-45 days.

seamusTX wrote:I don't know the timeline for the blood draw either. Alcohol takes something like eight hours to metabolize. We're not talking about proving DWI here. Any detectable amount of alcohol is illegal for a minor.

Well, there goes the NyQuil.

I hope everyone is aware that Nyquil and generic versions of it contain enough alcohol to make some people intoxicated, and definitely to make a minor "under the influence." Kids sometimes get high on it (along with shoplifting it).

The Texas City school district backed down on the suspension and alternative school and will remove the incident from the girl's record.

The PI citation still stands until the court date.

http://galvestondailynews.com/story/218202" onclick="window.open(this.href);return false;

- Jim

With blood and urine tests which are negative and a doctor's opinion that the girl's condition was migranes, won't it be pretty hard to prosecute PI charges? It would seem that they could put the LEO on the stand and have testimony about what was observed but I would think that a good defense attorney would be able to quickly overcome that - observation versus medical tests.

I cannot imagine why a DA's office would not drop the case, once the school district dropped their disciplinary action.

Prosecutors sometimes develop a weird (to me) attitude that once charges are brought they must be pursued.

However, as I said above, I just can't see proof beyond a reasonable doubt; and it's a juvenile case that is essentially nonsense anyway.

The county DA has no reason to carry water for TCISD, either.

- Jim

TxKimberMan wrote:School nurses...

Are NOT Doctors or Laboratory Technicians who are properly trained in Diagnosis and running tests for drugs/alcohol, respectively.

If they won't back off, rip them some new ones.

Sounds a lot like this story

http://www.inquisitr.com/84496/texas-te ... ds-murder/