BEWARE, ALL GOOD CITIZENS....
When my husband Furly and I go out for drinks, we are VERY careful with our consumption. Friday night, Furly played a show with his one-man band in San Antonio. I was in the mood to party, so Furly agreed to be the driver. We arrived at the party around 8:15 and had our first beers. Around 12:30 we left the party (four hours later). I had enjoyed seven beers and shot of whisky to Furly's 3 beers, so of course, Furly took the wheel. I have worked in the bar industry for 6 and a half years now, and know from my official TABC training that 3 beers over the course of four hours is not enough to make even a slight adult male intoxicated under Texas law.
I'll admit that Furly probably was speedig a little, but another driver had passed us on the left moments before the DPS officer pulled him over, and we had mostly stayed with the flow of traffic as far as I could tell.
Officer KOSMALSKI aked why we were driving so fast. Furly replied, "sorry, lead foot I guess." Then, "Have you been drinking?" "About three beers," Furly says, "in like three hours, "says I. "Step out of the vehicle..."
So I'm waiting in the car while Officer KOSMALSKI shines a light in Furly's eyes for at least 2 minutes, maybe three or more. He swings the flashight across the pavement, and Furly swoons a little. Now he's being handcuffed and taken to jail. Officer KOSMALSKI comes to talk to me now. He tells me my husband is being arrested for DWI. I protest that it is not possible that he is intoxicated.
Officer KOSMALKSI is SMILING at me now. "Well, he refused to take some of our tests." Now he tells me that he wants me to take a breathalizer to see if I can drive home. I had already explained that I had more than twice as much to drink as Furly and that he was my designated driver because I did not feel safe driving. He SMILES some more..."I really don't want to have to impound your car," and I know that I can't walk to COMAL county from my house, and so does officer KOSMALSKI, so I stare into his cold and evil blue eyes (which literally haunt my nightmares now). I ask if we are being recorded and he says we are and "promises" me he won't take me to jail, (and i still think he was lying.)
I tell him I won't pass, but I do it anyways, because I'm scared and stuck.....
AND I PASS THE BREATHALIZER AND THEY TELL ME TO DRIVE HOME, BECAUSE THEY ARE TAKING MY DESIGNATED DRIVER TO JAIL!
I ask Officer KOSMALSKI to please explain to me what made him decide my husband was intoxicated in the first place. He SMILES and says, "I don't have to explain that to you, ma'am." I start reeling and I say I don't understand how they can take him to jail when he was the "sober" one, and what are his reasons. Still SMILING, officer KOSMALSKI says, "I'm very busy ma'am, I don't have time to talk to you." All I had left was, "I'll take up your time in court."
I know this is long, but thankyou for reading it. There's really even more ofthe story I could vent to you, but honestly it makes me so exhausted with fear and anger that I have to stop now.
But the moral seems to be, BE CAREFUL OUT THERE, BECAUSE THE LAW CAN AND WILL PUNISH YOU JUST FOR STANDING UP FOR YOUR RIGHTS, AND NO ONE IS INNOCENT UNTIL PROVEN GUILTY. IN THE LAW'S EYES, GUILTY=$, SO WE ARE ALL GUILTY UNTIL PROVEN INNOCENT.