Meet Hector Ortiz. He's a detective from the Merced, CA Police Department. I wonder whether he is really intelligent enough to be a detective. Not because of the DUI. That's a substance abuse issue rather than a matter of intelligence. Lots of cops are alcoholics, smokers, and, yes, drug addicts.
But Ortiz doesn't seem to learn when it comes to giving a breath sample. Back in January he was cited for DUI and gave a breath sample that registered 0.14 - almost double the legal limit. He was convicted for that DUI, fined $1,750, sentenced to 36 months informal probation, and required to complete a program for DUI offenders.
Last week he was arrested again for DUI. Incredibly, he gave a breath sample again. Most cops, prosecutors, judges and politicians who are arrested for DUI refuse to give a breath sample. They know that the "magical box" known as the breath alcohol testing machine will spit out a number that may or may not be good for them. That number may or may not be accurate, but it can certainly get you convicted and locked up in jail. But without a number, it can be very hard for the prosecution to even show probable cause for an arrest.
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