SAN ANTONIO – “This is the most unusual walk and turn test I’ve ever seen in 20 years.” DWI attorney Joseph Hoelscher said.
Hoelscher is talking about a sobriety test in some of the body cam footage of Councilwoman Ivalise Meza Gonzalez, seen above. She was pulled over for an alleged DWI about a month ago.
“Once an officer commences a DWI stop in Texas, they are trained to arrest that person unless they can prove that person is sober,” Hoelscher said.
Hoelscher is first alarmed with the walk and turn.
The councilwoman is asked to take nine steps; she took 22. He says she may not have understood the test.
“I’ve never seen somebody extend the test to twice its normal length without stumbling,” Hoelscher said.
There’s also an eye test performed.
The officer conducting it is checking for signs of intoxication.
She’s asked to follow a light with her eye.
Hoelscher thinks the test may be invalid.
“So even though the flashing lights from the cruisers were behind her and outside of her field of view, they would have reflected off the back of her vehicle. and those flashing lights can cause a false positive,” Hoelscher said.
A breathalyzer test is apparently not performed.
An officer reportedly took the steps for a blood draw.
Those results should come in about a month.
“I mean, the blood analysis, when it’s done correctly, is very accurate and reliable, but sometimes it’s not performed correctly. And of course, the blood could come back, and she might be under the legal limit,” Hoelscher said.
If Gonzalez is convicted of a DWI, then she would be facing up to 6 months in jail and a $2000 fine.