Posted On: May 31, 2008 by Bobby G. Frederick

DUI attorney's wife arrested

How to get busted for DUI - marry a DUI lawyer. The Phoenix New Times reports that Heather Squires, the wife of an Arizona DUI attorney, was arrested and charged with DUI despite not having had a drop of alcohol. She was given the breathalyzer at the station, which registered a 0.00.

Coincidentally, the officer, Bond Gonzales, had recently lost a DUI trial to Heather's husband Jason Squires. Heather was driving Jason's truck, which was registered in Jason's name, and Jason was with her in the truck. Heather was almost immediately handcuffed when she stepped out of the truck. Gonzales never asked how much she'd had to drink. Although Bond carried a portable breath test, he never administered it.

Heather did not have a drop to drink, and registered a 0.00 on the breathalyzer, yet the officer's report states that she had "bloodshot and watery eyes," a "flushed face," and a "strong odor of alcoholic beverage emitting from breath."

The government has resorted to prosecuting defense attorneys, forcing their disqualification from cases, even having them disbarred from practice. Going after their families is a new low.

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Comments

As a civilian who has observed the Mesa Arizona Police Department, where this incident took place, on many occasions during the testing and processing of DUI arrests, as well as many other police departments in Arizona and other states, I have to say that in every case I have observed they tough, follow the law to the letter,but are fair. That said, the Mesa PD will arrest and bring in for further testing, anyone who refuses field sobriety tests, no matter what is the reason for the refusal. Sometimes they will release the vehicle to another sober driver who is present,(that other driver will have to pass a field sobriety test given on the spot) otherwise the velhile will be towed. I believe if the lady had consented to and passed field sobriety tests she would have been released with an apology.

I have concerns still - why then was she not released with an apology after blowing 0.00 on the breathalyzer?

Is it the Mesa PD's policy to cuff people as they step out of their vehicles?

Another concern is a policy of arresting people for refusing FST's, which we have every right to refuse. Our local police will also arrest a person if they refuse the FST. Without additional sufficient evidence of intoxication this amounts to punishing a citizen for exercising his or her 5th Amendment right not to give evidence against themselves. In S.C. the right to refuse FST's is statutory as well as constitutional, and Miranda must be read before FST's are administered.

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