0.00% = DUI Prosecution

Posted by Lawrence Taylor on July 4th, 2008

According to police, prosecutors and MADD those breathalyzers are deadly accurate…unless it contradicts a cop’s opinion.

Sober, and Now Outraged as Well

DUI Case Was Dropped, But Driver Wants to Sue

Bredenton, FL.  July 3  -  If there is a lucky four-digit lottery number in DUI cases, it is this: a 0.000 on the blood-alcohol breath test.

 Gary Shuchat hit quadruple zeros, but that was not enough to win his freedom after a traffic stop in May.

A Manatee County sheriff’s deputy said Shuchat failed field sobriety tests, even though Shuchat showed no obvious signs of impairment. He was not slurring words. His eyes were fine. There was no odor of alcohol.

Authorities got a urine sample from Shuchat, which came back clean a few weeks ago. No drugs. No alcohol. A state prosecutor dropped the case…

Shuchat, 54, an executive at a lumber company in Canada, will not let his arrest slide as a mere inconvenience or a story to tell about American police. He wants to sue the Sheriff’s Office, calling his arrest in Bradenton a terrifying experience…

"This was the most degrading and dehumanizing thing I have ever been through," Shuchat said. "This was crazy. I was not drunk."

Apparently, Canadians don’t fully appreciate our uniquely American "War on Drunk Driving".

(See Field Sobriety Tests: Designed for Failure? and DUI Eye Test a Fraud?)

(Thanks to David Baker)

  • koivisto

    Maybe the answer to getting rid of the guilty until proven innocent syndrome with DUI is the right to sue for false arrest if you are found innocent. It would make people think twice. I know this isn’t likely, but there needs to be some recourse.

  • David W

    Being that Satate legislators are suppose to be keeping the fundimental rights created by our constitutions at the fore front of their decision making in new legislation,,it has become apparent that they tend to lean toward organizations such as MADD and the out cry from the law enforcement community that they don’t have the tools to deal with all these criminal citizens we have running rampant in todays society (their definition to justify robbing every tax dollar we create which seems to get spent on nothing but giving them more leeway to invade ones life along with all their new little secret survellence equipment they progessivly get on a yearly basis

    I think as this trend continues, its time that all our legislators be afforded the opportunity to experience this little minor inconvenience they have given leo’s and spend a few hours in jail just get a feel for what they apparently have no clue of whats really going on, nor care unless one of their own gets caught up in their insanty.

    I would even pay for it if approached. False arrest is false arrest. False incarceration is the same. If you take a mans freedom based on your assumption and it is wrong, he is due compensation for his freedom being taken from him in a country that supposably puts that at the top of the list of protections by all courts in the belief that this was what this country was formed for thru the bllod of our forenfathers that wanted an end to the tyranny of the self rightious all knowing souls

  • standup

    Mr. Taylor, I realize we’re in Florida (Where the cops get ballsier and ballsier every day) and you’re in CA. and laws vary.
    Does this guy have grounds for a suit ? Whats the difference between false arrest and being found not guilty ? I agree with David, I’d sue his ass. But can he ?
    BTW, were you the one who said that on at least one occasion,you showed up somewhere to do a radio interview/show, only to be suprised to learn that MADD members were there as well ? (Ambushed if you will, I guess)
    And how are things with “A Trial of Generals” coming along ? – R.D.

  • David W

    Something else I found interesting in the article was the issue of the hand held breath aylizer. There is a comment that it was not utilized in this case and nobody seems to be able to explain why. To me, that seems like a rather simple question that wouldn’t take a lot of investigation to determine. The LEO either had one or he didn’t. The deputy calling in the backup deputy, who I assume was one of their expert DUI cops, most certainly would have had one.(one would think)

    But bottom line is, the fellows freedom was taken from him based on a false accusation and arrest and its time for accountability within this realm. If they are wrong, there should be consequences of some sort. As the fellow said, it was one of the most degrading experiences of his life.

  • http://www.duiblog.com Lawrence Taylor

    Standup, yes I think the gentleman has grounds, but his chances fro success in today’s DUI-sensitized political climate may be a problem in getting a verdict….”False arrest” is a civil action for arrest without sufficient probable cause; “not guilty” is a criminal verdit by a judge or jury… “A Trial of Generals” is re-scheduled to begin shooting in Australia in November (thanks for asking).

  • RichardAlan

    It was October 2nd of 2006 in Los Alamitos, California. I was invited to a memorial service of a family friends loved one who passed away.

    I show up early at the house, park in front and wait for family to show up.

    Now mind you, I’m in a brand new truck, I have a perfect driving record, and no criminal record.

    I’m a perfect model citizen.

    Twenty minutes pass and the Los Alamitos police pull up behind me. They ask for my dl. the officer comes back with my license and gives it back.

    He then ask me to step out of the vehicle has me go to the rear of my truck and has me lower the tailgate and sit down.

    With a series of “leading” questions the officer takes me down a path of no return in which I’m most certainly being detained, but not under arrest, yet I will be very soon…..

    They officer has “no probable cause” so he grabs my left arm and starts taking my pulse.

    He then accuses me of having to high of a pulse rate…???

    Now he has to notify is sergeant a “drug expert”

    Now I have a class A license at the time and was working in mobile television providing a service for the United States of America.

    I do not do drugs or drink and drive. Very busy transporting million dollar equipment
    around the US for television, ESPN, and Fox Sports/pay per view.

    So this so called drug expert shows up and determines me to be on Heroine, Meth Amphetamine, Cocaine, THC, and Alcohol.

    I’m hand cuffed and told I’m not under arrest, taken to the Los Alamitos Hospital where a blood draw is performed.

    Then I’m taken to the police department and officially placed under arrest for “Being under the influence of a controlled substance”…

    I’m in complete dis belief of what these “Keystone” cops are doing to me a private citizen, with a perfect driving record and no criminal history.

    So I blow into the gizmo machine, 0.00.0
    No Alcohol, then all the other test will follow, the FST in the police department hall way, the on off light routine to check my pupils.

    I was booked and released in 4 hours, given a ticket to appear in court. I show up for court and I’m turned away, the clerk stamps my ticket to prove I was there on that day.

    I call the Orange county D.A. to ask them what in the hell is going on. They had no answers.

    I was told that if I do not get a summons to appear that my case was dropped.

    I never got a summons to appear and my case disappeared.

    My question is to Mr. Taylor, Can I still sue them for a false arrest and harassment?

    And how is this allowed to happen to a private citizen with no criminal history or record?

    Remember a year later in September of 2007 I would be stopped and accused of a DUI in which I would invoke my 4th and 5th Amendments rights, and refuse everything, respectively based on my experience in Los Alamitos just a little over a year prior to September of 2007.

    Why are the police trying to make criminals out of honest private citizens?

  • David W


    You say you got stopped again in Sept 07. What happened in that stop? Were you arrested again?


  • RichardAlan

    Hi David,

    Yes after the above experience in 2006, I was again arrested in 2007. This time I invoked my 4th and 5th Amendment rights (refused according to the law) and my case was dismissed of all alcohol related charges.

    Go to youtube and search for a short documentary called; “No Reasonable Cause”

  • RichardAlan

    Oh yes,
    My blood was perfectly clean too!

    I’m very traumatized by these two experience’s in my 40’s, this is a devastating blow to my ability to retire, and my credit is ruined and now I have to file Bankruptcy … I worked all my life to get to this stage to finally buy my first home, have some money saved, etc,

    I have not been able to work since April 4th of 2008….. My entire life is ruined… but hey, I stood up for the United States Constitution and for all proud and patriotic Americans in this great Country…… I’m devastated, emotionally, financially and economically,

    I was not found guilty of the alleged DUI, my case was dismissed….. The DMV based solely and without DUE process and with violations of my Constitutional rights is punishing my family, friends and colleagues for a crime that I did not commit…..

    I am besides myself, completely beside myself….

  • David W

    Unbelievable, but believable there Richard. Our new form of American Justice at its best.

    As Larry has said before, our biggest threat isn’t overseas, it is within. I too had a hell of an ordeal that cost me a three year fight to regain my license over a refusal issue associated with a roadblock and a not guilty verdict in the midst of this battle. They attempted to label me as an addict that I was a major threat. I had no priors of any sort to support this conclusion. My crime was eating a nice dinner with friends and a few toasts. They demanded a full blown treatment program for me at my expense . In pursuing every legal avenue I could in regard to hearings on this presumption, they went as far as falsifing drug screen documents and inserting this in my file. Very foolish of them to attempt that as I had a wealth of documentation that blew that out of the water. Their stupidity in the way they attempted to do this was mindboggling. The biggest question which still hangs in my head is how many other people may have falsified information in files that were created due to similar difficulties. Needless to say, my license was returned shortly thereafter once I reached the right people that had a hint of sanity and common sense to evaluate my situation properly.

    They tried to starve me, no and,if buts, about it. But to me, wrong is wrong and I fought this to the end. Amazing how these people(who’s income comes from our hard work) attempt to squash anyone who uses the words “I have rights”.

    I try to keep some degree of faith within our system, but when stunts of this nature are pulled, it makes it hard to hold on to. Somewhere in time accountability has to be placed upon those that undermine the basis of our freedoms. Right now they have the upper hand and if it doesn’t change, I fear the worst for our children and their’s.

  • standup

    Jim, I guess you and your MADD goombahs think an IID would have prevented all these problems too huh ?
    Do you think MADD has any financial interest in any IID company ? Any at all ?

  • RichardAlan

    hi Dave,

    that’s terrible, unions also practice the old “starving” routine. They do this by having a 30, 60, 90 day probation they’ll work you til the 29th, 59th, and 89th day as to lay you off again and try to starve you out of the job.

    When I worked for Untied Parcel Service we had a driver that lost his job for testing positive for opiates. This guy was the best driver , on the safety committee, had safe driving awards like me. We were all mystified by this. He had a family, a home, and never been on drugs. He lost his job and filed a grievance with the Teamsters. it took him years to get his job back. Turns out his wife fed him poppy seed muffins every morning.

    He lost his job over food…? He got it all back sued everyone including the doctor who drew the blood, and retired a millionaire. Thank god for poppy seed muffins.

    I lost my union membership for the rest of this year til April 3 of next year when I supposedly get my Class A drivers license back.

    I’ll be prepared for the DMV to “play stupid” and act like they won’t give it back etc or come up with some new law, or change the rules in the middle of the game routine.

    I have it in writing from the DMV that I can get it back on April 3 2009.

    Funny though, my case was dismissed in the San Fernando Courts on April, 23 2008.

    My best friend is a Pasadena cop, he checked my DMV report two weeks ago. The DMV report said I was “Convicted of a DUI 23152 A on April 23 2008.

    This is baffling??? how can the Court rule “Case Dismissed” but the DMV acts like I was convicted of the DUI in court… It makes absolutely no sense.

    On June 19, I notified my Lawyers I said I was gonna finally go public with this information that the DMV is “Malfeasant” in it’s duty and defiantly has gone against the “Order of the Courts findings” and has also Defied the Judge’s decision in my case.

    My Lawyers contacted the court, a minute order was prepared and a Nunc pro Tunc” which means “now for then” was put in place. Basically 60 days after my case was dismissed the DMV was in violation of supporting the correct Governmental information on a private citizen.

    Here’s exactly what the court said in a “minute order to the DMV:

    Nunc Pro Tunc order prepared June 19, 2008 by A. Kaufman, Clerk. It appearing to the court that through Inadvertence and clerical error the minute order of April 23, 2008 in the above entitled action does not properly reflect the courts order. Said minute order is amended Nunc pro Tunc as of that date as follows:

    –and it goes to correct the said “Clerical error” This is laughable, there is a big difference in my plea to a non alcohol related reckless driving, then there is to a DUI, A BIG DIFFERENCE, yet for almost 60 days the DMV took it upon themselves to render there own DUI conviction completely ignoring the San Fernando Courts and the Judge himself.

    If I were the Judge I’d be very, very angry with the DMV for ignoring my court and my ruling. I’d be very angry with my clerk for allowing such an error in my court.

    I bet Mr. Taylor is really enjoying all these great comments. I hope so, I’d love to hear what he thinks about this, and I hope my case will go down in helping to stop the Tyranny of these “Civil Servants”

  • David W

    Hang in there Richard,
    All things eventually find there way home and personally am waiting for the day it happens. I will not find glee in such, but will be glad to see that those that attempt(and accomplish at times) imposing their will upon others, because they found a way to do so, will be subject to their own creation and accountability at the end. Amazing the blindness in their thinking as they think their thoughts are best, and in doing so, they are insuring total harassment for their own in the future.
    Reminds me of the Berlin WALL. Maybe they should go find a place to build a new one , get behind it, practice their beliefs and leave the rest of us alone. Problem is, their not willing to do either. If you don’t believe in their perfect world, then you have to be an enemy…

    They have no right to dictate terms of their existence as what the standard should be for all. But their interference in our Constitutional protections speaks for itself. And for a non profit organization, how is it that the directors of such good willed organizations make more money than our President?