I have reported in the past that whenever a Judge or a police officer is arrested, they always refuse breath tests (and here).  But when an average Joe is arrested, they will often submit.

Well, it looks like one judge was able to take it a step further and get his case dismissed.  In a recent article, "Texas judge’s DWI charge dropped," the Houston Chronicle reports that that the Judge had his case dismissed after a special prosecutor was appointed on the case. 

Naturally, following his arrest, "He refused to take a breath test."

I reported in the past here and here, about CMI, the manufacturer of the Intoxilyzer’s reluctance to tell the world how their machines determine and calculate the alcohol concentration in someone’s breath.  This calculation, of course, has the power of making someone a convicted criminal for the rest of their lives, and putting them in jail or prison.

In a brand new published opnion in Kentucky, the Court ruled that CMI must turn over the code.  The original court quashed the defense’s subpoena requesting the information.

Below is the opinion of the Court:

In yet another showing of solidarity, a recent Dallas Civil Court Judge refused to take a breath test after being arrested for suspicion of DWI.  His answer to the officer was "not until I get some water and insulin".  Do you think the officer obliged, or just charged him with DWI?

This is just one of a long line of people who know the system, and refuse to take a breath test on the State’s often faulty machine.  You can read about other Judges refusing breath tests HERE.  Along with judges, the police refuse breath tests as well.  Along those lines, Mark Bennett has been blogging about what the Police know that you don’t know (not even talking to the police during their investigations).

Dallas civil court judge arrested on suspicion of DWI