Question.... Are all guidelines and procedures the same in every police department in the state of Texas or can they vary from city to city? For example, a person is arrested for DWI in Texas primarily for refusing a breathalizer test and upon arrest they tell the officer that they don't have their license on them but they know their TX DL # and proceed to tell the officer their name, DOB and TX DL#. The person is arrested and signs all paperwork pertaining to DWI arrest.
All the while the name and info that the arrested person gave was not his own but his brothers. Two hours later the arrested person confesses to law enforcement that he gave his brothers name and info upon arrest. The arresting officer fills out a new report and has the arrested person sign all paperwork pertaining to DWI arrest in correct name.
6 weeks later the brothers name that was falsley used during arrest gets a notice from Texas Dept of Public Safety stating that his license has been suspended for refusal to give breathalizer test when under suspicion of DWI. In addition, arrested person receives same notice from Texas Dept Public Safety. So... Both people had their DL suspended.
Attorney is immediately hired and has city police dept contact Austin to rescind the order of suspension on the brother. Brother's license is reinstated.
When city police personnel are questioned by brother as to why this occurred when police knew the arrested person's true identity two hours after he was arrested under false name they say that they don't know. Brother is persistent and questions this several times to police who only talk in circles. Finally, brother speaks with Sgt that is over records dept who tells him that the police did not send the false info to Texas DPS in error because they are required to send all forms and info (valid or falsified) to Texas Dept Public Safety on all DWI arrests. In addition, Sgt. over records at city police dept states that Texas DPS personnel must have misunderstood the paperwork that they received and in turn suspended both the brother and the arrested person's DL.
Is what the Sgt said true.... Is the police dept required to send both the falsified form and the correct form to Texas Dept of Public Safety on all DWI arrests?
Why would they be required to send in a form that is false and not even valid? Seems very unlikely.
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