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Why Did This Sober Driver Get Arrested for DWI?

 

Tanya Weyker

Tanya Weyker suffered a broken neck in the crash, but was arrested for drunk driving. (credit: FOX 6)

MILWAUKEE, Wis. (WGNO) - Her criminal history is flawless.  She never got so much as a speeding ticket until the night a Milwaukee County Sheriff’s Deputy rolled through a stop sign and caused a violent crash.

The victim, 25-year-old Tanya Weyker was placed under arrested, accused of driving drunk.  Those charges hung over her head for nearly a year, even long after blood tests proved she was perfectly sober.

It all began on February 20th, 2013.  Milwaukee County Deputy Sheriff Joseph Quiles pulled out onto Howell Avenue to make his rounds when he T-boned a passing car and sent it spinning into a tree.

Weyker was the driver of that car. The crash broke her neck in four places nearly paralyzing her.

But despite her injuries, Weyker remembers everything clearly.  She told FOX 6 Investigation she was a suspect from the beginning.

 

 

“One asked if I had anything to drink that night,” she said. “And I told them a few sips from a friend’s drink.”

Another deputy noted her eyes looked red and glassy.

“I explained to him my eyes were red and glassy because I was crying,” Weyker said.

And when asked about her use of prescription drugs, she told the truth.

“I just got my wisdom teeth pulled out, so they gave me Vicodin for that. I told them it was little over a week since I took the Vicodin,” Weyker told the TV station. “They made me into this criminal.”

Upon hearing the news that her daughter was in a car accident, Grace Weyker raced to the hospital to find deputies standing guard.

“She was in traction and just sitting there. She was crying and said they accused her, they arrested her and accused her of something she didn’t do,” she said.

The arrest is surprising because there was virtually no evidence Weyker was drunk.  She was hurt so badly, she couldn’t blow into a breathalyzer or preform a field sobriety test.

Drunk driving defense expert Andrew Mishlove told FOX 6 the only reason deputies could arrest Tanya was because of statements made by the deputy involved in the crash.

“If Deputy Quiles hadn’t essentially blamed the accident on her,” Mishlove argues,” they never would’ve drawn her blood. They never would’ve arrested her.”

In his official report, Deputy Quiles wrote that he stopped at the stop sign and looked both ways before pulling out.  He told a Milwaukee police officer that he never saw any headlights, even though Weyker’s Camry had lights that come on automatically.

The truth might never have surfaced it not for video from a nearby airport surveillance camera.

Read more from FOX 6 here: http://bit.ly/1lHdGv1