Milwaukee, WI- If getting hit by a patrol car and suffering a broken neck wasn’t bad enough for a Milwaukee woman, cops decided she should be charged with DUI, even though she was sober. This is another tale of a police officer abusing their power to cover up their own negligence.
Tanya Weyker’s nightmare began in February of 2013 when she was struck by a Milwaukee County Sheriff’s Deputy Joseph Quiles after her ran a stop sign near the General Mitchell International Airport. She was hit with such force the she broke her neck in four places and as she told Fox 6, “It was a miracle I wasn’t paralyzed.”
While the badly injured now 25 year-old was sitting in her car, police began to question her about the accident which Deputy Quiles blamed on her. She was asked whether she had been drinking or taken prescription drugs as first responders were working on her.
The police report said the Weyker showed the tell-tale signs of intoxication, slurred speech and red-glassy eyes, which could be explained by the fact that she was crying after the accident. Although she admitted to having a few sips of a friend’s drink earlier in the evening, she was not intoxicated.
Wyker was too injured to submit to field sobriety tests or do a breath test, but police arrested and charged her with several counts including driving under the influence causing injury.
In his report, Quiles stated that he came to a complete stop at the stop sign and looked both ways before proceeding. He claims he saw no headlights—Weyker was driving a car where the headlights come on automatically—and placed fault on the injured girl.
Video surveillance footage showed that Quiles coasted through the stop sign and never came to a complete stop. According to Fox 6, police saw the video footage just five days after the accident
“If Deputy Quiles hadn’t essentially blamed the accident on her, they never would’ve drawn her blood. They never would’ve arrested her,” Andrew Mishlove, a drunk driving defense expert, told Fox 6.
When those blood test results came back; they came back negative. She had nothing in her system so the DA decided to drop the charges, but it took them months to drop the charges and they never even informed her. Even worse, the Milwaukee Sherriff’s Department kept sending Weyker letters demanding she pay for damages to the patrol car.
In taped interview with investigators, Quiles admits that he didn’t come to a complete stop, but the fact that he caused the accident hasn’t stopped him from drawing disability.
Weyker is still waiting for the police to pay her medical bills and she has since filed a lawsuit against the deputy who arrested her.
Wrongful DUI arrests happen more than one would think. Police can make a drunken driving arrest on assumptions alone as Weyker’s arrest shows. Fighting a DUI conviction is possible when the accused calls on a DUI attorney to help them with their defense.