This happened some time ago, as to the significance of "blogging" but I re-read Scheffler’s posting on the Texas District and County Attorney Associations website and was again intrigued at the personal investment that he put into this matter, which comes across in so many of his DWI videos.
I completely acknowledge that the place he posted this statement was legitmate and valid and to the extent Trooper Scheffler is seeking advice and opinions on the matter, he is well within his right to do so. And, to the extent that he hopes to bring to light an issue that he deems a problem, I applaud him. But, I strongly disagree with the manner in which he broached the subject because it seems as if it was written while he was angry (presumed from the tone of his article) at the judge who denied his blood search warrant.
Simply put, the tired answer but accurate method for getting blood search warrants for circumstances like this is to lobby the legislature to see about getting the law changed… where judges "shall" on probable cause issue….It’s just like anything else, if you want the law changed, the Leg. is the best place for that to happen.
For now, that is not the law, and as such, I do not believe the judge was outside of the boundaries when the search warrant was denied, simply because the legislature did not intend to grant the power to take blood from a person suspected of a routine DWI, which I define as one in which there was not a death or serious bodily injury.
Setting aside my personal bias on this topic, another point that Scheffler raised in his entry jumps out at me:
… his refusal to cooperate with SFST’s leave (sic) me with no choice but to place him under arrest for DWI. He refused to respond so I gave him a pair of pretty silver bracelets.
Having been in this very position when I was a deputy, we all have choices. Whether you choose to arrest someone or to exercise discretion is up to the given officer. The fact that Scheffler refers to arresting someone as "[giving] him a pair of pretty silver bracelets" shows that he takes this matter personally and may not have been exercising the best professional judgment in the matter. The point that I think is important is that Scheffler did his job… he may have prevented an accident. He may have kept the person arrested from hurting someone else. Whatever happens to the case is of little importance for Scheffler, post arrest. And no, I am not representing this client.
I would love to know what if anything came of the complaint, assuming one was filed. Does anyone know… Scheffler?