To begin, I must say that I have not seen the video and cannot provide concrete evidence that the decision by Williamson County Attorney Jana Duty to dismiss the DWI charge against State Representative Mike Krusee was in error or showed bias, but it sure raises the question because I cannot recall a single time that a DWI for one of my clients or any other defense attorneys that I know were just outright dismissed. Legally, the charges could be refiled, but will they, most likely not….
Now, it has happened that cases have been dismissed "with counseling up front" but the far more common practice is to reduce the charge to some other misdemeanor, usually Obstructing a Highway or sometimes Reckless Driving….
So, KVUE news has an excerpt of the DWI video showing Krusee’s arrest. But this alone is not enough to make a decision of whether or not the case should go forward.
Obviously, Corporal Michael Scheffler saw enough to develop probable cause to arrest the State Representative…
If anyone else knows more about what is going on, please let me know. I’m really curious to see how good this video must have been to allow a DWI defendant to obtain an outright dismissal!