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Heather Squires was arrested for DUI without drinking a drop of alcohol

Continued from page 1

Published on May 27, 2008 at 6:56pm

The next day, Jason Squires filed an Internal Affairs complaint, alleging retaliation. He and Heather say there will be a lawsuit.

The Mesa police see things a bit differently. Detective Steve Berry, a spokesman for the department, tells me that by refusing the field test, Heather Squires "forced" Gonzalez's hand.

"He had to look at the totality of the situation," Berry says. "You have a car where the other two individuals are clearly drinking. He smells alcohol. And then you have someone driving without their headlights, not willing to do field sobriety tests — he's left with few options at that point."

Berry adds that Gonzalez likely had no idea whom he was pulling over. Yes, police typically run license plates before making a traffic stop, but they're mostly checking to make sure a vehicle isn't stolen. He's skeptical that Gonzalez actually recognized Squires' name.

But as scary as it is to think that the police harassed the wife of a DUI lawyer, I think the other option is almost scarier.

And that's this: In this time of anti-DUI zeal, are police so eager to make arrests that everyone on the road at night is presumed to be a drunk driver?

It's interesting to read the affidavit that Officer Gonzalez wrote that night about Heather Squires, intending to ask the Motor Vehicles Division of ADOT to yank her license. (He never mailed it — possibly because of the blood-test results.)

It describes "bloodshot and watery eyes."

"Flushed face."

"Strong odor of an alcoholic beverage emitting from breath."

All this on a woman who was sober.

Anyone at that scene should have noticed that Heather Squires didn't smell of alcohol, that her eyes weren't bloodshot, that her face wasn't flushed. She wasn't, after all, drunk.

But that's not what they wanted to see.

There's no one who understands that better than Jason Squires.

Two months ago, when Squires questioned Officer Gonzalez in court for that extreme DUI arrest he'd made, Gonzalez admitted that he'd pull people over at night for things he'd never bust them for during the day. And when a juror asked if he had a quota, Gonzalez replied that he liked to arrest three people per night.

So what if some of them are sober, right?

One month after her arrest, Heather Squires is still nervous behind the wheel.

"Particularly when I'm in Mesa," she admits. "Like, I would not want to call them in an emergency — the people you think are there to help you and assist you are not." Even knowing that she was sober, she says, she agonized over whether the charges would be dismissed.

Keep in mind, this is coming from a woman whose husband handles DUI cases for a living. Most of us would have been on our own.

Honestly, I don't want to believe that Officer Gonzalez sought out the lawyer who beat him in court — and then penalized his wife when she'd done nothing wrong.

But a rogue cop is almost preferable to a system that's stacked against motorists who want nothing more than to get home at night. Those people might not be as sober as Heather Squires proved to be, but after one or two drinks, I'm willing to bet that they don't have bloodshot eyes or reek of booze. You're still going to read that in the police report.

That's how the system works these days.

"We have to fight this," Jason Squires tell me, "for all the people out there who can't."

It's going to be a lonely fight in this teetotaler's paradise. But if nothing else, I bet he's got the Mesa PD's attention.

Drive carefully, Jason.

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