AUSTIN (KXAN) – Drunk driving charges against Williamson County spokesman John Foster should be dropped because the arresting state trooper lied about his observations of Foster at the police station and did not follow protocol in determining whether Foster was too drunk to drive, Foster’s lawyer said Wednesday.
During the pre-trial hearing on Jan. 17, Trooper Joseph Stuart testified that he or another certified intoxilyzer operator watched Foster at the Williamson County Jail in an intoxilyzer room and monitored him through a window, as required.
But Eve Shatelowitz, Foster’s attorney, said in an a tour of that particular area showed the window was covered, preventing such observation, and also said there was no certified intoxilyzer operator on duty at the time Stuart said they watched Foster.
Further more, Shatelowitz said Stuart didn’t wait the required 15 minutes before administering a breath test. She said Stuart only waited eight minutes.
Stuart said he and another trooper, Nathaniel Head, pulled Foster over suspecting him of driving while intoxicated on June 29, 2013. Shatelowitz said Stuart then pulled his weapon on Foster and had him go through a field sobriety test. When Foster got back in his car Stuart turned off his microphone to consult with Head, and then turned it back on, and is heard saying, “They [the clues] weren’t, like, solid clues.”
Foster was on paid administrative leave after his arrest, until Williamson County recently changed that to unpaid administrative leave. He is still considered an employee.