Talking your way out of an arrest?

Posted on Apr 04, 2014

The City of McAllen, Texas is facing a lawsuit based on an officer's failure to arrest a drunk driver. The driver - Zulai Zamore had left a bar, approximately one hour before crashing into a motorcycle. She didn't make it before being pulled over by a local officer. She had pulled into a convenience store, and the officer directed her to go to a parking lot across the street - which should have set off alarms. Not wanting to get arrested however, she followed instructions.

Video from the convenience shows the woman's car was parked a few feet away from the officer's car, where she statyed for approximately. She then was allowed to leave, and subsequently ran into the motorcyle, killing the rider. This time she was taken into custody, and tests showed her alcohol level was almost twice the legal limit.

According to Zamora, she asked for a ride home while they were in the parking lot. While the officer didn't take her home, he did ask for her number. I'm guessing he never had a chance to use it.

This information comes from a lawsuit, so it remains to be seen whether it's true. Even if there is no proof of what they talked about, directing an intoxicated person to drive across the street should raise questions. Talking with her for fifteen minutes before letting her go is also going to be hard to explain. Not to mention the fact that he surely should have known she was intoxicated.

Ms. Zamora isn't the first female who successfully talked herself out of getting arrested. Unfortunately, this wasn't a simple traffic ticket; and the consequences were disastrous. If I was the City and their insurance company I would definitely be worried.

Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 30 years.