Attorney: DPS won't suspend Foster's license after DWI arrest

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by KVUE.com

kvue.com

Posted on February 26, 2014 at 11:26 AM

Updated Wednesday, Feb 26 at 4:18 PM

WILLIAMSON COUNTY, Texas -- According to the attorney for Williamson County sheriff's deputy John Foster, the Department of Public Safety has decided not to go forward with a hearing to try and suspend Foster’s driver license following his arrest for DWI last June.

A trooper pulled over Foster, who was the spokesman for the sheriff's office, after a 911 caller reported someone running red lights, speeding and swerving into on-coming traffic.

According to a press release from attorney Eve Schatelowitz Alcantar, "the Administrative License Revocation (“ALR”) hearing is the civil portion of the case overseen and prosecuted by DPS. DPS has decided not to pursue so that, 'justice may be served and disposition of this matter expedited.'"

“Clearly, DPS has been able to assess the merits of their case, or lack thereof, and has decided it would be wise to dismiss the case in the interest of justice,” said Alcantar. “In 10 years of practice, I have never once had DPS file to non-suit an ALR case. Obviously, this is something that only happens under very special circumstances.”

However DPS responded to the Alcantar's press release Wednesday afternoon saying:

The allegations made by the defendant’s attorney in this case regarding the Texas Department of Public Safety (DPS) and Trooper Stuart are completely unsubstantiated, and they certainly do not represent the position of DPS.

The facts of the case will be adjudicated in the appropriate forum – through the justice system; not a press release.

Because an active criminal case is still pending, it is not appropriate for DPS to provide additional comment.

Foster still faces criminal charges at this time for DWI. Alcantar is challenging those charges.

KVUE Defender Tony Plohetski reported earlier this month that Alcantar claims Foster's arresting officer lied under oath. She alleges that trooper Joseph Stuart lied about how he administered the breathalyzer exam and how much time he observed Foster in a holding cell. And because she questions the accuracy of the breath test, she wanted the DWI charges against Foster dropped.

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