DWI suspect released, law bound judge from signing warrant

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by KVUE News

kvue.com

Posted on September 11, 2013 at 10:29 PM

Updated Thursday, Sep 12 at 11:16 AM

SAN MARCOS, Texas -- San Marcos police say a suspected drunk driver was given a ride home instead of charges during the city's first no refusal weekend because the judge wasn't allowed to sign a warrant for a friend.

Attorney Kyle Maysel has a  previous DWI arrest from 2008.

San Marcos police tell KVUE News that Maysel crashed his car this Labor Day Weekend in downtown San Marcos on West Hopkins near Comanche.

San Marcos officers took Maysel to jail, but when they got there the presiding judge, Bill Henry, couldn't sign a search warrant to take his blood.

Maysel and Henry had been together earlier that evening. Police say because they're friends, by law, the judge wasn't allowed to sign the warrant.

Police say Maysel refused a breath test.

Chief Williams says the department is now reviewing its procedures in hopes of preventing a similar situation in the future.
     
 

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