Sober female charged with DUI after cop hits her

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(Milwaukee, WI) A 25-year-old woman was arrested and charged with driving while intoxicated after a Milwaukee County deputy rolled through a stop sign and hit her car on Feb. 20, 2013.
Tanya Weyker’s neck was broken in four places, so she couldn’t blow into a breathalyzer or perform field sobriety tests.
But a blood test came back negative for both alcohol and drugs, confirming that Weyker was completely sober at the time of the crash.
So why was she arrested?
After Deputy Sheriff Joseph Quiles hit her car, sending it spinning into a tree, deputies and police began to question her.
“One asked if I had anything to drink that night,” Weyker said. “And I told them a few sips from a friend’s drink.”
One deputy said she her breath smelled of alcohol, her speech was slurred, and her eyes looked red and glassy.
“I explained to him my eyes were red and glassy because I was crying,” she said.
They also asked about her prescription drug use.
“I just got my wisdom teeth pulled out, so they gave me Vicodin for that. I told them it was little over a week since I took the Vicodin,” Weyker said.
Andrew Mishlove, a drunk driving defense expert, said it’s questionable if deputies had cause to arrest her at all.
“She was the suspect right from the start,” he said.
Mishlove said if deputies did have cause, it was only because of the statements made by Quiles.
According to Quiles, he stopped at the stop sign and looked both ways before pulling out, but he never saw headlights, although Weyker’s Camry had automatic lights.
Two days after the crash, the Sheriff’s Office learned about surveillance video from a nearby airport that show’s Quiles’ squad car rolling through the stop sign without making a complete stop, although they didn’t share that with Weyker.
It’s been more than a year since the crash, and Quiles has not worked at all. His injury pay is exhausted, and he’s filed for permanent duty disability – although reports written at the time of the crash indicate he only suffered minor injuries and was “treated and released” at the hospital.

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