Randy Babbitt, the former head of the Federal Aviation Administration (FAA), has cleared his name after a Virginia judge dismissed a DWI charge that led to Babbitt’s departure from the agency.
The 65-year-old Babbitt resigned from his post this December after he was arrested for allegedly driving on the wrong side of the road while intoxicated, according to a recent report from Reuters.
Sources say that police administered an alcohol breath test for Babbitt at the scene, but they initially refused to publicly release the results of the breath test. It appears police had a good reason for keeping the results quiet.
Apparently, Babbitt’s initial breath test revealed a blood alcohol level of .07, which is just below the legal limit. After the first test, the police then administered a second test, which showed a reading of .08.
However, according to Babbitt’s attorney, in Virginia police are not allowed to engage in such tactics. In addition to the flubbed breath test, the police reportedly made other errors.
Sources indicate that the arresting officer’s report of the incident said that Babbitt was driving on the wrong side of the road. But video footage of the incident reportedly shows Babbitt making a legal left turn into a parking lot.
On this evidence alone, the judge for Babbitt’s case decided to dismiss the DWI charge after determining that the arresting officer did not have a legitimate reason to pull the man over. The judge criticized the officer for simply acting on a “hunch” that Babbitt was driving while intoxicated.
The case was dismissed so quickly that the state’s prosecutors were not even given a chance to present their case, according to sources.
Randy Babbitt, to his credit, handled the dismissal of his claim and the actions of the police officer with plenty of class. After the dismissal, Babbitt told reporters that the police officer was “acting in good faith,” which suggests that he does not harbor a grudge against the man who caused him to lose his job.
The dismissal of Babbitt’s DWI provides a strong example of the potential merits of challenging an alcohol breath test after a DWI arrest. In addition, it also reveals the value of obtaining police footage of DWI arrests.
After an arrest for drunk driving, many people are concerned that they won’t be able to fight the charges. This, however, couldn’t be further from the truth.
A number of different errors can be made during the DUI process, and a DUI attorney may help alleged drunk drivers challenge several aspects of their arrests.
