Records obtained by the Tolbert Report from the Rogers Police Department under a Freedom of Information request show that the Democratic Candidate for the Second Congressional District was arrested and charged with Driving While Intoxicated on July 5, 2010.
Herbert Rule, who is challenging Cong. Tim Griffin, was previously arrested and charged with the Omnibus DWI Act, Driving on Suspended or Revoked DL – DWI, and Refusal To Submit To a Chemical Test.
According to his report, Rogers Officer Yager pulled over Rule in his 1999 Lexus after observing him turning back on Pinnacle Hills Parkway to get on Interstate 540 in what he believed was an effort to avoid passing his patrol car. Rule then merged to the far inside lane almost hitting another vehicle at which time he was pulled over.
The report shows Rule acting in a way to avoid responding to the officer’s questions, refusing to take a field sobriety test and ultimately being taken into custody. At the police station, Rule appears to continue to avoid complying – at first agr
eeing and then refusing – to take a “BAC Datamaster” test as he said he “was not given the opportunity to consult his attorney.”
Ultimately, he was released to Mary Sue Price, who was with him when he was pulled over.
The district court confirmed that the prosecutor took the charges to trial, but Judge Brad Karren found him not guilty. The district court does not keep a court transcript, so it is difficult to know what was argued at trial.
Read the report for yourself, but Rule certainly comes off as a lawyer who knows how to get out of a DWI.
Some questions remain, such as the charge of “Driving on Suspended or Revoked DL – DWI.” Does this mean he has had previous DWI's? How did he get found not guilty if he refused to submit to a blood alcohol test?
I contacted Rule for response to the report, but did not hear back from him after more than 12 hours. When he responds, I'll update this post to reflect his comments.
UPDATE: Herb Rule did call me back late morning and said he felt the story was inaccurate, but he declined to specify which parts were inaccurate.
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