Woman accused of driving drunk refuses sobriety test

Norwalk resident pulled over at 2:12 a.m.
Norwalk Reflector Staff
Apr 1, 2014

A Norwalk woman accused of drunk driving refused a sobriety test during a traffic stop by the state Highway Patrol.

Kathleen A. Holtz, 50, of 20 James St., was charged with driving under the influence in connection with the stop at 2:12 a.m. Sunday. Trooper Eddie Lopez warned her about not having a license plate light when he stopped her on Linwood Avenue near Summit Street in Norwalk.

Comments

somescrewyname

How can she be charged if they don't know if she has been drinking?
Symptoms of diabetes may make a person appear drunk or intoxicated.
Signs and Symptoms of Diabetes:
The smell of acetone on the person's breath
A distinctive fruity odor on the breath (Police Officers often mistake the smell as alcohol during a field sobriety tests)
Dizzy, has trouble keeping balance
Altered states of consciousness
Arousal such as hostility or mania.
Also ALZHEIMER'S could be a reason for appearing drunk. More proof is needed than to just say they appear drunk.

shananaginz

She is being charged because she refused to take the breath test. That has always been the law, you refuse, you automatically lose your license and charged. It's very simple, if she wasn't drinking, she wouldn't have a problem taking the test.

youvegotobekiddingme

It says she refused the "sobriety test" not the breathalyzer. You are not required by law to take the roadside sobriety test (for you will automatically fail, sober or drunk), or the portable breath test. You are required to take the breathalyzer at the station/post or you automatically lose your license for a year.

earlduck

the good ol license plate trick works every time

citizen4change

that license plate light trick is BS. Just an excuse for big brother to pull anyone over. All they have to do is say hey your light wasn't working. Then if you get out and take a look for yourself and it's working all they gotta say is well it WASN'T working and thats why i'm pulling you over.

somescrewyname

That happen to my grandson, he was posting something about it on facebook yesterday

NWalk99

Although people should not drink and drive, that is how police officers of Norwalk become detectives. The more OWI/DUI tickets they write, they improve their chances of being promoted. Since there is really nothing else happening in Norwalk, so their performance is measured off drunk driving arrests. With this, they will stop at nothing to catch you, so they can climb the corporate ladder.....My advice - take a cab or walk if you do not have a sober ride. (public intoxication is cheaper than a OWI/DUI)

mcgoff01

Take it to court, similar situation, ask for dash cam video showing it out. My wife did and case dismissed, and she was not drinking.

americanlife

She was given the walk and turn test and passed then told if she refuses the breathalizer, it's not counted against her. First time pulled over and driving home a friend who couldn't drive - state patrol followed her from leaving a local bar and just looked for a reason. I hope she gets this dismissed, unfortunately forced to spend $$ on an attorney and name put in the paper in it's own section. No one should drink and drive but it seems if you spend your time in downtown Norwalk and have one drink, get a cab or get a ride, or it seems, get pulled over for no real reason except meeting a financial quota.

shananaginz

All of you wouldn't be complaining about the stop if she wouldn't have been stopped and killed someone you know. You people are all ridiculous. Law enforcement can never do anything right. If they do pull her over, you complain about how they pulled, and if they didn't pull her over and she killed someone, you would be complaining that they don't traffic DUI's enough.

somescrewyname

@shananaginz, your wrong, I don't think we are complaining, I take it as we are all questioning it, My Grandson just got home from drills, he is in the reserves and the cop stop him and said your license plate light is out, he gets out of the car goes around to look and Wa La by magic the light is working.All I'm saying is there can be other reasons why a person may appear to be drunk, and one of the symptoms is being hostile. with out a test to see if indeed it's alcohol, how do they know for sure. now the article is not mentioning a lot, like did they take her to jail,And I quote"A Norwalk woman accused of drunk driving refused a sobriety test during a traffic stop by the state Highway Patrol." No Kathleen A. Holtz was taken to jail over drunk driving, Just she was accused of it.Now my grandson posted it on the 31st of March on his facebook about the light supposedly being out and getting stopped , and this article come out on the first of April, Hmmmmmmm

shananaginz

So your grandson asked the state patrol police office if he can get out of his vehicle and check and see if his license plate light is out? I highly doubt that. My main question is WHY DID SHE REFUSE THE BREATH TEST???!!!! If any normal thinking person has not been drinking, they would say, heck yes let me take that test and I will prove to you that I have not been drinking. This is very simple, she didn't take the test because she had been drinking and she was caught with her hand in the cookie jar. If you refuse a sobriety test you will be taken to jail. They don't just say, Oh you refuse to take this test, ok, then you can go. No, If they think you are under the influence, and you refuse a test, you get taken to jail. Period.

If you get anything out of this, my question is, why did she refuse the test in the first place? And what time did she get stopped? 2:30 am? Who here HONESTLY believes she wasn't under the influence. Come on people.

somescrewyname

And Yes they let him out to look,also.......... "If any normal thinking person has not been drinking, they would say, heck yes let me take that test and I will prove to you that I have not been drinking." the operative word here NORMAL THINKING....if it is a medical conditional such as Diabetes: or the onset of Alzheimer's She could well be hostile and combative. So everyone that is out at 2:30 am is automatically drinking ?

shananaginz

Automatically, No, but probably, yes. Do you know what she was doing out at 2:30? My point is that cops get lied to 95% of the time they are being spoken to. They never get a call to go to something good that is happening. They are always dealing with criminals and people that manipulate situations. Do I believe they use little things to pull people over and get into cars that they mey suspect something illegal is happening, yes.

Ohgeeze84

I will have to agree it's plain and simple if you have nothing to hide then take the breath test bc I would lose my License trying to
Be tough. 99.9% of ppl that refuse are guilty like people that refuse to take a drug test for probation, beating around the bush saying I don't have to pee or I used the bathroom already wasting time and tax payers money bc they are guilty!! MAN UP PEOPLE!!!

NWalk99

Everyone here has said it is not OK that the person was most likely drinking and driving - they have all questioned the reason they were pulled over. If the cops are going to look for any old reason to pull someone over then they should either just mandate every vehicle in the world be equipped with a BAC device that includes photo recognition (because if they really wanted zero tolerance on drinking and driving - that is what they would do). They want money and promotions....they are not doing it to keep the streets safe. Again, if they were - they would be proactive and they would be fighting Washington for all newly manufactured vehicles to include the BAC technology.

ignoranceisbliss13

I'm having a birthday party next weekend. I will be sure to call the cops to come celebrate with me. Of course no one calls the cops when something good happens. That's not what they get paid for!

Notsocritical1

Have any of you folks heard of "implied consent"? Do you have a valid Ohio operator's license? Look it up for yourself to find out what it means.

youvegotobekiddingme

You all are talking about the breathalyzer test, when in fact, this article mentions the "sobriety test". It is officially known as a Field Sobriety Test: Definition: A group of tests used by police to determine if a driver is impaired. The tests assess balance, coordination and the ability of the driver to divide his attention to more than one task.

No matter how sober you are, this set of tests will set you up for failure. You are not required by law to take the field sobriety test (dancing for the cops), but you are required by law to take a breathalyzer on station/post. Never blow into the portable that they carry around in their cruisers.

Chances are that you are drunk, but there is always the possibility that the breathalyzer at the station may have malfunctioned, was not tested regularly, the solution was not changed at the appropriate time, etc. Maybe the police messed something up before, during or after the arrest.