A Janesville, Wisconsin man was ticketed for unreasonable speed and driving left of center early Monday morning.
Although he had a preliminary breathalyzer test showing a blood alcohol level (BAC) of 0.12 percent, he was turned over to a “responsible” adult and released. Two hours later he was killed when he was ejected from his rolling vehicle.
When initially stopped, Jason L. Stacey, told a police officer he had been drinking. He submitted to a breath test which showed his BAC was above the legal limit for DUI of 0.08 percent.
Nonetheless, the officer said he did not arrest Stacey because he passed three field sobriety tests, had few or no clues of intoxication, did not smell of alcohol, did not have glassy eyes or slurred speech, and did not exhibit any other signs of intoxication.
Captain Dan Davis said bad driving and a preliminary breath test over the legal limit do not constitute probable cause for DUI. The officer still felt uncomfortable about allowing Stacey to drive.
Stacey told the officer his friend was being picked up at a bar by his pregnant wife. The officer gave him a ride to the bar where his friends were waiting for him. The woman told the officer she’d take care of Stacey.
The next time police had notice of Stacey was to collect his body.