I am amazed at how many people incorrectly think they know the law in reference to DWI's. I'm also amazed at this alleged lawyer’s lack of knowledge, and the manner in which he acted in this incident. As Mr. Tessener caused the two troopers to be investigated and put on desk duty for lies he fabricated, perhaps the proper response would be for the NC Bar Association to suspend Tessener's law license until the incident is investigated. Tessener is a licensed lawyer who is a member of the legal system. He should be held to a higher standard than that of a lying criminal. There is no time during the entire time of the video that would support Tessener's claim of the trooper "puffing up his chest, an inch from my shoulder". His claim of intimidation is taken very seriously as it could lead to federal charges of civil rights violations. The way I view the incident is that the trooper went too far in trying to be extra nice to a very attractive woman. Then again we are human beings. I heard the trooper tell the woman she could make as many phone calls as she wished, as he gave her back her cell phone. She is only entitled to one telephone call to contact someone and advise them of her situation. The trooper gave her the cell phone, so that she could make calls without incurring the expense. The trooper was way more accommodating than I would have been. If as claimed, it was a setup or whatever you wish to call it, the trooper could have placed Mrs. Tessener in a cell for several hours waiting to see a commissioner. Just because a person blows 0.00 on a breathalyzer means absolutely nothing. Perhaps the person has just smoked some dope, or maybe the person has snorted some coke, or maybe the person has ingested some pills or other drug. Being charged with DWI, means just that, Driving While Impaired. It does not state what the agent is that causes the person to be impaired. A person could have a bad exhaust pipe that sends carbon monoxide into the passenger department. If the trooper does not smell the CO, and he wouldn't because it is odorless, the trooper only has what he witnesses. In this incident the person would have a very legitimate excuse for her driving, and/or their demeanor. But that is not for the trooper to discover. This excuse would be presented at court and the case dismissed. This is the way our forefathers set up our juris prudence system, and it has worked incredibly well for a long time. Unless a blood test was taken, and I don't believe it was, we may never know why the woman appeared impaired by the trooper. I do know that we place a great deal of responsibility in the hands of our sworn law enforcement officers. Until proven otherwise, I place my belief in law enforcement being honest, truthful, and out only to serve their agency. I am not saying that law enforcement is never wrong, only that they use good faith in any decisions they make. I also believe that Mr. Tessener's behavior was totally reprehensible and unprofessional of a member of the judicial system. If any mistakes took place, and I firmly believe they did not, the esteemed lawyer/husband should bear a portion of the blame. A lawyer is held to a higher standard because he serves the courts. I would think a lawyer would be more believable than an average person who is charged with a crime. Lying to law enforcement is a crime. If the troopers were found guilty of misconduct due the Mr. Tessener's claims of intimidation, I believe a very winnable law suit could be filed. Of all of the people you would think knows about lawsuits, I would think it would be someone who makes a living out of filing them. Perhaps the Tessener's are very nice, and respectable. Perhaps they over-reacted. I can understand Mr. Tessener feeling he must do something to help his wife. The old saying of "A lawyer who represents himself, has a fool for a client”, is applicable to wives too. If I were an attorney giving advice to the pair, I would tell them to withdraw the complaint, and to write a heartfelt apology to the troopers. Otherwise this story is going to have a real long life in Wilmington’s media circles, and I would imagine in other media areas as well as legal circles.
More information about formatting options