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Police Officer Suing The Drunk Driver Who Hit Him

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HALTOM CITY (CBS 11 NEWS) – It’s been eight months and Detective Tony Miller still suffers from injures after a crash.

The Haltom City Detective recalls it happening in an instant.

“My job that night was to block the entrance to this ramp,” says Det. Miller watching cars go by in his rear view mirror. “It’s one of those moments you say oh oh.”

A pick-up slammed into the back of Det. Miller’s squad car.

He was blocking the ramp to get onto 35 northbound from Meacham Blvd in Fort Worth.

Dash cam video from another officer’s car shows the moments after the crash.

Miller took a direct hit.

The other driver, Gabriel Gonzales, appeared unhurt and police say drunk.

“My right arm wasn’t working very well – had some good pain on my right arm – and some numbness,” says Det. Miller.

In a field sobriety test Gonzales swayed, had trouble following directions and while in the patrol car admitted to drinking.

“I did drink,” says Gonzales to an officer. “Not denying that.”

Gonzales’ blood alcohol level was .17 a little more than twice the legal limit.

It was Gonzales’ first offense and a visiting judge in Tarrant County sentenced him to just 20 days in jail and a $750 fine.

His driver’s license was suspended for 3 months.

The Tarrant County District Attorney’s office recommended probation for 18 months. If he violated the probation, then 90 days in jail.

The D.A.’s office says a lot can depend on prior history and circumstances surrounding the crash.

“I keep thinking what if I hadn’t been sitting on that ramp that night and he would have gotten on the highway at high speed who knows who he would have hit or what kind of injuries some family would have suffered,” says Det. Miller.

Attorney David Hart from Colleyville represents Det. Miller and they’re now suing Gonzales.

“We sue drunk drivers,” says Hart. “We try to do everything we can to make them pay for what they have done to send a message so this type of behavior stops.”

Det. Miller is still healing and says, “I’ve got some issues with my right arm that continues today – headaches – and pain in my neck.”

He’s back at work and is hoping his story will send a strong message to anyone about to get behind the wheel drunk.

Gonzales did not have any comments.

CBS 11 also tried to reach the visiting judge about the 20 day sentence, but phone calls have not been returned.

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