DUI BLOG

The latest in the endless parade of DUI SuperCops….

Lawsuit Targets Cop Tied to Dropped DUI Cases

Chicago, IL.  –  A Chicago police officer whose alleged misconduct has caused dozens of DUI cases to be dismissed was sued Monday by a man he arrested last summer.

Officer John Haleas was disciplined this month for failing to follow procedures in a DUI stop, leading to 50 cases being dropped by Cook County prosecutors.

In a proposed class-action lawsuit filed in U.S. District Court, Noe Martinez alleged he was arrested for DUI after he left a Chicago tavern but before he had even started up his car…

"Basically, this officer has manufactured really countless false charges and lied under oath in the prosecution of those charges in literally hundreds of cases," said Martinez’s attorney, Jon Erickson.

Haleas did not administer a sobriety test until at the Grand Central District police station, Martinez contended, and testing was inconclusive. Martinez was released but still charged with DUI, the suit said.  In reports filed in the case, Haleas alleged Martinez was driving and refused to take a breath test…

Police have said Haleas was given a one-day suspension and was reassigned to desk duty. He had been honored as one of the leading officers in Illinois in the number of DUI arrests logged.

As long as you keep having quotas, promotions and MADD "Top Cop" awards, you’re going to have hundreds of "SuperCops" out there falsely arresting thousands of citizens for drunk driving.

“Don’t drink and drive”, as MADD keeps telling us.  Beat your wife or burglarize a house instead.  If you’re caught, you’re much better off…. 

DUI Convictions Can’t Be Erased

Nashville, TN   Nov. 24  –  What can a drug user, wife beater and burglar do that someone convicted of driving under the influence can’t?

Under Tennessee law, all but DUI offenders are eligible to have their criminal records wiped clean. Such harsh terms normally apply only to the most violent perpetrators, such as murderers and sexual predators.

But Nashville attorney Doug Thurman is among several defense lawyers who say DUI arrests stay on a person’s record all because of a law that is politically motivated and needs to be changed.

“A DUI is going to be held against you for the rest of your life,'’ Thurman said.

He says it’s not right that felons are allowed to get a chance at having their records wiped clean when first-time DUI offenders, who’ve been convicted of a misdemeanor charge, can’t…

“I think DUI offenders are the whipping children of the legislature,” Nashville attorney Patrick Frogge said. “They’re easy targets and there’s an effective lobbying organization that keeps DUIs on the legislature’s agenda.”…

“They could have just as easily committed homicide,” Laura Dial, executive director of MADD of Tennessee, said of the first-time DUI offenders. “It’s vehicular homicide, which is murder. So, they got lucky when they decided to drive drunk and they didn’t kill someone and then become convicted of vehicular homicide or vehicular assault.'’…

Hmmmm….So if it could have been a more serious offense, then it should be treated as one.  ‘Still don’t think MADD has succeeded in creating a “DUI Exception” to our Constitution and laws?

If only this news story was an isolated incident in the hypocritic "War on Drunk Driving":

Judge to Cop Who Arrested Him: ‘I’m a

Judge, Bro’

 May have tried to use position to avoid DWI

Roxbury, IL.  Nov. 16 – A municipal judge who was charged with drunken and careless driving apparently tried to use his position as a jurist — telling his arresting officer, "I’m a judge, bro" — while handing him a blue state judiciary identification card, a police report stated.

George R. Korpita, 47…has served as a municipal judge in Dover, Victory Gardens and Rockaway. He failed numerous field sobriety tests slightly after 2 a.m. on Nov. 6 to the point where he told police, "I’m done. I can’t do it," according to an arrest report filed by Patrolman Jonathan Edmunds.

Edmunds noticed a strong smell of alcohol on Korpita, and it later was determined that the judge’s blood alcohol level was .22 percent — nearly triple the state’s .08 percent legal limit. He’s scheduled to make his first appearance on Nov. 27 before a Superior Court judge in Union County. Attempts to reach Korpita on Thursday night were unsuccessful.

At the time of the arrest, Korpita was asked for his driver’s license, but he handed the officer a blue laminated judiciary ID card and "nonchalantly stated ‘I’m a judge, bro,’" Edmunds wrote.

Edmunds returned the card and again told the judge he needed to see his driver’s license. As Korpita fumbled through papers in his glove box, he told Edmunds, "I’m OK, bro, I’m OK," and then attempted to again hand Edmunds the blue ID card and said, "I’m a judge, bro."

(Thanks to Randy Q.)

Another politically ambitious prosecutor seeking MADD’s endorsement:

Getting a DUI Could Get You on a Billboard

Phoenix, AZ.  Nov 19  –  Make sure you’re stone cold sober when you leave your holiday get-together or your mugshot could be pasted all over Valley freeways and streets on billboards.

The new billboards are going up just in time for the holiday season.

County Attorney Andrew Thomas says, “The point is don’t commit a dui or you’ll face a number of consequences. You’ll face incarceration, consequences with your driver’s license, and the fact that you could be potentially shamed.”

In addition to that, your face could wind up on the county attorney’s drunk driving Web site. In addition to the billboards, there are new radio and television public service announcements promoting the Web site.

The campaign costs $700,000. Convicted criminals are paying for most of it, because the funding is from assets siezed through RICO (Racketeering Influence and Corrupt Organization) statutes. The remainder comes from $188,530 allocated by the DUI abatement fund.

Well, aside from from the issue of “scarlet letter” shaming — and only for drunk driving cases (see my post The Scarlet Letter)…..Why couldn’t that RICO money be used to combat gangs?  Child molesting?  Maybe finding lost kids?  Oh, right, there’s no political endorsement in that.

There are many so-called “field sobriety tests” used by officers supposedly to determine a DUI suspect’s sobriety.  And, as I’ve posted in the past (Field Sobriety Tests: Designed for Failure?), these tests are highly unreliable and largely used to justify the officer’s suspicions.  Of the many “tests” used today, only three have been approved by the National Highway Traffic Safety Administration: walk-and-turn, one-leg-stand and horizontal gaze nystagmus (HGN, or the “eye test”).  Collectively, they are referred to as the Standardized Field Sobriety Tests (SFSTs).  Although they are in reality no more valid at determining intoxication than the other tests, their adoption by the federal government has given them an aura of credibility.  The most insidious of these three tests is the nystagmus test – because of its seemingly scientific nature.  Yet, as I’ve previously posted, HGN is unquestionably the least reliable  of the FSTs. (DUI “Eye Test” a Fraud?).  

 A growing number of states are now questioning the validity of such tests, as shown in the following recent news story:

DUI ‘Eye Test’ Under Fire by Supreme Court

State justices join critics, but test has its supporters, too

When it comes to a suspected DUI, the eyes don’t lie.

That’s the principle behind horizontal gaze nystagmus testing, which has long been considered the most reliable way, short of a blood or breath test, for a police officer to determine whether a driver has been drinking.

However, the Illinois Supreme Court has dealt a potentially serious blow to HGN testing with a recent decision stating that such tests are not presumed scientifically valid in Illinois…

“Based on my training and experience, the test is very reliable,” (Dixon Police Department Sgt. Dan) Langloss said. “Yes, the test does have its flaws and drawbacks, but it is only one factor that we look at during a DUI stop. You have to look at the totality of circumstances.”

Many critics across the country, including defense attorneys, argue it is difficult to determine the accuracy of HGN testing and that there are many factors that can cause the eyes to visibly jerk aside from alcohol consumption.

“There are over 25 different types of nystagmus,” said Bob Thompson, Lee County public defender. “Officers are not taught about the other types, which they should know about. Fear, anxiety and viral infections, to name a few, can all have an affect on the eyes.”

Thompson added there are other factors that can affect the results of an HGN test, such as exposure to the lights on the squad car and the difficulty that an officer may have when determining an exact 45-degree angle when conducting the test.

“Officers are not trained in scientific methods or medicine,” Thompson said. “During cross examination, it’s difficult to ask them to draw us a 45-degree angle or test their geometry skills. That’s where we’re starting to see the trial courts become more strict when admitting the test.”

The court ruling came in the wake of a Peoria County case involving Joanne McKown, who was convicted of multiple counts of DUI and reckless driving after she hit three motorcyclists in June 2002. Having suffered a broken toe, she could not perform other sobriety tests, such as standing on one leg or walking heel-to-toe. A sheriff’s deputy who administered an HGN test 90 minutes after the accident said she failed. After McKown refused to give blood voluntarily, police got a search warrant and drew blood 6 1/2 hours after the accident. Tests showed no alcohol in her bloodstream.

Writing that “HGN testing appears to have as many critics as it does champions,” the state Supreme Court sent the Peoria case back to the trial court in September.

For a further discussion of the pseudo-scientific nystagmus test, see my earlier posts: Nystagmus: ”The Eye Test”, Nystagmus: ”The Eye Test” (part 2) and Nystagmus: ”The Eye Test (part 3)”.

Keeping our streets safe from drunk drivers…

Alabama: Sober Diabetic Man Tasered, Accused of DUI

Man having a diabetic attack faces DUI charges even though he had no alcohol in his system

Ozark, AL. Nov. 9  –  Police in Ozark, Alabama on Tuesday used a taser on a sober man who was having a diabetic seizure. A trio of police cruisers were called to the scene of a black Nissan truck and trailer pulled over on the side of the road near the intersection of Highway 231 and Marley Mill Road at around 4pm. James Bludsworth, 54, a man with no criminal record, was was slumped over behind the wheel. Because of his condition he was not responsive to police commands.

Police then fired tasers at the sick man three times. A police officer now says that he smelled alcohol on Bludsworth, even though later testing showed no trace of alcohol in his system. Ozark Police Chief Myron Williams also claims the sick man was "combative." Instead of taking Bludsworth to medical care he was booked at Dale County Jail and charged with resisting arrest and driving under the influence of alcohol (DUI). Bludsworth has no recollection of the incident and is free on $1000 bond.

Police later dropped a charge against Bludsworth relating to an alleged towing infraction

(Thanks to Andre Campos.)

I’ve commented in the past about the so-called Dial-a-Drunk anonymous hot-lines, often labelled "REDDI" ("Report Every Drunk Driver Immediately") lines, advertised all over our highways.  (See Dial-a-Drunk: DUI Vigilantes Are Watching You and Dial-a-DUI Proving Useless.)   I mentioned that by using this convenient line, you can with complete anonymity report your favorite enemy or ex-spouse for DUI, resulting in a traffic stop, interrogation, field sobriety tests and possible arrest. It didn’t occur to me at the time that it could be a very convenient tool for the police as well…..

Wyoming: Bogus DUI Report Used to Seize $3.3 Million

A Wyoming Highway Patrol officer is fired for calling in a fake DUI report in order to stop and search a pickup truck.

Casper, WY.  Nov. 12  –  A Wyoming State Trooper called in a false tip to an anonymous driving under the influence (DUI) hotline so that he would have an excuse to pull over and search a vehicle known to be carrying a large amount of cash. The April 7 bogus report has sparked controversy and led to the highway patrol firing Trooper Ben Peech, 36, last week. Federal officials told the Casper Star-Tribune newspaper that the fraud will have no impact on their efforts to keep $3.3 million in seized cash during the traffic stop.

The call, and a second fake DUI report from a Drug Enforcement Agency (DEA) agent, gave Peech an excuse to be out on Interstate 80 at 3am. He was on the hunt for a silver Dodge pickup truck carrying a driver and a DEA informant who let it be known that the vehicle carried eight suitcases stuffed with cash. Peech found the truck, performed the search and found the suitcases. No charges were filed against the driver or passenger, but the money was taken.

Hmmm….I wonder how common this technique has become among law enforcement around the country?  Or is some cop in Wyoming the only one to have thought of it?

(Thanks to Andre Campos.)

I’ve posted in the past about the increasing phenomenon of the so-called DUI "Supercop".   (See DUI Supercops,  How to be a "Top Cop" and Supercops: The Smoking Gun.)    These are police officers who receive awards and promotions for making massive amounts of drunk driving arrests — and massive amounts of money for the local government (see How to Make a Million in the DUI Business).  For example, this typical news story from a couple of days ago.

Local Deputy Receives DUI Award

Victorville, CA,  Nov 11 –  Deputy Stan Conway made more than 550 arrests for DUI driving in the last 15 months, earning the Mothers Against Drunk Driving Officer of the Year award for the second time…

The more than 550 arrests made by Conway have saved countless Victorville residents from becoming innocent victims, MADD said.

 

Officer Cox Quits the Force

 

State will decide if the decorated officer should face criminal charges

Corvallis, OR.  Nov. 2 — Corvallis Police Officer Dave Cox, who had been on administrative leave since Sept. 14 pending an internal investigation into possible police policy violations, has resigned…

Benton County District Attorney John Haroldson said the police investigation has been turned over to the Oregon Department of Justice to determine if criminal charges would be filed against Cox…

Cox is widely known in Corvallis for the number of DUII arrests he has made. In 2006 he had an average of 20 arrests a month, or one per shift. In May of 2007, Cox arrested 27 people for DUII, while the rest of the Corvallis police force made 8 DUII arrests…

Police have remained mum about other aspects of the investigation into Cox’s official conduct.

(Thanks to Bjorn W.)

I’ve commented in past posts that it is becoming an increasingly common practice for police officers to simply use form or template arrest reports in drunk driving cases — what I have referred to in my books as "xeroxed" reports.  (See Police Using Pre-Written DUI Reports.)  In other words, rather than going to all the "trouble" of writing a report of the actual investigation and arrest, cops are using pre-written reports — and then changing a few details to fit the defendant.

This is bad enough, as the reports are supposedly signed under oath and subject to perjury charges.  But it beecomes particularly serious when you realize that very few officers can remember the details of a given case when testifying months later.  In almost all cases, the officers read their own reports before taking the stand — and then testify essentially to what they read in the report.  And in DUI cases, they are increasingly testifying based upon a fictional "xeroxed" case.

For example, California attorney Jon W. Woolsey recently got a court order requiring the California Highway Patrol to turn over any templates or forms used by the officer who arrested his client for DUI.  The following is the template that was used:

FIELD SOBRIETY TESTS

All FST’s were explained and demonstrated.  I asked Name if he/she understood each test completely and he/she stated that he did.  All tests were performed on a Location dirt/asphalt Parking lot/Shoulder that was free of debris.  The weather was cool, clear/cloudy, and daylight/dark.    

1)Horizontal Gaze Nystagamus:

Name eyes showed lack of smooth pursuit, distinct nystagmus at the extremes and an onset prior to 45 degrees.  Name’s eyes showed vertical gaze nystagmus.        

2)One leg stand:Name lifted his/her right/left foot and dropped it immediately on the count of 1000. 

3)Romberg:Name estimated 30 seconds in 0000 seconds.  Name body swayed in a circular motion 1 to 2 inches from center of mass. 

4)Finger Count:I explained the test to Name 

5)Preliminary Alcohol Screening Device:

I admonished Name regarding the Preliminary Alcohol Screening Device (PAS) and he/she agreed/refused to take the test.  I administered the PAS to Name at 0000 and 0000 hours with BAC results of .000% and .000%.

Other Factual Information:

All times are approximate and may vary from the times on the Preliminary Alcohol Screening Device, the breath test and times provided to me by dispatch.

First Observations:

On 0-00-07 I was on routine patrol in a fully marked CHP patrol vehicle, with my partner officer nnn.  I was traveling

Observations After Stop:I contacted the driver and advised him/her the reason for the stop.  As I spoke with the driver I smelled the strong odor of an alcoholic beverage emitting from his/her breath.  I noticed that the driver had red watery eyes, as well as slow and slurred speech.  I asked the driver for his/her driver’s license, which he/she provided me.  I identified the driver using his/her California Driver’s License as John Doe 00-00-00. I asked the driver if he/she had anything to drink and he stated, “–.”  I asked the driver to exit his/her vehicle and meet me at the right front of my patrol vehicle.  I noticed that as the driver walked he had an unsteady gate.  As I spoke with the driver I noticed that he/she had an odor of an alcoholic beverage emitting from his/her breath and person.  I also noticed that the driver was unsteady on his/her feet swaying in a circular motion 1 to 2 inches from center of mass, he/she had slow slurred speech, and red and watery eyes.  I advised the driver that I smelled a strong odor of alcohol emitting from his/her breath and asked him/her how much he/she had to drink and he/she stated, “—-.”  I explained and demonstrated several FST’s to Name, which he/she could not complete as explained and demonstrated. 

Arrest:  Based on my observations of Name’s driving, Name’s objective signs of alcohol intoxication, and his/her performance on the FST’s, I formed the opinion that Name was driving under the influence of an alcoholic beverage and unable to safely operate a motor vehicle.  I placed Name under arrest for 23152 (a) CVC at 0000 hours.  I advised Name of implied consent and he/she chose the blood/breath test.  I booked Name into the Sonoma County Jail.

Recommendations:

I recommend a copy of this report be forwarded to the Sonoma County District Attorney’s for review, and that Name be prosecuted for violation of 23152 (a) CVC driving under the influence of an alcoholic beverage, and _____

Basically, the report tells the officer what he should have seen — not what he actually saw.   And as any honest cop will tell you, drunk driving cases rarely follow such a neat, pre-described script.  But it is convenient.  And avoids messy complications – like the actual facts.   

One size fits all.

On a quick non-DUI note…..As a few of you know, the film rights to my book A Trial of Generals was sold some time ago.  The book is about the heroic efforts of young Army lawyers who defended the Japanese general supposedly responsible for the Bataan Death March in a WWII war crimes trial.  It now appears that pre-production starts this month, with principal shooting to begin in Australia in February (film title: The Beast of Bataan).  See Hollywood Reporter.