TeeJaw Blog

DA Throws Out 79 DUI Cases Due To False Police Reports

Posted in Government and Politics by TeeJaw on Thursday, September 23, 2010, 12: 45 AM

Fox40 News in Sacramento reports:

Sacramento District Attorney Jan Scully announced Friday morning that she is dismissing 79 criminal cases, mostly DUI cases in which a former Sacramento Police officer falsified reports.

The dismissal of the cases in a result of a lengthy investigation of over 200 cases of arrests made by former Sacramento Police officer Brandon Mullock. Mullock resigned from the police department on August 27th. He was initially placed on administrative leave in January after being arrested for brandishing a weapon while off-duty after getting in an argument with someone on 9th St. and J St . Mullock later plead guilty to disturbing the peace.

During the course of the investigation of Mullock, discrepencies were discovered in several DUI reports made by Mullock and police forwarded their case to the District Attorney’s office which lead to the dismissal of the 79 cases today.

This is becoming a common thing. Lawrence Taylor at DUI Blog says:

Drunk driving is one if those crimes which is highly susceptible to falsifying evidence. This is because the offense is highly dependent on the cop’s own observations and opinion. Typically, proving “driving under the influence of alcohol” depends upon the officer’s testimony of such symptoms as weaving on the highway, odor of alcohol on the breath, flushed face, slurred speech, bloodshot eyes, poor balance, staggering when walking, etc. Usually, there are no other witnesses to contradict these “observations”; certainly, no one will believe the accused.

The only evidence that can contradict the officer is a blood or breath test. However, this is easily avoided: the cop simply claims that the arrested citizen “refused” to submit to testing. This results in higher criminal penalties — and avoids any evidence contradicting the officer’s damning observations and opinion of intoxication.

The motive? Fulfilling quotas, overtime pay for testifying in court, promotions for high numbers of arrests, gaining awards in personnel files from MADD, etc

MADD even has a name for cops that write lots of DUI’s: DUI Super Cops.

DUI laws and enforcement policies are not about getting drunks off the road; they are not about making the highways safer from drunk drivers. If that were the case chronic drunks and recidivists would be the main focus of the laws and enforcement policies. They aren’t. The focus in on social drinkers who happen to be over the unreasonably low legal limit, but not over by much. These people figure hardly at all in alcohol-related car crashes. They are essentially harmless and hapless victims of a national hysteria fueled by sanctimonious posturing at MADD and the greed of politicians and bureaucrats who reap the enormous profits to be had from generating as many DUI convictions as possible.

This thing is not only bringing near ruination to reputations, driving records, insurance rates, and numerous other largely unknown (except to DUI lawyers and their unfortunate clients) collateral consequences to people who have done no more than have a couple of drinks at a restaurant or dinner party, and who would have harmed no one if they had been allowed to continue on their way home.

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