Ft. Collins, Colorado: Man Charged With DUI Had No Drugs, Alcohol In His System - Ten Cases Like This With Same Officer

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hpman66

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Its either an abuse of his power.

OR

He thought they were under the influence of something and figured the blood test would prove it one way or the other.

Flip side if he let them go and they killed someone. Then we’d all be saying why didn’t he arrest them?

Without any real knowledge of the situations. I’m just playing devils advocate.

For the judge to come right out and call the officer not credible is astonishing. Pretty much discredits every arrest he’s ever made.
 

hittman

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For the judge to come right out and call the officer not credible is astonishing.
That Judge probably running for re-election soon. That would explain a lot.
And, isn’t CO now the CA of the midwest? The same voters there who had to have their weed were shocked to find out it cost them their concealed carry ”rights” and that they can no longer answer a 4473 truthfully. No sympathy here.
 

Cholo

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Seems some cop in Cobb County, GA think he's The Drug Whisperer and has arrested several people for driving under the influence of weed. Only one problem, they weren't. So, a big FU to Cobb County Police Officer T.T. Carroll :mad:

 

protoolman

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The old way to handle that was to charge reckless driving if they passed the dui tests. Carries most of the same penalties. If no wreck involved why arrest? If they are randomly stopped and impaired but pass field screening tests get them a ride home. My assessment is bad cop poorly trained.
 

TestEngineer

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1) Groves wrecked his car, resulting in an encounter with law enforcement.
2) He was on probation.
3) He was "in the system" (ie. had a history of drugs or alcohol and then driving).
4) Larimer County is run by liberals.
5) Colorado gives "kickbacks" to counties for every DUI arrest they make (no conviction required).

I'm actually surprised they dropped the charges. It's pretty common for the DA to keep putting in postponements to reaching trial so the defendant has to keep paying a lawyer $800/month to attend various "hearings" that go nowhere. The idea is to get the defendant to plead guilty to a plea bargain (even though they're innocent) so they can move on with their lives. Basically, once you're "in the system", they want to punish you for the rest of your life.

I'm more than ready to move out of Colorado. And I'm a 4th generation native. That's sad.
 

Apollyon

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The old way to handle that was to charge reckless driving if they passed the dui tests. Carries most of the same penalties. If no wreck involved why arrest? If they are randomly stopped and impaired but pass field screening tests get them a ride home. My assessment is bad cop poorly trained.
If he had said that he displayed indications of drug/alcohol use ... slurred speech, glassie eyes, stumbling. But just 'because' isn't a good reason.
 

Mike J

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A bit off topic, I have not heard of anyone going to jail for it but in Georgia you can be ticketed for messing with your phone while driving. Hands free devices are okay but you aren't allowed to be holding it. You can use it for navigation but you aren't supposed to have it in your hand or on your lap. It is supposed to be on a holder on your dash.
To be arrested for DUI when sober would just make me angry. Especially if it resulted in spending a night in jail. I don't blame him for suing.
 
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Well, an officer who arrests people for DUI or DUII over and over who are not impaired is wrong and either has not been properly trained or has criminal motives. Either way his city or dept. will pay the price.
My experience is all about Oregon. I am proud to say I have arrested hundreds of people for DUII. That charge has more rules and reports to do it legally and correctly than making any FELONY arrest. I know I arrested many for felonies. By the way it's a lower-level crime than a felony, it's a misdemeanor.
The field sobriety tests are standardized. No officer can administer them in any way that's not listed in the law. Each arrested person has the right to a hearing and be represented by counsel at the hearing. The officer is not represented by anyone at that hearing. They all have the right to a trial by jury or judge.
I never lost a hearing, pretrial motion or a court trial on a DUII case. I had many, nearly all arrested for DUII request a hearing.
Getting intoxicated drivers off the public roads saves lives and should not be taken lightly or done incorrectly.
Of all the cops I worked with, one new guy had arrested about 10 people for DUII that blew .00 or under .08 in just a few weeks. None he arrested were legally drunk or high. He was forced to receive a lot more training with a several other cops. End of his story, he still was unable to know a drunk from a non-drunk and was taken off graveyard patrol and given a daytime position as an investigator. He likely should have been fired. Yes, the PD got at least one lawsuit for false arrest that I remember.
Edit: In that county anyone arrested for DUII and no other evidence of any intoxicates that blew under .08 for an adult under .04 for a comm truck driver or .00 for a minor. The DAs office dismissed the case. Some cases were downgraded to reckless driving if driving was witnessed as reckless.
 
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Quotas have turned many police into little more than Armed Robbers. Gotta love speed traps down the street from church on Sunday morning. Gotta bust Grandma hurrying to church because she couldn't find her teeth or something.
 

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