New York Police Officer Facing Termination After DWI

John Lewis of the Schenectady Police Force is facing termination after a DWI arrest on Saturday night. According to reports, police were called to the scene of an accident in a hospital parking lot. They were told of an intoxicated man who had left the hospital parking lot after crashing into another vehicle. Lewis was found and taken into custody for Aggravated Unlicensed Operation, Driving While Intoxicated, and leaving the scene of a property damage accident. He was held in jail without bond.

Reports say this is not the first time Mr. Lewis has been in trouble with the law. In fact, he was fired from the police force in 1998 for using a racial slur. It was ruled that he was fired without sufficient cause, and he was re-instated. From there, it seems Lewis’s problems only grew. He was arrested five times for a variety of crimes including but not limited to fourth degree criminal mischief, third degree stalking, second degree aggravated harassment, eavesdropping, and computer trespassing. He also received a DWI charge in December 2008 after a crash. Through all of this, Lewis has been suspended without pay and is now facing termination…..again.

We teach our kids to respect police officers. And we ourselves are supposed to respect them. How is it that someone like this could even be a part of a Police Department? How is someone who has been charged with crimes repeatedly supposed to go to work and protect our cities from the very crimes he’s being charged with? This current DWI arrest could have been prevented if an ignition interlock would have been mandatory for Lewis’s vehicle after his first DWI arrest. Or better yet, if they were mandatory on ALL vehicles, then even the chance of him getting behind the wheel of someone else’s car after drinking wouldn’t exist.

Tennessee Cop Faces DUI Charge

According to reports, Richard Allen Leese, a Clarksville Police Department Officer was arrested early yesterday morning for driving under the influence of alcohol. Two Henry County police officers responded to a complaint that someone had wrecked a truck into someone’s yard. The complainant stated that the driver of the truck was possibly drunk.

Reports say that the officers were greeted when they arrived at the scene by Leese holding out his police badge, saying he was a member of the Clarksville Department. Leese admitted to the arresting officers that he drank three beers between 6:00 and 7:30. He guessed that it was probably about 9:00 then. It was after 2:00a.m.. I think it takes a little more than three beers for five hours of events to get lost in your head!

Leese was given a field sobriety test, which he allegedly failed. He refused to take a breathalyzer test according to police reports. He was charged with violation of implied consent and driving under the influence. When put in jail, he was held in a “safe area” because of his police officer status. While it’s probably not fair that he was given special treatment, at least he wasn’t sent to the comfort of his own home like the guy in my last story was. Leese is scheduled to appear Feb. 23 in Henry County General Sessions Court.

Minnesota Cop Arrested for Suspicion of DWI

A police officer out of Coon Rapids, Minnesota was arrested on Friday night after allegedly driving while under the influence of alcohol while off duty. According to reports, Officer Bryan Platz rear-ended another vehicle carrying two women. The women had slowed to turn into a gas station. No one was seriously hurt in the crash.

Platz provided a blood sample on the night of the arrest. No charges will be filed until the blood test comes back, which could take a few weeks. He has been placed on paid leave pending an investigation. Deputy Chief Tim Snell said that Platz has worked for the police department for about seven years. He wasn’t sure if any disciplinary action would come as a result of the arrest. And he wasn’t sure if speed was a factor in the crash.

This is just another example of a cop getting busted for driving after drinking. It happens every day. If convicted, he’ll probably pay his fines, and essentially get them back in his paycheck. DUI along with all traffic infractions are a huge source of revenue for our governments. Makes you wonder if since alcohol is a government issued drug and ignition interlock devices aren’t mandatory on all vehicles by law, the government is too dependent on the revenues they get from such arrests to try to stop them before they happen.

Texas Cop on Desk Duty After DWI Arrest

Austin Police Officer Leonardo Quintana was arrested Tuesday after allegedly consuming alcohol and getting behind the wheel. The Leander Police Department found Quintana at about five o’clock a.m. in his vehicle.

The car was damaged, and the tires were deflated. According to reports, Quintana failed several field sobriety tests at the scene, and admitted to having drinks at a friend’s house.

Reports say that Quintana is the same officer who was investigated after a controversial shooting a few months ago that killed a man. He was suspended for fifteen days after investigations were complete for failing to turn on his dashboard camera before approaching the vehicle where the shooting occurred.

Quintana is currently on restricted duty pending the investigation of his DWI. He can perform such duties as desk work. Sergeant Vincent of the department said that the police department plans to morally support Quintana as if they would family. What? This sounds more like an organized crime family than a law enforcement agency.  I wonder if the police department will support me or you if we get arrested for driving while intoxicated while cruising through Austin. I won't be testing that theory any time soon.

Virginia Cop Arrested for DUI

Sgt. David Conley Cullop, an off-duty Chilhowie police sergeant, was charged with driving under the influence on Friday night. He allegedly crashed head-on into a truck after crossing into oncoming traffic on a bridge.

Luckily, no one was injured in the crash. According to a spokesman for the Virginia State Police, Cullop refused to take a breath test, so he was charged with refusal as well.

The twist to this story is that reports say that Cullop is the same officer who two years ago was honored for saving the life of a police officer who had been hit by a drunk driver. He was presented with a letter of commendation from the chief and the Police Department’s Life Saving Medal a few months later.

Why is it that cops who are hailed as heroes for DUI enforcement are so frequently arrested for drunk driving? I call it the MADD curse. I think a police officer who sees the results of drunk driving every day should know better than anyone not to get behind the wheel after drinking. Especially an officer who watched one of his own almost die due to drunken driving.  Of course, Officer Cullop is presumed innocent unless and until he is proven guilty.  I hope he gets a fair shake in court, and I hope he uses that experience to give defendants a fair shake in the future.

Pennsylvania DUI Enforcement State Trooper Charged With... DUI

Cpl. John Quigg, of Wyndmoor, Pennsylvania is on administrative leave after being charged with DUI last month, according to reports. What makes this story so interesting is that Quigg was a 24 year veteran of the police force and he was a qualified crash reconstructionist. His job apparently involved supervising DUI checkpoints in the Philadelphia area.

Reports say that Quigg was driving his Honda Accord west on Route 422 on the night of Dec. 17. He lost control of his vehicle and hit a guard rail. A trooper reportedly found him slumped over and unresponsive inside of the car, and he was taken to a nearby hospital for evaluation. He was charged with driving under the influence along with other traffic violations including having an open container of alcohol in the car.

It sounds to me like Pennsylvania is facing the same problem that every other state in America is facing today. When the very people we pay with our tax dollars to keep our streets safe are endangering them, it’s time for change. I wonder how this cop who was paid to arrest drunk drivers feels seeing life from the accused side? He probably just figured out that DUI laws are a complete and total scam that are designed to fail.  Maybe if the government is going to sell us alcohol, then the government should pass laws to help their customers make the right decisions after drinking when their good judgment is altered.

Would mandating ignition control locks be seen as saving lives or would it be seen as losing revenue for the government when the DUI rate goes down?  Of course MADD would be out of business too, so you can imagine how they feel about it.  And of course the liquor industry isn't interested in people having one drink and driving home, they want people to consume three drinks and drive home.

Idaho Sheriff's Officer Faces Second DUI Charge

This story comes from Payette County, Idaho. A county Sheriff’s officer who resigned in October after a DUI arrest has been accused of once again driving under the influence of alcohol. According to reports, Troy Sallee pled guilty in court on December 21st to his DUI charge. One day later he was arrested again for suspicion of driving under the influence after crashing into another vehicle.

News reports say that Sallee is being charged with a felony in the newest case because there was great bodily injury to the driver of the other car. Crystal Yokom suffered broken ribs, a shattered ankle, and lacerations in the crash. He is also facing a hit and run charge due to the wreck. I wonder if Sallee didn’t learn his lesson the first time or if he did, but his judgment was once again impaired by the alcohol and therefore all good judgment flew out of the window.

How many of these cases do we need to see before something is done about this huge problem that faces our society? There are ways that the government could practically stop DUI in our country, like ignition interlock devices being mandated on every vehicle sold. Why is it taking so long if this could save lives and make our streets safer?

Police Officer Accused of DUI in Fatal Wreck

Lockport, Illinois Police Officer, Edward Stapinski is being charged with reckless homicide and aggravated driving under the influence after a crash that killed a man on the night of December 20th. Stapinski was allegedly driving his Mitsubishi Gallant at speeds of about eighty miles per hour on Highway 55 when he lost control, flipping his vehicle and hitting a Toyota Camry head-on. Mike Wong, the driver of the Camry, was killed in the crash.

Stapinski was taken to a nearby hospital according to reports, where his blood sample showed that his blood alcohol level was .223, which is about three times the legal limit. According to reports, Associate Judge Maureen Feerick said that Stapinski held the public trust as a police officer and that his job should had “given him insight” into the consequences of such actions. Stapinski’s bond was set at $750,000, and he is forbidden from driving, will have to surrender his passport and any firearms in his possession as well as his firearm identification card. If convicted, he is facing three to fourteen years in prison.

The family of 29 year old Mike Wong is devastated, fearing that Stapinski will receive special treatment in court because he’s a police officer. It will be interesting to see the outcome of this case that may have been prevented with a law mandating ignition control devices on all vehicles. It’s becoming a common thing to hear about the police officers who are paid to keep us safe endangering our streets. It’s time for Congress and all of our states to do something about this growing problem.

Three Officers Charged With DWI in Westchester, NY Last Month

Two police officers and one corrections officer employed by Westchester County in New York were charged with DWI last month. Police Officer Joseph Kraus (left) was suspended with pay after allegedly running a red light and crashing into a police cruiser. Officer Jessica Knatz had to be cut out of her demolished patrol car where she suffered facial and back injuries due to the impact of the crash, according to reports. Apparently, Kraus refused a breath test, but admitted to drinking before the crash.

According to reports, police officer Michael Huffman was charged with DWI and two other traffic violations after a rollover crash on December 11th. He was placed on leave by the county until the investigation is complete.  He was allegedly driving his 2010 Volkswagen Jetta, when he crashed into a guardrail and a fence. In addition to DWI, he was charged with speeding and crossing the double yellow line. Huffman sustained minor scrapes, but was awake and conscious when authorities arrived at the scene.

Patricia Yancy-Johnson, a county corrections officer, was accused of drunk driving after hitting an ambulance from behind. It sounds like Westchester has a very big problem on their hands. It's bad when the people who are paid to keep our streets safe are the very ones who are making them unsafe. The truth is that everyone's judgment is impaired after consuming alcohol. It is a drug that alters the minds of police officers, judges, and senators just as it does you or I.  DUI continues to plague society because the government (which sells liquor) doesn't require ignition interlocks on every new car.

Virginia Beach Police Officer Charged With DUI

Virginia Beach Police Officer Stephane Prevot was charged with both DUI and hit and run after striking a mailbox on Saturday morning. According to news reports, a pedestrian was walking her dog when she came upon Prevot stuck in a ditch. He was flinging mud around, trying to free his vehicle. When he finally got free, he hit a mailbox before leaving the scene.

This is the second Virginia Beach police officer to be arrested for DUI recently. Officer Bryan Womble has left the force since being convicted after an incident in June of this year. He was charged with DUI and hit and run. He received a mandatory five days in jail, a twelve month license suspension, a five hundred dollar fine, and he had to enroll in alcohol awareness classes. He was also ordered to use an ignition interlock device for six months.

Womble was a celebrated member of the police department’s Traffic Safety Unit, which is responsible for stopping impaired driving. Womble was the officer who arrested NFL star Bruce Smith for DUI in May, just one month before he, himself was caught. Shouldn’t our government see that we have a serious problem on our hands when the very people who are paid to keep drunk drivers off of our streets are being charged and convicted with DUI? Maybe with our judgment impaired by alcohol, it isn't as easy as it should be to make a driving decision.  Shouldn't ignition interlocks be required to help us make that choice?

Fort Worth Police Officer Charged With Intoxication Manslaughter

Jesus Cisneros, a Fort Worth, Texas police officer, is being investigated after a collision in his patrol vehicle that killed a young mother on December 11th. According to reports, Cisneros’ blood alcohol level was .17 at the time of the wreck. That is over two times the legal limit (in Virginia it would be an "aggravated" DUI with a mandatory minimum jail sentence). He was also allegedly traveling at speeds doubling the posted speed limit of 35 mph.  This would constitute a separate Class 1 Misdemeanor in Virginia, reckless driving by speed.

Fort Worth Police Chief Jeff Halstead seemed embarrassed at the entire situation. He told the family of the victim that he would do everything in his power to ensure that justice prevails. Cisneros has turned in his resignation, and is no longer working for the police force. He turned himself in on December 21st . He is being charged with intoxication manslaughter. He was released from jail after posting a $25,000 bond. He is not allowed to drink alcohol, leave Tarrant County, or operate any vehicle that doesn’t have an ignition interlock device installed. If convicted, he could face up to 20 years in prison.

There are two little boys in Forth Worth without a mom now. The ignition interlock device should have been installed in the police vehicle before the crash, and maybe their mom would have made it home safely on that night. The interlock device should be installed on every vehicle sold! It’s an easy way to save lives and keep our streets safer.  We have the technology to stop drunk driving, we simply lack the will and the integrity to do it.

Alcohol is a mind altering drug.  If our government wants to sell us this drug freely, and we can consume it in public so easily, then there should be something to stop us from getting behind the wheel when our judgment is impaired. If even the police officers whose jobs are to keep drunk drivers off of our streets aren't able to control their own drinking and driving, then that shows that we have a huge problem that isn't being solved with the current system that relies primarily on punishing people who have already been caught driving drunk.

Chief Halstead says that he is investigating several other police officers on the force as well. Apparently, Cisneros and several other officers were celebrating a birthday party at a bar the night of the wreck. The chief wants to know why no other officer stepped up and prevented Cisneros from driving. He says that as police officers, they are always held to a certain standard of conduct, even when not on duty. My thinking says that the other officers were probably consuming alcohol as well. Judgment is impaired while drinking, and it shouldn’t be their responsibility to stop a fellow officer from driving after drinking when the government can solve the problem permanently with an ignition interlock.

Now Here's a Cop Who was Convicted of Drunk Driving that I Can Respect!

I blogged about Alexandria Chief of Police David Baker and his arrest for drunk driving back in July.  Today the Washington Post reported on his efforts at rehabilitation.  Normally I would say that in a sarcastic manner because I would think that his efforts were nothing more than a response to the sentence he got for aggravated DUI last summer.

But this guy is going out on his own time and speaking in public about his arrest.  He is using his case as an example for others who can benefit from his bad experience.  The article states that "As a police chief, he used to work with the Checkpoint Strikeforce campaign. And for years, he said, he has been an advocate for stricter penalties for drunk drivers. When he left the D.C. police force in 1991, he was a captain heading the traffic section, his duties including being in charge of DUI checkpoints."

It must have been terrible to find out what it's like to be on the other end of the DUI arrest.  I hope retired Chief Baker realizes why that terrible night occurred.  It's because he was working for drug dealers who don't take responsibility for the substances they are pushing.  The Commonwealth of Virginia, whose laws Baker was sworn to uphold, sells a deadly and addictive narcotic in ABC stores called liquor.  They also sell licenses to operate cars without ignition interlocks.

These drug dealers, whose lawful conspiracy to distribute this narcotic substance was furthered by Baker enforcing their directives, know that when people use alcohol in the manner that it is intended to be used, they lose judgement.  This makes them bad at making a decision as to whether to get behind the wheel and then it makes them bad at driving.  But the government uses a device called an ignition interlock to reduce deaths on the highways.  It keeps the car from starting until you blow a clean breath sample.

The government knows this but has made the decision to continue selling the drugs.  Also, they have decided only to require ignition interlocks on some cars.  But people who have not yet gotten convicted of a DUI do not generally have an ignition interlock installed because they are not required to have one.  If David Baker wants to make a real change in DUI death, injury, damage and arrest statistics, he needs to start getting interlocks voluntarily installed in young people's cars at a reasonable cost.  But I have to give him credit for telling others how rotten it is to get charged with a DUI.  That's a really classy move for a guy who could just go out and play golf.

Virginia Beach DUI Enforcement Officer convicted of DUI, Hit and Run (UPDATE)

This amazing story has already been covered in the VA DUI Defense Newsletter. Officer Bryan Womble, a DUI specialist with the Virginia Beach Police Selective Enforcement Team has had his day in court. He was found guilty on both counts and has appealed.

Officer Womble was understandably upset, and it has been reported that he was brought to tears as he recounted his misadventures under the influence.  According to witnesses, Womble smashed another vehicle, then backed up, was said to have looked at the other driver and uttered a profane exclamation, after which he took off.

The arresting officer was Womble's own supervisor, Sgt. Scott Wichtendahl.  He testified that as he drove his suspect to take the breath test, Womble stated "I’m guilty, I just want to get this over with", and later blew a 0.15% BAC.  This explains why he got a sentence of five days, which is a mandatory minimum sentence at 0.15% BAC.  I feel sorry for Womble and I hope he keeps working in the DUI field - but this time as an expert witness.

Latest Shock in DUI News: Alexandria Chief of Police David P. Baker Charged with Drunk Driving

OK, it's really not that much of a shock. The bottom line is that another law enforcement officer has been arrested for drunk driving. This time it was Alexandria, Virginia's Chief of Police. According to the Times Dispatch, David P. Baker was charged late Saturday night. What makes it worse is that he was driving an unmarked city vehicle. What makes it much worse is that he allegedly blew a 0.19 BAC.

This is truly a sad story. What has happened stands to destroy a 40 year career in law enforcement. The chief's facing a mandatory minimum five day jail sentence, which we can be certain he will not enjoy. In addition to the incarceration, the Chief now faces a mandatory 12 month license suspension. To make matters worse, the license suspension comes with a special feature.

In Virginia, any driver who gives a breath or blood sample that tests at 0.15 or above will be required to install an ignition interlock device on *any* car he drives. I think this gadget is very clever. It won't let you start the car if you are drunk. Pretty effective! But how will this affect the Chief? Will the city let him put an ignition interlock device on a police car?

I think we can expect to see a retirement announcement pretty soon. That is really unfortunate. I know from my training as a DUI defense attorney that the breath testing machines are not that accurate. What if the chief was really sober? Unfortunately, police are pretty well married to the myth of breath testing for alcohol. For one of their own leaders to sit in court and expose the fallacies and innacuracies of breath testing would be most unusual.

Does this guy look happy about the way people are treated under current DUI laws?

Meet Virginia Beach Master Police Officer Bryan K. Womble, 36. He might look familiar if you have ever been arrested for DUI in VA Beach. He is a member of the Police Department's eight man Selective Enforcement team, which specializes in DUI. He's also the officer who arrested retired NFL star Bruce Smith last month on a charge of drunken driving.

I am looking at this mug shot and I want to feel sorry for the subject. But it's hard. You see, he's been going around lecturing people about the dangers of drunk driving. According to an article in Pilot online, "Womble... was one of two Beach officers to be flown aboard the carrier Theodore Roosevelt last year to teach sailors the dangers of drunken driving." Guess whose tax dollars paid for that adventure.

Now he's been arrested for driving under the influence. This is a familiar pattern. Cops get arrested for DUI quite frequently. Especially if they have been recognized for DUI arrests by their bosses or the hysterical buttinskies at MADD. No word on a BAC yet. Did he refuse? One would hope so, but he could have been a stone cold sober victim of faulty police tests that wrongfully labelled him as a drunk. Only time will tell. Good luck Bryan.

If Bryan asked my opinion (he didn't), I'd recommend calling Mike Tillotsen on Monday morning. I'd suggest asking him to provide representation in a very short-notice administrative license suspension hearing, cross examining the arresting officer while a court reporter captures every word.

UPDATE: Womble has already retained counsel. Attorney Larry Slipow is on the job, and hopefully he will get the best results for officer Womble. Best of luck Larry and Bryan!

California Cop Facing Second DUI Charge Within Six Months

Meet Hector Ortiz. He's a detective from the Merced, CA Police Department. I wonder whether he is really intelligent enough to be a detective. Not because of the DUI. That's a substance abuse issue rather than a matter of intelligence. Lots of cops are alcoholics, smokers, and, yes, drug addicts.

But Ortiz doesn't seem to learn when it comes to giving a breath sample. Back in January he was cited for DUI and gave a breath sample that registered 0.14 - almost double the legal limit. He was convicted for that DUI, fined $1,750, sentenced to 36 months informal probation, and required to complete a program for DUI offenders.

Last week he was arrested again for DUI. Incredibly, he gave a breath sample again. Most cops, prosecutors, judges and politicians who are arrested for DUI refuse to give a breath sample. They know that the "magical box" known as the breath alcohol testing machine will spit out a number that may or may not be good for them. That number may or may not be accurate, but it can certainly get you convicted and locked up in jail. But without a number, it can be very hard for the prosecution to even show probable cause for an arrest.

Brave Drug Warrior Defects; Charged with DUI

If one was to guess who is the biggest drug dealer in South Carolina, I would imagine it is the state government. They sell alcohol and tobacco, two of the most popular recreational drugs in America. Narcotics Officer Tommy Mangum of Chesterfield County, SC Sheriff’s Department is employed by the government. His job is to enforce laws punishing people who prefer drugs that compete with the drugs sold by the state. He was reportedly arrested for DUI at 3:33 a.m. on May 3, 2009.

It was reported that the Chesterfield County Sheriff’s Department responded to a call from an individual driving behind Officer Mangum who allegedly observed him driving “all over the road.” According to reports, after being pulled over Mangum still had the judgment to refuse to give a breath sample. He was subsequently placed under arrest and taken to the Chesterfield County Detention Center.

Mangum’s boss Chesterfield County Sheriff Sam Parker was “devastated and shocked” by the reported events. Parker acknowledged that “It’s something that he enforces everyday.” Parker apparently rewarded Mangum by suspending him instead of firing him. Mangum responded by reportedly checking himself into a rehabilitation facility.

Sheriff Parker was quoted as saying, “we had an officer that let something influence him and take over his life.” One has to wonder about that. If the drinking was that big an issue, why did it take Mangum actually placing the public in danger, then being arrested and charged with an alcohol related offense before some type of action or intervention occurred? Parker reportedly went on to say, “[Mangum] is a good officer. We are all human and we make mistakes.” Do the Sherriff’s Deputies say this on sentencing about the people they arrest? Sounds like a pretty forgiving philosophy.

One has to wonder how people who enforce drug laws everyday for the government could allow their judgment to be so impaired by a drug. Sure, he might have obtained and ingested it legally before getting behind the wheel. But then he placed the public in danger and his career in jeopardy just like someone who was impaired by crack, marijuana, meth, or any intoxicating substance. All is not well at the Chesterfield County Sheriff’s Department.

Cop Charged with DUI After Trying to Leave the Scene of an Alleged Assault

Meet Evan Fardanesh. He is a 9 year veteran of the Folsom Police Force, but this weekend he was arrested and charged with DUI. This case follows a very familiar pattern. It appears that Fardanesh had been drinking based on the reported 0.19% BAC that was taken at the scene.

Apparently the officer had been at a Mexican restaurant when he got into an altercation with a female patron. He allegedly shoved the woman, but the restaurant manager was reported as stating that she was surprised it resulted in a criminal charge.

His fellow officers allegedly found Fardanesh trying to drive out of the parking lot, and he was subsequently charged with DUI and battery, although the cops didn't lock him up at the jail, opting instead to release him to the custody of a "responsible party". Reading between the lines, one wonders whether this is the usual crazy girlfriend scenario.

It is entirely possible that the female patron was Fardanesh's date/girlfriend/spouse, and that she not only fueled his drinking but then started the altercation only to point the finger of blame once the cop had taken enough crap and finally pushed her off of him. This set of facts plays out every day across America, and Fardanesh has undoubtedly arrested many people in the same set of circumstances. It's a pity, but one really has to wonder why he provided a breath sample. Most cops are smart enough to refuse.

A DUI Lesson from MADD Award Recipient James Tragesser of the Smithfield VA Police

Meet SGT James Tragesser of the Smithfield Police Department. He is a pretty distinguished guy with a record that includes service in the Navy during the first Gulf war as well as a 2003 award from MADD for his DUI arrests. He also got arrested for DUI this weekend.

It's what I call the MADD curse. I frequently read about cops who have received an award from MADD getting arrested for DUI. Why is this? Well, it turns out that these police have been getting drugs from their bosses! These drugs cause the officers to lose their judgement while simultaneously gaining false confidence in their driving abilities. Then the drugs lead to impaired driving, close calls, or even accidents like the one that led to Tragesser's arrest.

You have probably heard of the drugs that the bosses are selling to these cops. Popular examples include Budweiser, Boone's Farm, and Aristocrat. Yes, I'm talking about alcohol. Every cop works for the government, whether it is the federal, state or local government. And all of these governments are selling alcohol and getting revenues from those sales.

I think SGT Tragesser should get credit for the good judgment he displayed. Rather than blow into their conviction machine and give his fellow cops a number to hang around his neck (which sometimes includes a mandatory minimum jail sentence), he declined. Good luck SGT Tragesser! I hope you find an aggressive and experienced DUI attorney who will provide you with a strong defense and help you keep your job.

Latest Cop Arrested for DUI: Sergeant James R. Simonson of the Tampa Police Department

Well, it's happened again. One of our nation's brave warriors in the fight against drunk driving has defected. SGT Simonson was arrested Sunday night by the Hillsborough County deputies and charged with DUI. He was released from jail this morning, and undoubtedly has already had a pointed if not pleasant conversation with his superiors.

The really noteworthy thing about this case is the reported BAC results, which were .085 and .082. I am wondering what kind of cop arrested Simonson. At a .08, drivers are only barely at the legal limit for DUI. Ten minutes later, he probably would have tested at .07 and gotten off the charge. What kind of professional courtesy are the cops down in Florida showing each other?

And I also had to wonder whether Simonson knows the not-so-secret method that reduces BAC on a breath machine. Many defendants have beaten DUI charges by using this method, but perhaps Simonson used it and still couldn't get below .08 anyway. One can only speculate. A really good DUI lawyer might be able to get this officer off the charge based on a rising BAC defense, but I don't know Florida law that well. My advice to this unfortunate cop: Call Flem Whited or Vincent Pellegrino the minute you read this. They can help.