November 06, 2012 (Press-News.org) A district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility.
The judge found that the police officer, a corporal in the Utah Highway Patrol, had given false testimony about reprimands she had previously received. As a result, the judge concluded that the officer's testimony regarding the DUI arrest was unreliable and could not be used to convict the suspect, according to a report by the Salt Lake Tribune. The UHP officer testified that she had arrested the man on suspicion of DUI after pulling him over for a broken license plate.
Under the Fourth Amendment's ban on unreasonable searches and seizures, a police officer may not legally conduct a traffic stop unless he or she has a reasonable suspicion that the driver has broken the law. For instance, an officer may stop a vehicle after witnessing the driver run a stop sign, which violates traffic laws, or after seeing a vehicle weaving in and out of lanes, which creates a reasonable suspicion that the driver may be intoxicated.
After the judge determined that the UHP officer's testimony about the broken license plate was not credible, he dismissed the case because it was unclear whether there was a reasonable to suspicion to justify the traffic stop as required by the Constitution.
According to the Salt Lake Tribune, the officer involved in the case has been taken off patrol and reassigned to non-law-enforcement duties pending an investigation by the UHP and the Utah County Attorney's Office. She was found to have made false statements about reprimands for failure to follow UHP procedure during traffic stops in 2010, which her attorney characterized as common mistakes among police officers, the Tribune reported.
If you have been charged with DUI in Utah, contact an experienced DUI defense lawyer to help protect your rights and defend against the charges.
Article provided by Ayres Law Firm
Visit us at http://www.utahduihotline.com
Utah DUI Case Dismissed After Officer's Credibility Questioned
A district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility.
2012-11-06
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[Press-News.org] Utah DUI Case Dismissed After Officer's Credibility QuestionedA district court judge in Salt Lake County, Utah, made an unusual move recently when he dismissed a DUI case after questions arose about the arresting officer's credibility.