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Thursday, September 1, 2011

Seattle Bothell Kirkland King County DUI Drunk Driving Lawyer: It's okay to Lie if you're a Seattle DUI Officer

Seattle Bothell Kirkland King County DUI Drunk Driving Lawyer:  It’s okay to Lie if you’re a Seattle DUI Officer

Seattle Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable

(425) 493-1115

A judge Thursday declined to dismiss a drunken-driving case or suppress the arresting officer's testimony despite the officer's admission that he violated Seattle police policy when he falsely stated his sergeant had screened the arrest.

"In short," said Seattle Municipal Judge Steve Rosen, the legal wrangling is "much ado about nothing."

Lawyers for Luis Negrete-Ramos asked Rosen to dismiss the case or suppress the testimony because of the officer's action. Assistant City Attorney Matthew York opposed the request.

Rosen said evidence showed the action stemmed from a longstanding practice in which officers were given preapproval from their sergeants for routine driving-under-the influence (DUI) arrests.

The officer, John Velliquette Jr., a member of the DUI Unit, did not act recklessly or negligently, nor show bad faith toward Negrete-Ramos, Rosen said, rejecting defense arguments.

The court hearing grew out of a Seattle police internal investigation, which found that DUI arrests were routinely rubber-stamped or falsely certified without approval by a supervisor.

The internal investigation was launched in March after an audit found the mishandling of dozens of DUI cases.

A sergeant who allegedly permitted the improper screening remains under investigation.

The department found that two members of the DUI Unit routinely used the sergeant's signature stamp without having him approve their arrests as policy requires, according to an internal-investigation report.

Velliquette put written statements in his reports indicating his sergeant had screened his arrests, even though the sergeant had not actually reviewed the cases, the June 22 report said.

The three officers were cleared of misconduct allegations involving honesty and arrest procedures after the department's Office of Professional Accountability (OPA) heard testimony that the practice had been going on for 20 to 25 years and that most law-enforcement agencies do not require DUI arrest screening because most suspects are released after processing.

According to the report, the OPA also considered DUI officers the department's "experts in the identification, arrest, processing and courtroom presentation of evidence" and that "it is unnecessary to have a [sometimes] less knowledgeable sergeant reviewing their reports."

Although the allegations were not upheld, all three officers were ordered to undergo supervisory counseling and training for violating department policy. They were put on desk duty when the investigation began but have been returned to DUI patrols.

In March, DUI cases involving the three officers were put on hold pending the outcome of the internal investigation. The hold was lifted a few weeks ago, allowing the officers to testify subject to cross-examination.

For information on your Washington State DUI / Drunk Driving, Snohomish County DUI, King County DUI, Skagit County DUI, Island County DUI or Whatcom County DUI  please contact our Washington State DUI drunk driving attorneys for a free consultation at 425-493-1115, email us at david@davidjollylaw.com, or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com.  We represent DUI clients in every court in Western Washington including Seattle DUI cases, Kirkland DUI cases, Redmond DUI cases, Shoreline DUI cases, Lynnwood DUI cases, Everett DUI cases, Mukilteo DUI cases, Marysville DUI cases, Mt. Vernon DUI cases, Anacortes DUI cases, and Bellingham DUI cases.

Author of The DUI Handbook for the Accused, DUI/DWI: The History of Driving Under the Influence, The DUI Investigation Handbook, The Traffic Ticket Handbook and The Drug DUI Handbook

Seattle Bothell Kirkland DUI / DWI / Drunk Driving Lawyers- Experienced, Successful, Affordable (425) 493-1115

 

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