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Jul
5

Pre-Written DUI Arrest Reports

by admin

When a deputy makes a DUI bust, the officer writes an arrest report. It’s the official record of what the deputy says happened. But Eyewitness News in Orlando has uncovered dozens of Orange County DUI arrest reports that apparently have come from pre-written templates. One report, for instance, says the suspect “stumbled slightly when walking and swayed moderately … with a three inch to five inch orbital rotation/sway.” At least ten reports, written by the same deputy over a six-month period, use the exact same phrase. Even reports written by other deputies contain that exact phrase.

In many reports, the deputy noticed the “strong odor of an alcoholic beverage within my interior cab.” That exact phrase appears in report after report. And it’s there whether the suspect’s blood alcohol content was anywhere from .03 to .16. 9 Investigates found 11 other reports, written by a different deputy, that use those exact words, again, no matter how much the suspect had to drink.

“It just doesn’t smell right,” said DUI defense attorney Stu Hyman. “It’s a sad state of affairs when somebody hasn’t even committed the offense yet, but the report has already been written.” 9 Investigates found one deputy whose suspects always do an “orbital rotation” and always “counter-clockwise.” Five deputies always leave their suspects in the car for exactly five minutes before smelling alcohol. In one case, a suspect was described as “he/she.”

It all leads Hyman to believe the reports were pre-written. “Why is it that everyone is swaying three to five inches? Why isn’t it two to eight? Why not one to seven inches?” questioned Hyman….

The TV Station found court testimony where a deputy indicated the sheriff’s office has computer DUI templates. The deputy testified, “I’ve been told people use them. I just choose not to.”

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This entry was posted on Monday, July 5th, 2010 at 1:34 pm and is filed under Driving Under the Influence. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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