You've heard this story before. Someone you know encounters a cop who lies. Cop says something in his report but it can be true because it's impossible.
San Diego DUI lawyers deal with lying cops from time to time. California drunk driving attorneys point out a reporting of events which have not yet taken occurred can only be a “patent physical impossibility” which obviously fails to “reflect some relationship with the physical world we know” [Manning v. DMV (1998) 61 Cal.App.4th 273]
In Los Angeles California, there's today's story of a DUI cop and a ex-cop charged with perjury and filing a false report engaged in actions "entirely unacceptable" and were "extremely misguided," Los Angeles Police Dept. Chief Charlie Beck exclaims.
On copy was fired; the other will be.
Craig Allen, 39, and Phillip Walters, 56, face criminal charges and surrendered at the California Superior Court upon the issuance of arrest warrants, DUI lawyers and the Los Angeles County district attorney's office report today.
These 2 ex-motorcycle cops patrolled September 4, 2010, when they were sent to help another officer who had stopped a DUI suspect. The cops allegedly arrived at the scene 15 minutes later, but Allen stated in a written report that he had made the stop himself after witnessing the driver disregard two stop signs, the LA district attorney's office says.
Walters then allegedly testified months later at a hearing that he had been with Allen at the time of the traffic stop and had also observed the driver fail to stop.
California DUI criminal defense lawyer Craig Sturm caught the cops. He obtained the dispatch log and tape.
The accused driver said the 2 officers who claimed to have pulled her over didn't arrive until approximately fifteen minutes after initial single officer stopped her and was almost finished with the roadside acrobatics.
At the hearing, the officer testifies he had independent recollection of stop and driving, not just refreshed memory from report. Cop marked where he was and where the accused was when he observed driving on a Google map. Cop admitted his call tag and partner call tag for the night.
This brilliant California DUI defense attorney showed the cop the log which had him responding to stop after stop, but the cop initially denied it and said it was wrong.
The attorney then played the tape which he said he was on his way after stop; cop finally admitted it was his voice and he never actually observed driving. Then the prosecuting DUI attorney dismissed the case after that.
"I am truly saddened by the events that led to the perjury charges pending against two of my officers. I do not believe that their intent was evil, just extremely misguided, " says the Chief.
Thank goodness this has come to light