Friday, October 24, 2014

New Way to Use Cell Phone to Get DUI Dismissed in California, attorneys relate

If you enjoy nude or half-nude photographs of yourself, keep them on your cell phone.  If arrested for California DUI, and a cop decides to forward those photos to his or her phone, your lawyer can probably move to dismiss the drunk driving charges no matter how high your blood alcohol level is.

One such California Highway Patrol officer is accused of sending nude photos of a drunk driving suspect to his own cell phone.  But that's not news because it's a "game" among the California Highway Patrol DUI cops, attorneys discover.

Criminal Prosecutors in Contra Costa County filed felony computer theft charges against California Highway Patrol DUI Officer Sean Harrington, who investigators said forwarded (stole) the photos during an Aug. 29 DUI traffic stop.

The 35-year-old Harrington and his partner stopped the woman, whose name was not released, on Interstate 680 in San Ramon for an unsafe lane change, reported the Contra Costa Times.

Officers said the woman failed field sobriety tests, and she was taken into custody after blowing .29%, nearly comatose.

The woman told investigators that Harrington asked for the password to her cell phone, which she provided.
Investigators said Harrington found photos of the woman in a bikini or partially nude and then forwarded six of them to his own cell phone about 2:08 a.m.

The woman’s iPhone was synced with her iPad using the iCloud service, investigators said, which revealed the photos had been sent to a number with an 707 area code at the time she was in police custody.

She researched the number and found it belonged to the officer who arrested her, prosecutors said.

Police executed a search warrant last week at Harrington’s home, where they said they found photographs, text messages, and instant messages from the woman’s phone on the officer’s electronic devices.

The woman’s drunken driving case was dismissed due to the investigation into the photo theft.