Wake County: A DWI review has seen in excess of 100 DWI cases dismissed. The cases have been dismissed due to a sheriff’s deputy lying on the witness stand. The deputy in question has now been disqualified. The deputy belonged to the DWI Task Force (witness). The DWI review raised questions of integrity over some cases. As the deputy had put forward unreliable accounts in some he was deemed not competent to further testify. As a result of the DWI review the deputy was also fired after fifteen years of service. An order attached to one case detailed 3 incidents of false statements on the witness stand and in court documents. One case involved a female stopped on August 2nd 2014. The deputy accompanied the female to the police dept for a breath test. Video and audio recording was also present within the room.
The DWI review details DWI law in that any test can be refused. However, as a result, the driver’s license is revoked for a year by the state. An attorney may also be called for advice or as witness. A delay of the test can not be any longer than 30 minutes. The driver was not allowed the required time to make witness contact. However she was recorded as having not requested one. The driver had further questions surrounding the breath test however she was marked down as refusing. Paperwork was then filed with the State’s Division of Motor Vehicles detailing the supposed refusal. Thus automatically revoking her license for a year.
A notice was sent to the female by DMV confirming the license was to be revoked. A hearing was requested and allocated for March 4th 2015. The hearing confirmed the conflicts over the witness request. Also the attempt to phone someone but was unable to obtain an outside line. While the 30 minutes hadn’t expired the deputy was seen to be pushing the female in to the test. A further case on February 22nd 2014 saw the deputy making further allegations following another DWI stop. On this occasion the deputy tasered the female twice.
The Raleigh Police Department, in 2014, were in receipt of $525,000 by way of a Federal Grant. This underpinned a special unit which focused more on DWI checkpoints for impaired drivers. This coupled with a task force of it’s own. The DWI review confirmed Wake County had 5,741 DWI arrests from July 1st 2014 to June 30th 2015. This was the highest amount in the State for any county. The most populous county (Mecklenburg) had around 2,000 less DWI arrests. For further reference please follow this link.
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