Charges dismissed, Colorado State Patrol apologizes

On behalf of Anaya-McKedy, P.C. posted in Drunk Driving on Saturday, December 31, 2011.

Miles away from Colorado Springs in Mesa County, a businessman said he has now received a written apology from the Colorado State Patrol after being arrested in summer and taken to court on false accusations.

According to the 51-year-old man, he was stopped in his vehicle at about 9 p.m. by a male Colorado State Trooper while driving on U.S. Highway 6. The trooper claimed the man had been speeding and said he suspected the man of drunk driving.

Although the man admitted to having a glass of wine a number of hours before, he was not impaired.

However, he said the trooper made him undergo a series of sobriety tests and requested a breathalyzer test, which the man performed.

In a report, the trooper claimed that although the man had failed the roadside tests and blew a .000 percent breathalyzer test, he believed the motorist was under the influence of something other than alcohol.

The trooper said it appeared the driver had been under the influence of marijuana, so he handcuffed the man and placed him in the police cruiser.

The man paid for a private blood test, and while in court, a Mesa County Prosecutor reported there were no traces of alcohol or marijuana in his blood sample.

A district attorney made a motion to dismiss the charges.

After an investigation, the State Patrol discovered the trooper involved was biased against those whom he believed may have consumed alcohol or done drugs before getting behind the wheel, and that his reports contained incorrect information.

Since the case closed, the State Patrol has dismissed eight other drunk driving cases reported by the now former trooper, and more are expected to be under review.

Source: Daily Sentinel: “State Patrol apologizes to Palisade man after court dismisses charges,” Paul Schockley, Dec. 9, 2011