Case dismissed in Routt County for lying cop
Another one, this has been a busy month and I have been on a roll winning DMV hearings and cases. My client left work as a bartender around midnight, eating dinner as she drove. She weaved some and was speeding. Cop initiated contact. Client admitted to drinking a glass of wine during closing. Client allegedly failed roadsides and blew .148 at station. Cop signed the EBAT printout confirming he had correctly followed the rules of the Colorado Department of Public Health and Environment while administering the I-9000. At DMV hearing, I got officer to admit that fingers, mouth piercings, and hair bands were foreign materials. I then played the BWC showing the officer not properly instructing client to avoid introducing foreign materials into her mouth during the deprivation period. Client displayed a tongue ring on camera when sticking her tongue out at the officer midway through the deprivation period. Client put her fingers into her mouth 14 times biting her nails, and because she was bartending, certainly had alcohol residue on her hands. She also was taking hair ties or rubber bands out of her pocket and sucking on them before placing them into her hair, possibly putting hair product back into her mouth. And at one point, she licked her palm on BWC. I asked the officer if this could possibly contaminate the sample and he confirmed. I then confronted the officer that he either lied under oath that he had followed the rules and regulation of the CDPHE or falsified the official document. He got very quiet after that. Hearing officer dismissed revocation and DA dismissed the alcohol charges and client plead to speeding 5-10 over, $70 fine and 1 point on license. This was Officer Cory Anderson and was his first DUI arrest. Clay Shipp, Esq.