"Have you forgotten that I'm a detective?" - Another CPS doesnt accept his DUI
http://www.calgaryherald.com/news/Ca...930/story.html
CALGARY - A 17-year veteran city police officer on trial for impaired driving is questioning a fellow officer's grounds for arresting him at a checkstop while off duty last winter.
Defence lawyer Tim Foster said he was challenging the proof of impairment and the reasonable and probable grounds for the arrest of Det. Travis Dartt Dunkle just before midnight on Jan. 17 at Richmond Road and 17th Avenue S.W.
The challenge is being heard in a voir dire that began Monday, a trial within a trial to determine the admissibility of evidence.
Under cross-examination of Const. Sheldon Hamm, the arresting officer, Foster questioned all of the signs of impairment cited by Hamm.
Hamm earlier told Crown prosecutor Robert Niblock that he immediately recognized Dunkle as a superior officer under whom he worked in 2005, when he pulled the senior officer over in his 1996 Ford Explorer that night.
Hamm testified he could smell the strong odour of alcohol on Dunkle's breath.
He said he asked Dunkle, 42, about his consumption and he replied he had one drink. Hamm said when he asked him again, Dunkle said it was two drinks.
Hamm said Dunkle was unable to pull his wallet out of his pocket on request, then he observed the accused having a problem walking and was unsteady on his feet, "swaying from side to side."
He said he called his sergeant to deal with Dunkle, then took him to the nearby checkstop bus.
Between breath samples while sitting in the bus, said Hamm, Dunkle stared into his eyes and said, "Have you forgotten that I'm a detective?"
A few seconds later, he said Dunkle swore at him. After the second sample, said Hamm, Dunkle was read his rights and formally charged with impaired driving and driving with a blood-alcohol level over the .08 limit.
Foster told the judge he also wants the Crown to produce the maintenance logs and calibration records for the Intoxylizer used that night to support the .08 charge.
Following a brief closed-door meeting with Foster, Niblock told provincial court Judge Gerald LeGrandeur he will attempt to obtain the documents from Calgary police.
The case was adjourned until Dec. 11 so both lawyers can prepare arguments on the voir dire for trial continuation, likely in February.
Dunkle has been suspended from regular duties with pay pending the outcome of the charges.
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Whats his argument? I'm above the law bitch! "Have you forgotten that I'm a detective?" Lol
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Const. Hamm.
Originally Posted by rage2
