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Posted: 4/23/2024 4:09:37 PM EDT
https://www.azfamily.com/2024/04/23/dozens-drivers-arrested-jailed-dui-despite-test-results-showing-no-alcohol-their-system/
HONOLULU (HawaiiNewsNow) - Over the last two years, dozens of Oahu drivers have been arrested for operating a vehicle under the influence with breathalyzer results of 0.00 — meaning no alcohol showed as present in their system, HNN Investigates has found. In 2022 and 2023, nearly 300 drivers who were arrested had breath or blood test results below the legal limit of 0.08, according to HPD data on arrests that did not result in charges. Even more concerning, there were 69 people with results of 0.00. HNN Investigates To better understand the situation, HNN obtained body camera videos from two recent cases. In one of those cases, on January 24, an 18-year old was pulled over on Moanalua Freeway near the stadium just after 10 p.m. Body camera videos show an HPD officer talking to the high school senior who was driving a white pickup truck. “I pulled you over because you were swerving,” she said. The driver said he hit the gas on the onramp and his truck’s tires slipped on the wet road. The officer then told the driver, “Your eyes look a little red and watery.” She asked him to take a field sobriety test. He declined and the high school senior was cuffed and taken to the Pearl City substation. At the station, he agreed to take the breath test and HPD records show, he blew 0.00 — there was no alcohol detected by the breathalyzer. Charges weren’t filed, but the arrest was on record because he was an adult. His parents paid $35 to get the arrest expunged. “When I was a policeman, I never had anybody blow triple zeros,” said Jonathan Burge, a former HPD officer who is now a defense attorney specializing in traffic cases. Burge said the department puts pressure on officers to make drunk driving arrests, “especially if you’re in these specialized units, where there is an unwritten quota.” Victor Bakke, a former city prosecutor turned defense attorney, said unwritten quotas are a way for the department to gauge success when it comes to programs that get federal funding. “Otherwise, what are their officers doing out there all night, just sleeping on the side of the road? So there is pressure on them,” Bakke said. Another attorney specializing in traffic cases, Pat McPherson, said officers will sometimes make an arrest at the beginning of their shift so they don’t have to worry about it for the rest of the night. “They arrest the first person,” McPherson said, then they don’t go back out. HPD declined requests for interviews. In a statement, Deputy HPD Chief Keith Horikawa did not use the word quota, but said “supervisors may have goals and standards that are pertinent to their unit to help guide the personnel under their command.” Horikawa said in his statement that “the Traffic Division has conducted additional training in department procedures and operations for its personnel.” That training happened months after HNN Investigates requested the arrest data from the department for this story — and after a story HNN Investigates aired in December about a man who was arrested despite having no alcohol in his system. Ammon Fepuleai, 36, was pulled over on Nov. 7, 2023 at a DUI checkpoint on Kamehameha Highway at Ka Uka Boulevard. Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. But when the breath test showed no alcohol in his system, the officer arrested him anyway, saying he suspected drug use instead. Legal experts said the arrest could be seen as a civil rights violation. “I felt embarrassed. I felt profiled,” Fepuleai said. HNN Investigates received data from the Honolulu Prosecutor’s Office that showed most cases that HPD refers to them are declined. Last year, HPD sent 1,283 cases for prosecution but 1,038 were rejected — that means 80% were declined. A spokesman for the Prosecutor’s Office said the department “will not file charges unless it is confident it can prove guilt beyond a reasonable doubt with admissible evidence.” McPherson said drivers who are not intoxicated should take the breath test. “That is your salvation. If you blow triple zeros, we know that you haven’t drank,” he said. Meanwhile, Burge noted, arresting people who are innocent has another effect. “The drunk guys are left on the road,” he said. View Quote |
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Isn’t there enough crime that they don’t need to go making it up? My fave was the drug whisperer cop in Georgia. The people he arrested for driving under the influence of drugs kept coming up with clean post arrest drug tests and they actually said it was the lab tests were wrong and their drug recognition expert was right as he was so highly trained.
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The hits just keep rolling in.
Oh sure, it's only a few bad apples here and there, certainly it couldn't just be the WHOLE FUCKING INDUSTRY is corrupt! |
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(In my best Chief Wiggins voice from the Simpson's tv show), "That is mighty fine police work."
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I've heard of a few dui supercops who were finally exposed for railroading innocent drivers. (one was in Corvallis, OR and I think the other was in NV)
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We really need to sell Hawaii to Japan. Split WA, OR, CA down the Cascades & Sierras and create a new state. No need for a new flag.
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There will likely be some cops here that will try to justify it.
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The prosecutor should have to serve all that time combined and pay all those fines and court costs seized from his personal assets.
That's how you stop law abuse. |
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Man, this nation is just falling apart.
Everything is a mess. |
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Drugs that smell like alcohol. “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. But when the breath test showed no alcohol in his system, the officer arrested him anyway, saying he suspected drug use instead. It begs the question, if arrested for driving under the influence of drugs wouldn’t they do a blood test or are they relying on their FSTs? This guy was profiled in the article presumably as a bad arrest and was specifically arrested for drugs not alcohol. |
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I'm not a cop but I've seen plenty of people driving under the influence of intoxicants other than alcohol.
When the pill epidemic was in full swing you'd see guys nodding out while driving, doing 20 under the limit, swerving within the lane, and driving the wrong direction. They'd fail the field sobriety test but pass the breath test. They'd take them to jail and do a blood test where they'd test positive for something intoxicating. |
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Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. They are called liars. |
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Quoted: The prosecutor should have to serve all that time combined and pay all those fines and court costs seized from his personal assets. That's how you stop law abuse. View Quote View All Quotes View All Quotes Quoted: The prosecutor should have to serve all that time combined and pay all those fines and court costs seized from his personal assets. That's how you stop law abuse. The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. data from the Honolulu Prosecutor’s Office that showed most cases that HPD refers to them are declined. Last year, HPD sent 1,283 cases for prosecution but 1,038 were rejected — that means 80% were declined. |
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Quoted: I've heard of a few dui supercops who were finally exposed for railroading innocent drivers. (one was in Corvallis, OR and I think the other was in NV) View Quote ETA: Ok, looked her up (former) Corporal Lisa Steed and Trooper of the Year (she had over 750 DUI arrests) Utah A.G.'s office settles lawsuit over DUI arrests of former Trooper Lisa Steed |
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Quoted: The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. View Quote Yeah. If literally anyone in the private sector fucked up 80% of the time, you can guess what would happen in short order. Must be nice to work for .gov and the bar is so low you'd have to be flat out literally criminal, and prosecutable at the the level you work at, to get fired. |
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Quoted: Quoted: They’re called drugs. Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. They are called liars. A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. |
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Quoted: Yeah. If literally anyone in the private sector fucked up 80% of the time, you can guess what would happen in short order. Must be nice to work for .gov and the bar is so low you'd have to be flat out literally criminal, and prosecutable at the the level you work at, to get fired. View Quote View All Quotes View All Quotes Quoted: Quoted: The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. Yeah. If literally anyone in the private sector fucked up 80% of the time, you can guess what would happen in short order. Must be nice to work for .gov and the bar is so low you'd have to be flat out literally criminal, and prosecutable at the the level you work at, to get fired. Where I work a DA will try to drop vehiclular manslaughter charges because it might get the accused deported. No shit. |
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Quoted: Why let that one bad apple spoil the who damn bunch? View Quote That’s really the issue. You have a lot of good kids get in the force to make the world a better place. Then they see the bad cops getting away with criminal acts while getting raises and promotions. It can wear on you. Then every cop TV show out there shows the rule benders as the good cops while Internal Affairs cops are the bad guys and assholes. It can make a young, idealistic cop start to think America wants crooked cops, as long as they are arresting people instead of enriching themselves. |
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At what point are we gonna start pounding these tyrannical
peoples heads in? |
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Theres a metric ton of drunks out there (alcohol and drug based) so there isnt a need to make up anything to find a DWI arrest if you want one. Here, it takes you about 3 hours to process a single DWI suspect (then youre going to be going to court for at least a year) so not a lot of people want to do them. In fact, if you just above a .08 (if talking standard DWIs) and appear to be going down we arent even going to take you since you'll be blowing under a .08 by the time you get to the Intox machine. Now if you are suspected on drug related DWI then one of the DRE qualified people have to come in and do their thing.
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30% of women drivers are medicated 24/7.
What percentage drive stoned? |
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Quoted: The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. View Quote View All Quotes View All Quotes Quoted: Quoted: The prosecutor should have to serve all that time combined and pay all those fines and court costs seized from his personal assets. That's how you stop law abuse. The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. data from the Honolulu Prosecutor’s Office that showed most cases that HPD refers to them are declined. Last year, HPD sent 1,283 cases for prosecution but 1,038 were rejected — that means 80% were declined. Could be that he knows he won’t get a successful prosecution because the jurors are so liberal. Could be that he’s a leftist and doesn’t believe in dui’s. Could be the department is making bad cases. Could be a combination |
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Quoted: A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: They’re called drugs. Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. They are called liars. A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. Impossible. Everything is cut and dried in GD land |
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Quoted: The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. View Quote You would lose your shit if you saw the number of charges (misdemeanor and felony) that the DA's office simply dismisses whether it is a solid case or not.. Here are a few examples: stolen car with keys in the ignition, 2 ounces of Cocaine in the floor board of the car driven by the owner but owner doesnt admit to knowing it is Cocaine, guy gets into an argument with a girl (inside of her apartment) and literally carries her to the door and throws her out of her own apartment (he didnt live there or claim to live there), etc etc. |
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Quoted: Are there any good cops any more? View Quote There's TONS of cops that don't do shit like this. In fact, with something like 700k police officers across the US and only a couple incidents of police abuse reported a day... >99% of cops out there aren't abusing people rights. The problem is that other 99% either look the other way whenever it happens, sweep it under the rug, or circle the wagons around the offending officer to protect them. |
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Quoted: You would lose your shit if you saw the number of charges (misdemeanor and felony) that the DA's office simply dismisses whether it is a solid case or not.. Here are a few examples: stolen car with keys in the ignition, 2 ounces of Cocaine in the floor board of the car driven by the owner but owner doesnt admit to knowing it is Cocaine, guy gets into an argument with a girl (inside of her apartment) and literally carries her to the door and throws her out of her own apartment (he didnt live there or claim to live there), etc etc. View Quote View All Quotes View All Quotes Quoted: Quoted: The DA is declining to press charges in 80% of cases that are brought to them. Someone needs to see what the fuck is going on with that dept. You would lose your shit if you saw the number of charges (misdemeanor and felony) that the DA's office simply dismisses whether it is a solid case or not.. Here are a few examples: stolen car with keys in the ignition, 2 ounces of Cocaine in the floor board of the car driven by the owner but owner doesnt admit to knowing it is Cocaine, guy gets into an argument with a girl (inside of her apartment) and literally carries her to the door and throws her out of her own apartment (he didnt live there or claim to live there), etc etc. What % does that come to overall? |
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Quoted: A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: They’re called drugs. Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. They are called liars. A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. When I read this story I thought to myself “There’s no way someone can try to defend this.” Way to simultaneously exceed and completely miss expectations. |
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Quoted: Isn’t there enough crime that they don’t need to go making it up? My fave was the drug whisperer cop in Georgia. The people he arrested for driving under the influence of drugs kept coming up with clean post arrest drug tests and they actually said it was the lab tests were wrong and their drug recognition expert was right as he was so highly trained. View Quote We just had another cop here in GA make the news for similar shit. "Florida has Florida Man Georgia has Georgia Officer" |
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Quoted: https://www.azfamily.com/2024/04/23/dozens-drivers-arrested-jailed-dui-despite-test-results-showing-no-alcohol-their-system/ H "That is your salvation. If you blow triple zeros, we know that you haven't drank," he said. Meanwhile, Burge noted, arresting people who are innocent has another effect. "The drunk guys are left on the road," he said. View Quote View Quote I'm also saddened but slightly amused that Burge thinks THAT is the biggest downside to this behavior by law enforcement. No, the biggest downside is that the public continues to lose more and more respect for these organizations and more and more considers them to be the bad guys rather than the good guys. And that's coming from someone who is very strongly in favor of more strict penalties for drinking and driving. We NEED law enforcement to be respected and functional in this country, permitting this kind of thing leads to the opposite, which is bad for everyone. |
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I like how there is always the "few bad apples" angle. The problem is, when you have a "few bad apples" everywhere, they become more of a significant number.
Or course cops have quotas. It's funny that their own departments can't trust them or their work ethic enough to do their job and have to set "goals" to keep them busy. |
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Quoted: Impossible. Everything is cut and dried in GD land View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: They’re called drugs. Body camera video shows the officer told Fepuleai, “I do detect the odor of alcohol.” Fepuleai told the officer that he does not drink at all, and agreed to do the field sobriety tests, including the breath test. Fepuleai blew 0.00 at the scene. The officer used the smell of alcohol as probable cause to get Fepuleai out of the car. They are called liars. A car can smell like alcohol and the person not be drunk. Don’t be so quick to feel for all the poor souls in the article. I know acab and apples or whatever nonsense you’re programmed to say but DUID is a thing. So are people who smell like alcohol and an arrest will take so long they’re under the legal limit by the time they hit booking and finish a test. A DUI can last hours. Especially if it’s an accident (and many are) and the suspect needs to go to the hospital first. Or it’s too much to write a warrant. A DUI investigation can be manpower intensive for a simple misdemeanor. And an arrest simply solves the problem without prosecution. It’s not ideal but staffing is what it is these days. Lawyers have made DUIs some of the most complicated trials. An aggravated assault or robbery is an easier case. I’m sure these simple reasonable explanations will now be completely dismissed. Carry on. Impossible. Everything is cut and dried in GD land What is the legal standard of proof metric for positively confirming a DUI? Is it "smells like", or maybe something a bit more concrete? Such gamey approaches to "investigation" pretty much erases any reason to take officer testimony at face value, & certainly not consider it as credible evidence. I expect evidence based on established & reliable standards of proof. No hard evidence = no bueno. |
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