When the police finally got there, all but one said the officer smelled of alcohol, had slurred speech, and was walking around in a very wobbly manner. The other, who talked to him for five minutes, said he thought the officer was sober. But, and here is the important part, the officer refused to take field sobriety or breath tests. Because of that fact, and the fact that there was conflicting testimony, the State Attorney General's Office reduced the charge to negligent driving, citing a lack of evidence:
Part of the problem for prosecutors is that Salcido refused to take field sobriety and breath tests, and there is no video showing the symptoms of drunkenness the four deputies reported, Ripplinger said. All they have is a black-and-white video of Salcido sitting in a patrol car answering questions without slurring his words.Why is this important? As your Seattle traffic attorney I can not say this enough, when you are in trouble do as those that know how to stay out of trouble do. What I mean is, when this park ranger came under the gun he did what he knew would help him out the best - he refused to take field sobriety tests and refused to take a breath test (though you should speak to your Seattle traffic lawyer before deciding whether or not to take a breathalyzer test at the station). Without evidence to prove you were guilty of a Seattle traffic infraction, they would not be able to convict you of an Seattle DUI.
The victims in the case are outraged, and I can understand that. From all accounts in the story, it appears the guy was drunk and the State Attorney General's Office is just doing what all law enforcement agencies do - take care of their own. But, the next time you are confronted with a Lynnwood DUI, for instance, do as they do. Give your Lynnwood DUI attorney what they need to fight your case the best they can - no evidence for the prosecutor to use.
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