People v. Malega
(Drunk Driving) 52-2 District Court Clarkston
Rob nearly hit a sheriff’s car and blew a .09 on the breathalyzer. After finding there was an in car dash cam that was not turned on, and hearing the arresting officer lie, the jury found Rob Not Guilty.
Rob was pulling out of the Sportsman bar in Clarkston. He did not see the sheriff’s car coming because there was a motor home blocking his view. Rob almost t-boned the sheriff’s car but hit the breaks at the last second. The sheriff did a u-turn and stopped Rob. He gave Rob field sobriety tests which he said Rob failed. Rob blew a .09 on the breathalyzer. He was cited for impaired driving. The sheriff’s car was equipped with an in car video but Deputy Neff, the arresting officer, said it was broken.
I subpoenaed the deputy to bring the repair records for his vehicle and his field sobriety training manual. I subpoenaed his commander to bring the same documents. The deputy testified as expected. I confronted him with the regulations, which require him to use his video camera on all arrests. He confirmed that his camera was broken, otherwise he would have used it. He also said that he did not bring his manual because he called his commander to bring it. He didn’t know that I had also subpoenaed his commander. His commander testified that the camera was never broken and that he implores his deputies to use the cameras, but that many refuse to use them. He also said that the deputy never asked him to bring his manual. It was obvious to the jury that deputy Neff was a flat out liar. Rob also testified on his behalf. The prosecutor asked the following questions:
Q: They serve water at the bar?
Q: They serve orange juice at the bar?
A: I don’t know. I’ve never ordered orange juice.
Q: They serve Coca Cola at the bar?
Q: And you did not order any of those?
A: That’s not true. I ordered a Coke. I just had some Jack in it.
Q: Exactly, because you like the way it makes you feel?
A: That’s true but it takes a lot more than three to get me to that feeling.
The jury was out less than five minutes before finding Rob innocent. That still is the record in that courthouse.