Category Archives: Traffic Tickets
Utah trooper accused of making false DUI arrests The officer, once praised for her knack for finding drunk drivers, is out of a job and facing lawsuits
SALT LAKE CITY — During her 10 years as a Utah state trooper, Lisa Steed built a reputation as an officer with a knack for nabbing drunken motorists in a state with a long tradition of teetotaling and some of the nation’s strictest liquor laws.
Steed used the uncanny talent — as one supervisor once described it — to garner hundreds of arrests, setting records, earning praise as a rising star and becoming the first woman to become trooper of the year.
Today, however, Steed is out of work, fired from the Utah Highway Patrol, and she — and her former superiors — are facing a lawsuit in which some of those she arrested allege she filed bogus DUI reports.
“If we don’t stand up to Lisa Steed or law enforcement, they just pull people over for whatever reason they want,” said attorney Michael Studebaker.
Steed declined to comment, but her attorney Greg Skordas said she denies the allegations. She is trying to get her job back.
The people snared by Steed say the arrests disrupted their lives and were costly to resolve.
Michael Choate, a now-retired aircraft logistics specialist at Hill Air Force Base, said he nearly lost his security clearance and job.
Steed stopped him because he was wearing a Halloween costume and booked him even though three breathalyzers tests showed no alcohol in his system. Choate said he spent $3,800 and had to take four days off of work to get his DUI charged dismissed.
The 49-page lawsuit includes two defendants, but Studebaker said dozens of others are lined up and willing to tell their stories. He said they are requesting the lawsuit be broadened into a class action lawsuit.
Every one of her DUI stops back to at least 2006 should be under suspicion, he said, adding that could be as many as 1,500 people.
The lawsuit, filed in December, also accuses the Utah Highway Patrol of ignoring Steed’s patterns of higher-than-normal DUI bookings and waited too long to take her off patrol. The agency declined to comment.
Steed joined the agency in 2002, and during her first five years, she earned a reputation as a hard-worker whose efficiency led to high arrest totals. By the time she ascended to trooper of the year in 2007, she was held up as one of the agency’s top stars.
In 2009, Steed became a member of the DUI squad. Her 400 DUI arrests that year were thought to be a state record, and more than double the number made by any other highway trooper. She earned special recognition at the state Capitol.
“With her training and experience, it’s second nature for her to find these people who are driving under the influence of drugs or alcohol,” her DUI squad boss at the time, Lt. Steve Winward, told the Deseret News.
During a ride-along with the newspaper, Steed said it was simply a “numbers game,” noting that one in every 10 drivers stopped for a violation is driving impaired. “It’s a lot of hard work, but you make a ton of stops, and you’re going to run into them,” she said.
Steed’s career, however, turned. In 2012, while on the stand in a DUI court case, Steed acknowledged purposely leaving her microphone in her patrol car so that superiors wouldn’t know she was violating agency policy.
By April 2012, her credibility had come into question so much that a prosecutor said he would no longer prosecute DUIs if Steed’s testimony was the only evidence.
In October, the Salt Lake Tribune obtained a memo written in May 2010 in which Utah Highway Patrol Sgt. Rob Nixon flagged Steed’s “pattern” of questionable DUI arrests. He wrote that the bulk of Steed’s arrestees had no signs of “impairing drugs” in their systems.
The memo said she based most of her arrests on signs of impairment such as dilated pupils and leg and body tremors.
Steed was taken off road patrol in April 2012 and fired in November. She was accused of violating department policies, falsifying police reports and using questionable practices when making DUI arrests.
The lawsuit is based on two defendants: Thomas Romero and Julie Tapia.
Romero was stopped after Steed said he was swerving, according to the lawsuit. After Romero said he wasn’t drinking, Steed gave him a roadside sobriety test anyway. She booked him for DUI even though his blood alcohol content was 0.00. Charges were dismissed.
Tapia went to pick up her ex-husband, who had been drinking. Steed approached Tapia as she got out of her car at her house, saying Tapia had been speeding, the lawsuit said. Steed said she could smell alcohol, and Tapia told her it was coming from her ex-husband.
Tapia was arrested for a DUI; her ex-husband for public intoxication. Tapia’s blood test showed no alcohol. Charges were dropped.
Choate, who hopes to join the lawsuit, said the entire agency should be held responsible for the damage Steed caused to him and others. “They let her get away with it for a long time,” he said.
Cop Jailed For Falsely Arresting People For DUI
If you’ve had no alcohol to drink, and you get pulled over by a police officer, you have nothing to fear, right? They can only arrest you if your blood alcohol level is above the state-mandated threshold. And they can only test you if they have your consent or if they have probable cause to do so. If only that were the way things were. Sure, there are laws that are supposed to restrain the government, but these days, those laws are irrelevant. Law enforcement has less to do with enforcing law and more to do with raising revenue and meeting monthly arrest and ticket quotas.
So, even if you had nothing to drink, the officer can still claim that you were “failing to maintain lanes” and use that as probable cause to “suspect” you of DUI, falsely claim on the police report he smelled alcohol on your breath and arrest you on DUI charges.
Even if you’re completely innocent, anything you say will be used against you. They will find a way to twist your words to make it sound like you’re a criminal. This is why so many claim that it’s best just not to say a word to the police. The problem is if you don’t say anything to them, they might arrest you for “obstructing a law enforcement officer.” It seems the best thing to do is to just accept that we live in a tyranny and comply whenever possible so as to stay out of jail. If you choose to “exercise your rights,” expect to wind up in jail. That’s just the culture in which we live.
However, every now and then police officers bark up the wrong tree. And in those cases, as in the recent case of Florida Highway Patrol Trooper Scott Kunstmann, they even end up in jail themselves for doing what was described above—falsifying arrest records and lying during deposition. A local Florida news station reported on one such incident involving Kunstmann and a 71-year-old driver named Culbertson:
“Culbertson was allegedly weaving, so Kunstmann asked a series of questions to determine if a field sobriety test was warranted, and asked another trooper for assistance. Culbertson admitted to having one beer three hours prior. In the police report, Kunstmann indicated he smelled alcohol on Culbertson’s breath, but in the dash cam video, the two officers are heard on tape agreeing that they couldn’t smell alcohol. Kunstmann arrested Culbertson anyway, but didn’t realize at the time he was a former criminology professor, who would later contact an attorney.”
Thanks to his background and connections, Culbertson was able to secure an attorney and get the arresting officer arrested and thrown in jail himself. That wasn’t the first time Kunstmann had lied on his police report to justify an arrest. In another case, he had performed a field sobriety test on a woman who he then arrested for DUI. In his police report, he claimed that she was “belligerent and cussing” during the test. But when you watch the dash cam video, you find that not only was the woman perfectly compliant, she was completely sober, but he arrested her anyway.
So how many others have been falsely arrested for DUI who didn’t have the experience and connections that Culbertson had? No judge is going to question the police report. In a courtroom, it’s considered Gospel. Which is why officers feel at liberty to lie and embellish their reports. If you try to make your case that the police officer lied, the judge and the prosecutor will just claim that you’re mad because you got arrested. Even if you have an attorney, your best hope is often just to stay out of jail or pay a lower fine. Don’t bother trying to fight the cop; he’s immune. Kunstmann’s case is a rare glimpse of justice
a ruling out of the Cook County Circuit Court on Friday found that Chicago denied due process to motorists who were ticketed by the automated cameras, and that those tickets are now void.
If you’ve been pinged with a red-light or speed camera ticket since 2003, you could soon be owed a refund. According to the Chicago Sun-Times, a ruling out of the Cook County Circuit Court on Friday found that Chicago denied due process to motorists who were ticketed by the automated cameras, and that those tickets are now void.
If upheld, the decision would be a near critical blow to the controversial program that’s cost Chicagoans millions of dollars over the past decade. It isn’t the first time the city’s gotten into hot water over the way it’s handled the red-light and speed camera programs. Last year, Mayor Rahm Emanuel’s office sued the city’s former red-light camera operator, claiming the whole program stemmed from a bribery scandal under Mayor Richard M. Daley’s administration. An investigation by the Tribune also found that the city was guilty of shortening yellow light times at red light camera intersections.
All told, the program has been a mess since it launched, and Friday’s court case could be a near-knockout blow. The Sun-Times reports that the plaintiffs’ lawyer is going to request a class action lawsuit for motorists who were unjustly ticketed since the red light cameras first launched. They’re also seeking an injunction that would temporarily stop the city from enforcing outstanding red light and speed camera tickets.
This comes at a time when the city is strapped for cash and desperate for revenue to pay off massive, state-mandated pensions that it’s on the hook for. But it looks like this gravy train could be coming to a screeching halt.