I asked Bob Keefer, a Harrisonburg, Virginia DUI lawyer to comment on the cheating by some Ohio State Troopers on their breath operator's license recertification. Was this a big deal or was the press making too much of a Trooper stealing the test answers, distributing the answers to others, in the presence of patrol sergeants who did nothing and getting caught in part because he missed simple questions. Here is what Keefer said:
Over a million Americans are charged with drunk driving every year. For most of them, this is the most serious criminal charge they will ever face in their lives. Most people charged with DUI have no previous criminal record whatsoever.
DUI charges now carry significant direct and indirect consequences. For example, many states require mandatory jail, mandatory loss of license, mandatory ignition interlock and mandatory alcohol education.
Automobile insurance rates are very high to insure convicted drunk drivers if the company will insure the convicted drunk driver at all. Some countries, like Canada, may even deny the convicted drunk driver admission into the country. Some health insurance providers will not insure the convicted driver. Some life insurance companies will not write policies for convicted drivers. Many businesses will terminate or not hire the convicted drunk driver. A DUI or DWI conviction may sink your security clearance if you need one for employment.
Being a convicted drunk driver is seen as a character flaw at the bare minimum.
In that light, we would expect that law enforcement officers would take their jobs seriously and learn how to properly test a subject’s blood alcohol level. In Ohio, in order to administer the breath test equipment the operator must have a permit. This permit must be renewed every year by passing an examination.
You would figure this exam to be pretty easy for Ohio State Police Officers who give these tests all year round. But that must not be the case since six troopers had to resort to cheating to pass. Moreover, five patrol sergeants knew about the cheating but did not stop it. Apparently they were not concerned about how well the cheaters could test the citizens.
Apparently, one trooper stole the test answer sheet and gave it to other troopers. Three sergeants were present in the room when Trooper Maroon distributed copies of the answer sheet to other test takers. Two other sergeants got the answers from Maroon before they took their test.
Maroon only missed two answers on his test; answers any senior operator ought to get right. All of the cheaters missed the same two answers; the same two answers that were wrong on the cheat sheet. And this was a pass/ fail test. When the investigation began, at least one Trooper was “less than truthful”.
Who is watching the watchers? How many other troopers have cheated over the years? How many innocent citizens have been denied justice because the test operator was a cheater and did not know how to do his job properly? If a trooper would cheat on a test would he lie to convict a citizen? Will the person testing you be a cheater?
Read full report below:
About Bob Keefer: Bob Keefer is an attorney in Harrisonburg, Virginia. He represents persons charged with DUI, reckless driving, speeding tickets and traffic tickets. He represents people charged with those offenses in Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Waynesboro, Virginia; Woodstock, Virginia; Shenandoah County, Virginia; Page County, Virginia; Luray, Virginia; Shenandoah Valley, Virginia; Bridgewater, Virginia; Dayton, Virginia; Verona, Virginia; Broadway, Virginia; Timberville, Virginia; Interstate 81.
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