A Colorado man is poised to receive a $400,000 settlement from city authorities after being wrongfully arrested for a DUI, even though he had passed both a breath and blood test.
According to the complaint, Elias was driving southbound on College Avenue in Fort Collins around 10:30 p.m. on Jan. 4, 2020. He was heading home after leaving his girlfriend’s house following a dinner party. Upon passing the intersection of Swallow Road and College Avenue, he slowed down to ensure he hadn’t missed his intended turn to the east.
After realizing he had not missed his turn, he accelerated again but observed a car following closely in an aggressive manner.
According to the complaint, Elias then signaled a lane change to the left lane, aiming to clear the driver’s path. It is mentioned that he executed the lane change normally, lawfully, and without encountering any issues.
Gates, who was driving the car, was working that night as a member of the then-recently formed Reduce All Impaired Driving inter-police agency task force looking for drunk or impaired drivers.
The complaint claims that Gates had been roving the streets of Larimer County that night “with the sole task of looking for and charging citizens with DUIs.”
“Gates does so because this is one of the most difficult allegations to disprove, given that Loveland PD does not employ dash cams (only bodycams) and so never capture the arrested individual’s actual driving,” the complaint reads.
Gates allegedly then began to question Elias on whether he had been drinking that night.
According to the complaint Elias was taken aback by this but remained steadfast that he had not committed a violation.
Gates then allegedly said he could smell an “overwhelming odor of alcohol” coming from the vehicle — the complaint disputes this claim.
Following continued questions, Elias invoked his right to remain silent and said he was not going to answer Gates’ questions.
The complaint claims that Gates did not have probable cause to continue to detain Elias at this point.
“But Officer Gates worked at the Loveland Police Department,” the complaint reads. “And LPD had a custom for the treatment of any person who refused to submit to their authority and questioning: They would be arrested.”
Elias declined to participate in a roadside test and made it clear that he would not provide any answers to Gates’ inquiries, as stated in the complaint.
He was subsequently taken to the nearby police station on suspicion of driving under the influence, according to the information provided. It is important to note that no drugs or alcohol were discovered in Elias’ vehicle, as stated in the lawsuit.
Elias’s breath test at the station yielded a 0% blood alcohol content reading, as stated in the lawsuit.
“I’m not going to play this game,” Gates told Elias, per bodycam footage posted by Elias’ attorney.
“I’m not playing a game, this is my freedom you’re talking about,” Elias responded.
Police then instructed Elias to undergo a blood test, which, according to the lawsuit, yielded negative results for all substances tested in March 2020.
Elias underwent an investigation of his pilot’s license by the Federal Aviation Administration due to the DUI arrest, as stated in the complaint.
Allegations have been made regarding Loveland Police Department officers engaging in a competitive environment amongst themselves and with other police departments, focusing on the number of DUI arrests made.
Elias’ attorney Sarah Schielke cited social media posts from a Facebook page, Mothers Against Drunk Driving, which promoted a timed competition for the most DUI arrests between departments.
Schielke has shared screenshots of an independent assessment conducted by Jensen Hughes, a private consultancy firm, in 2021.
According to the assessment, it was stated that officers from the Loveland Police Department prioritize DUI arrests over attending to other calls.
Elias’ attorney Sarah Schielke released a YouTube video.
Have you been arrested or charged with DUI?
Charged with a Crime? Lost Your License? Conspiracy or CCE? Thought Crimes?
Notably, Elias claims to have experienced another unjust DUI arrest in Fort Collins, a neighboring municipality to Loveland.
A separate lawsuit he filed against Fort Collins officers in May stated that he was arrested on December 2, 2021 and subsequently spent three days in jail, once again on suspicion of a DUI offense.
He had also successfully undergone a breath test and blood test, with both yielding negative results.
Elias had a child abuse report filed against him by an officer because his 15-year-old son was in his car, and he was prohibited by a judge from driving anyone under 18 for that time period, according to the lawsuit.
When Elias’ test results returned negative weeks later, the lawsuit stated that the case was dismissed.
It also alleges that the Fort Collins Police Department fosters a culture of vying for DUI arrests.
It’s remarkable that it happened to me twice,” Elias shared with CBS News. “I find it surprising that more individuals didn’t experience it twice. Their sole concern seemed to be adding another tally to their list, and I just happened to pass by on two occasions.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
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So you got pulled over and charged with DUI from Cannabis use and this ends up on the report 11-Nor-9-carboxy-Δ9-tetrahydrocannabinol (11-COOH-THC or THC-COOH) as part of the test results. What is it?? Here's what they say...
The validity of results issued by marijuana safety labs in Michigan and across the nation have been called into question. There are allegations of labs intentionally issuing higher THC potency test results — which makes the marijuana more valuable to retailers — and passing product that should have failed for reasons, such as, over-limit amounts of yeast and mold or the presence of potentially dangerous pathogens. like aspergillus.
Marijuana producers are the labs’ customers, so issuing low THC results or failing product may result in the loss of revenue for the lab.
The CRA is currently tied up in litigation with one of the state’s largest lab operators, Viridis Laboratories, which is founded by former state police and operates locations in Bay City and Lansing.
The CRA on Nov. 17, 2021, issued a recall on any product tested by Viridis. A state Court of Claims judge subsequently overturned a large portion of the recall that Viridis CEO Greg Michaud called “baseless, meritless and totally detached from science, facts and data.”
Public complaints issued against Viridis by the CRA called into question the validity of Viridis THC tests results and accused the lab of using testing techniques that have never been approved by the CRA.
When asked how the lab is allowed to use unapproved tests, Hanna said: “It’s a good question. We have pending litigation, so we can’t comment on pending litigation that’s in process right now. We’re aware of the concerns.”
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
LANSING – One of the men charged with creating fictitious documents while contracted to service law enforcement alcohol testing instruments will spend the first part of his sentence behind bars, Michigan Attorney General Dana Nessel announced today.
The instrument, DataMaster DMT (DataMaster Transportable), is more commonly referred to as a breathalyzer and measures the driver’s breath alcohol concentration after they have been arrested for suspicion of drunk driving.
In 2020, Nessel filed charges against Andrew Clark and David John for falsifying service records related to certain diagnostic tests and repairs on DataMaster DMTs. A four-month investigation led by the Attorney General’s Public Integrity Unit and the Michigan State Police led to the criminal cases. Specifically, the investigation found the defendants, who worked as technicians, created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance.
two counts, forgery of a public record, a 14-year felony charge;
two counts, uttering and publishing, a 14-year felony charge; and
two counts, use of a computer to commit a crime, a 10-year felony charge.
Thursday afternoon, Judge Janice Cunningham sentenced Clark to serve 36 months’ probation with the first nine months served in the Eaton County Jail.
“Our public integrity team continues to demonstrate the great importance of pursuing bad actors who subvert the criminal justice system and threaten the integrity of our judicial process,” Nessel said. “We must show that those who undermine the public trust risk jail time in doing so.”
If your life was affected by this travesty of trust – Contact our office.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Eric Smith is the an American attorney and the former Prosecuting Attorney of Macomb County, Michigan. He resigned in 2020 after his arrest of embezzlement and corruption charges.
Eric Smith turns down request to run for Attorney General
Macomb County Prosecutor Eric Smith has declined a request by Democratic Party and union leaders to run for state Attorney General.
Smith, 51, the prosecutor since 2005, said he was asked to run last fall but informed state party officials last week that the time is not right for him to run. He enjoys his current job and doesn’t wont to inject disruptions of a statewide campaign and possible move to Lansing into the lives of his wife and three children.
‘I was approached by Democratic leaders and elected officials and a broad range of Democratic Party allies,’ Smith said. ‘I appreciated their interested and the discussions about this important law-enforcement position in our state. But … I decided this was not the right time for my office and my family.’
He said his office is running at peak efficiency and he isn’t ready to relinquish the reins.
He is very involved with his two daughters, Ella and Violet, 12 and 9, respectively, and son, Robert, 7, and their sports and other activities.
‘I’m coaching four teams right now,’ Smith said.
He said one of his assistants, Derek Miller, a former Democratic state representative and county treasurer, counseled and assisted him in the discussions with union, party and elected officials.
The post will be open with current Republican Attorney General Bill Schuette running for governor to succeed Gov. Rick Snyder, a Republican.
‘I think Macomb County would be represented well in Lansing for a change,’ he said.
A federal appellate court on dismissed a lawsuit claimingthat 3 police officers alleged to have stolen more than $225,000 in property from two California men, reasoning that the officers did not violate the men’s Fourth Amendment right against unreasonable search and seizure.
Plaintiffs (Micah Jessop and Brittan Ashjian) claimed that in 2013, three Fresno California police officers executing search warrants at their business and homes seized approximately $150,000 in cash and $125,000 in rare coins. When the two went to the police department the next day, however, only $50,000 had been placed into evidence, which police said was the entire haul submitted in relation to the investigation.
Both Jessop and Ashjian were never charged with any crime stemming from the investigation, filed a lawsuit against the three officers, claiming the theft constituted a violation of their Fourth Amendment right to be protected against unreasonable government seizure.
The officers responded by filing for summary judgment, arguing that as government officials, they were entitled to “qualified immunity.”
Under the doctrine of qualified immunity, government officials are shielded from civil liability for any conduct that does not violate a person’s “clearly established” constitutional rights.
In an eyebrow-raising opinion, Circuit JudgeMilan D. Smithwrote that because the officers had a warrant to justify the initial seizure of the property, and no prior case addressed those specific circumstances, it was notclearly establishedwhether the subsequent theft of that property violated the Fourth Amendment.
“The lack of ‘any cases of controlling authority’ or a ‘consensus of cases of persuasive authority’ on the constitutional question compels the conclusion that the law was not clearly established at the time of the incident.
Although the City Officers ought to have recognized that the alleged theft of Appellants’ money and rare coins was morally wrong, they did not have clear notice that it violated the Fourth Amendment,” Smith reasoned.
WTF…?!?!
“We recognize that the allegation of any theft by police officers—most certainly the theft of over $225,000—is deeply disturbing. Whether that conduct violates the Fourth Amendment’s prohibition on unreasonable searches and seizures, however, would not ‘be clear to a reasonable officer,’” Smith concluded.
How about simple robbery charges???
One of the officers alleged to have committed the 2013 theft,Derik Kumagai, was federally indicted in 2014 for accepting a $20,000 bribe from a suspected drug trafficker. He pleaded guilty to conspiring to commit bribery and in May was sentenced to two years in federal prison.
Jessop and Ashjian have appealed the decision and petitioned for their case to be heard in front of the entire Ninth Circuit.
