UHP Commander charged with DUI

[Sombeech]

Wow, what a pathetic loser!!! :roll: Here's the KSL link:
http://www.ksl.com/?nid=148&sid=333629

http://media.bonnint.net/slc/12/1274/127465.jpg

Fred Swain, COMMANDER of the Utah Highway Patrol DUI squad -- yes, the DUI squad, has been charged with driving under the influence.


According to police, Swain was driving his unmarked vehicle at 2:30 in the morning last Friday, when he lost control.
A breathalyzer test taken two hours after the accident showed a .116 blood alcohol content, which is .03 over the legal limit.
However, Utah Highway Patrol is conducting their own internal investigation and Swain is currently on paid administrative leave.

My favorite part? Swain is currently on paid administrative leave that you and I are paying for. Love it! :2thumbs:

Here are some crystal clear photos from KSL's site:

http://media.bonnint.net/slc/12/1275/127507.jpg

http://media.bonnint.net/slc/12/1275/127506.jpg

[Iceaxe]

Utah Highway Patrol is conducting their own internal investigation and Swain is currently on paid administrative leave.

Fox gaurding the hen house??? :lol8:

I've been down this road before... Unless some prosecutor wants to try and make a name this will just disappear. Evidence will be lost or tainted or witnesses will fail to appear, error found in the report, plea bargained down to open container, yada-yada.

Anyone want to place a bet?

.

[Sombeech]

Utah Highway Patrol is conducting their own internal investigation and Swain is currently on paid administrative leave.

Fox gaurding the hen house??? :lol8:

Sorry,

I should have added "UHP was actually the agency called out on the crash, but they turned the investigation over to Draper Police, a standard procedure when their own employee is involved." in my highlights of the article.

[KillEmAll]

Here are some crystal clear photos from KSL's site:

They photogropher must have had his beer goggle lens on. :pitcher:
Maybe they were trying to get the Commanders perspective on the story.

[Iceaxe]

the investigation over to Draper Police

I called it :roflol:

Watching the Draper police in action is kinda like watching a one legged man in an ass kicking contest.

Posted by Iceaxe currently living in Draper :lol8:

[Scott Card]

You know, this is actually kind of sad. This guy's career is effectively over. Even if the courts don't get him, P.O.S.T. (the police officer certification folks) will. One thing I have noticed with police, they are cannibalistic when one of their own does something bad. Unlike some who think this thing will be swept under the rug, I predict the opposite, particularly since it hit the news. This fellow is going down and going down hard.

[accadacca]

We need to alert WindWalkers of this thread. The ole copper... :popcorn:

[Iceaxe]

It was unclear why Swain's accident and arrest did not come to light until Thursday, nearly a week after the fact. Asked why the UHP did not inform the news media of the incident, McCleve said, "My job is not to do your job."

OK, I get it now.... this was GOING to be swept under the carpet. This wreak happen last Thursday.... almost one week ago. Then the news media got a hold of the story.....

The guy is now toast.... :friday:

Still... I don't really feel sorry for him. He more then anyone should have known the damage a DUI can cause. I'm probably one of the few who feel the law is to strict for a first offense. I've seen several lives ruined and good jobs lost by a DUI.

Full SL Tribune Story
http://www.sltrib.com/ci_3997456

.

[savanna3313]

As long as we're on public officials screwing up, don't forget about this guy. :nono:


http://www.ksl.com/?nid=148&sid=331907

[Sombeech]

Here's the thing with this @$$hole. He's the same dude that will tell somebody the most extreme situations when he has pulled them over. He'll tell them how somebody was under the influence and ran into a car and killed them and :blahblah: :blahblah: :blahblah: :blahblah: :blahblah: :blahblah:

These kind of guys are infamous for "telling you how it is" when they pull you over. Then, they'll act like they're the good guy by saying, "You know, I could actually take you to jail for speeding, but I won't." So then you want to take him out to dinner when he hands you a ticket for ONLY $80, because that's better than jail.

[Sombeech]

As long as we're on public officials screwing up, don't forget about this guy. :nono:


http://www.ksl.com/?nid=148&sid=331907

Oh yeah, the Riverton city manager charged for voyeurism. He resigned. I'm surprised he didn't get a PAID ADMINISTRATIVE LEAVE also.

[Iceaxe]

The Riverton City Manager is accused of peeking over a tanning salon partition at a 16-year-old girl who was undressing in an adjacent booth.

Well she didn't look 16. :haha:

I swear officer.... she said she was 18. :lol8:

.

[Sombeech]

I've figured it out. I know why they can send Swain on a paid vacation. It's because of all the DUI's he's handed out! :nod: Then, they added his to the list, and altogether they raised enough revenue to send him on a Carribean Cruise.

[Iceaxe]

And what's this part about he "may" lose his drivers licence?

I know several folks with DUI's and they ALL lost their licence. Also, the fine they pay to the state is small potatoes in the big picture. They better add anther zero to what the fish wrapper printed after you factor in insurance and lawyers and stuff.

Damn Lawyers - http://uutah.com/forum/images/avatars/2104767753446117b2f2d65.jpg :haha:

[RugerShooter]

You know, this is actually kind of sad. This guy's career is effectively over. Even if the courts don't get him, P.O.S.T. (the police officer certification folks) will. One thing I have noticed with police, they are cannibalistic when one of their own does something bad. Unlike some who think this thing will be swept under the rug, I predict the opposite, particularly since it hit the news. This fellow is going down and going down hard.

How can this be sad, he did it to himself, nobody made him drive drunk. Him of all people being the COMMANDER of the Utah Highway Patrol DUI squad. I hope he does jailtime has to pay all the fines loses his licence just like everybody should that gets a DUI. There is no reason for one if your going to drink find a driver first it's not that hard.

[Scott Card]

And what's this part about he "may" lose his drivers licence?

I know several folks with DUI's and they ALL lost their licence. Also, the fine they pay to the state is small potatoes in the big picture. They better add anther zero to what the fish wrapper printed after you factor in insurance and lawyers and stuff.

Damn Lawyers - http://uutah.com/forum/images/avatars/2104767753446117b2f2d65.jpg :haha:

Hey now.... I resemble that statement..... er a resent that statement. Yes the price of a DUI's is big. Fines and fees are about 2000-3000 after paying fines, surcharges, mandatory evaluations, counseling etc. Tack on lawyers 1500 to 3000 plus insurance rates going through the roof yikes. So all your buddies lost their license? And they had lawyers? no comment.


How can this be sad, he did it to himself, nobody made him drive drunk. Him of all people being the COMMANDER of the Utah Highway Patrol DUI squad. I hope he does jailtime has to pay all the fines loses his licence just like everybody should that gets a DUI. There is no reason for one if your going to drink find a driver first it's not that hard.

I have represented many, many dui clients all over this state. I know the mistake that it is and the far reaching effects it has on the individual. I also am keenly aware of the impact drunk driving has on society. My former receptionist's sister and my runner's mother were killed by a dui driver. Tough funeral. I have called in two dui drivers myself. One case was resolved by plea bargain. The other--well, the cops screwed up the blood draw and the case was dismissed. My point is that where this UHP officer's case has gone public, he will likely suffer the normal punishments but now he gets the added insult that the media brings. I am not sympathetic as to the crime but I still feel for the guy. Let's see, he already has given up his job which he will never get again, he has publicly admitted to a drinking problem which goes back a few years which usually suggests that other problems in his life are unresolved, plus he will likely get more of a sentence because of his position of trust in the community and having breached that public trust and having bloodied the nose of the UHP. Sad??? yes it is sad to see any one go through what he is dealing with. Should he be punished??? absolutely. Harsher than Joe Shmo on the street? I think that he already has been punished more than the average DUI offender simply because of the media and that is likely not the end of it for him.

[Sombeech]

Shouldn't it be like that judge who was stoned during court? They had to revoke all of the sentences he had given to drug dealers, because he himself was using drugs.

Although I believe DUI's should be even more harsh, considering the number of alcohol related deaths each year, I'm not saying all of those people should be released of their charges. I just want to know what those people think who were pulled over by Swain.

[Iceaxe]

My cousin and my best friend were killed by a drunk driver. I've seen both sides.....

My biggest problem is the guy who has 2 or 3 DUI's and continues to drive drunk, not the guy who makes a once in a lifetime mistake.

My cousin was married with 2 little kids. The guy who killed my cousin had 5 DUI's, no licence and no insurance. The guy who killed my cousin was also married with two little kids. He did serve one year in jail but in the end everyone was a loser. Including you and I who ended up supporting both families on welfare.

As for losing the licence..... all the cases I know of were 10 to 15 years ago. I believe the law at the time was mandatory loss of licence. For a while you could get a work permit but I know that part was revoked at the time.

And YUP! a good lawyer does wonders..... just anther of the many injustices of our legal system. It's not really about if you are guilty or not, its if you can afford a good enough attorney..... now back to you O.J. for a golf report.

:frustrated:

[wojo342]

I am new to this forum but had to comment on this one. Lt Swain will never work as a cop again in the state of Utah. POST will make sure of that. The troopers are very strict on punishing their own who scew up. The previous comments make me wonder if you have a hard on for all law enforcement.

Most of them do a great job for little pay and when one screws up he needs to be punished. Lt Swain will be punished and the State of Utah will make sure of it.

[Sombeech]

The previous comments make me wonder if you have a hard on for all law enforcement.

:slobber: mmmm, cops.


Most of them do a great job for little pay
I know, it actually surprised me how little they make. It's kind of like school teachers though. They know exactly what salary they will be making before they commit to that career.

I've got respect for law enforcement, I even thought about doing it. But when I see arrogance displayed like this, it drives me absolutely insane. :angryfire:

[wojo342]

I can appreciate your concern for arrogance. There is no room for it it in law enforcement. It's true that they go into it, knowing the pay. It is also true that unless you've done the job, no one realizes how tough it is (the same is true for just about any job.) Thanks for allowing me to voice my opinion.

[Iceaxe]

I like cops, they taste like chicken. :eat:

:roflol:

Welcome to the forum wojo342 :2thumbs:

[Sombeech]

Welcome to the forum wojo342 :2thumbs:

Yes! Welcome to the forum! :cool2:

[Sombeech]

Tonight on the news:

Swain's plea?


NOT GUILTY!!!!
:toofunny::toofunny::toofunny::toofunny::toofunny: :toofunny::toofunny::toofunny::toofunny:

Who IS this guy? Breathalizer test fails after a crash, STILL saying he just fell asleep? Arrogant @$$h0l3. :roll:

[Iceaxe]

Who IS this guy? Breathalizer test fails after a crash, STILL saying he just fell asleep? Arrogant @$$h0l3. :roll:

I think he is looking for a deal/plea bargain/loop hole/screw up/tainted evidence type thing. If he pleads guilty he gets to eat the whole turd sandwich by himself. I think he is looking for someone else to help him take a couple bites. :eat:

:haha:

[wojo342]

All he did by pleading not guilty was prolong the pain. Because he was charged with a crime he had a mandatory appearance in front of the judge. The reason he plead not guilty was because his attorney needed more time to try and work a deal with the prosecutor's office.

This will not go to trail. He will make a plea bargain to "alcohol related reckless" or something similar and because he has no prior convictions, he will pay a fine and do no jail time. The State of Utah will be satisfied by his resignation.

POST (Peace Officers Standards and Training) however will yank his certification and he will never work as an officer again in UTAH. I think he had around 15 years on so he will not be able to collect his 20 year retirement. He will be punished more than you think.

[Iceaxe]

I think he had around 15 years on so he will not be able to collect his 20 year retirement.

I was thinking about that when he resigned...... that is a biggie...

I am always amazed how one mistake can be so costly/devastating

[wojo342]

You are right. One decision, made in haste can affect your entire life. I don't think this was a "hasty decision" though. I'd be willing to bet he has driven many, many times under the influence. He just ran into something this time. Thank goodness it wasn't another car or home with people in it.

[Scott Card]

[quote="Sombeech"]Tonight on the news:

Swain's plea?


NOT GUILTY!!!!
:toofunny::toofunny::toofunny::toofunny::toofunny: :toofunny::toofunny::toofunny::toofunny:

quote]

Pleading "not guilty" should not shock anyone. It is not only common but expected. By entering a plea of "not Guilty" the burden of proof remains with the State to prove the accused guilty beyond a reasonable doubt. That is all it does. "Not Guilty" is a legal term of art and really should not be considered as an admission or denial but rather preserving ones constitutional rights. The system is that we must be proved guilty even if the evidence is overwhelming. Others have suggested that the plea is entered for the lawyer to do his job. That is partly true but again, the key is that it preserves the presumption of innocence and the burden of proof which goes all the way back to the boys in powdered wigs.

Just for fun, besides the military, who is that really protects your constitutional rights? Judges? Police? Prosecutors? or defense lawyers? and of course why? I'll save my comments for now. :popcorn:

[wojo342]

Well said Mr Card.

[stefan]

Just for fun, besides the military, who is that really protects your constitutional rights? Judges? Police? Prosecutors? or defense lawyers? and of course why? I'll save my comments for now.

wouldn't it be all of them, for the checks and balances they provide?

[accadacca]

Certainly not liars... :bootyshake: :lol8:

[Sombeech]

Here's the dealio. Yeah, there are benefits like prolonging the sentence, working out a deal or whatever --- when he pleads not guilty to a crime we all know he's guilty of.

But bottom line, what he's saying is, "Not Guilty." This means he is saying "I am not guilty of this crime. I did nothing wrong."

I don't care if he's just working out a deal or not. He just lied and said he is not at fault.

[wojo342]

You have a good point.

[Scott Card]

Just for fun, besides the military, who is that really protects your constitutional rights? Judges? Police? Prosecutors? or defense lawyers? and of course why? I'll save my comments for now.

wouldn't it be all of them, for the checks and balances they provide?

You are correct if everyone is on the up and up and not breaking the rules. But, if that were the case, we would need no constitution. Heck, I would have a lot more free time.


Certainly not liars...

This is exactly the case I am speaking of. Someone lied or a fundamental right was violated. (yes, I know you were equating lawyers with liars :blahblah: ) So who? A hint, it is not the judge. Judges never have the obligation to protect unless and until someone raises the issue of a right being violated. If it is brought to the attention of a judge that a right was violated, then he/she have the duty to protect based on the law and the facts. Judges never hear the facts until trial or after someone pleads guilty. Judges will not rule on a motion to throw out bad evidence or the case based on a constitutional violation unless the motion is made. So we are down to the police, prosecutor, and defense attorney. :popcorn: (See why I am a lawyer, this stuff is just plain exciting stuff. I think I just heard someone say "dude, shut up and stop it already. Go hike a canyon or something.)

[Windwalker]

Utah Highway Patrol is conducting their own internal investigation and Swain is currently on paid administrative leave.

Fox gaurding the hen house??? :lol8:

I've been down this road before... Unless some prosecutor wants to try and make a name this will just disappear. Evidence will be lost or tainted or witnesses will fail to appear, error found in the report, plea bargained down to open container, yada-yada.

Anyone want to place a bet?

.

If it's his "First" DUI he has a good chance of getting off with a "Alcohol Reckless". It's still considered a DUI for future reference, and the Fines/Time are still the same. If there are any further alcohol violations during the probationary time it reverts back to a DUI..

Wonder how many times he has been DUI in his patrol before screwing up??

[Windwalker]

I should have read all the post before commenting, someone already mentioned "Alcohol Reckless."

He won't lose his fifteen years. He's vested. But he won't be able to claim any of them till he's in his sixties. If he were to find another state job his years will count toward his "30" years as a regular state employee.

Low Pay and Commitment?? Try being a cop in Sanpete Cnty!! Just before retiring there was a Springville PD recruitment flier going around. Their starting pay, no experience, was a few cents more than I was making at twenty years. :ne_nau: Go Figure.

Do I feel the presents of a Defense Attorney in our mists? I've been waiting for a chance to start with the attorney jokes. A very appropriate avatar Scott. :haha:

[Scott Card]

Do I feel the presents of a Defense Attorney in our mists? I've been waiting for a chance to start with the attorney jokes. A very appropriate avatar Scott. :haha:

You start with the attorney jokes and I will start with the Spring City police stories. Deal? :five: There is some fun goin' on in Sanpete County. The Avatar sort of fits with my profession but also kind of goes with my name....you know, Card shark. I don't really play cards and I really am a pretty easy going guy and my teeth aren't sharpened, but I do get after it when I need to. My avatar was going to be John Wayne but I got talked out of that in favor of the pretty blue shark. :2thumbs:

[stefan]

My avatar was going to be John Wayne but I got talked out of that in favor of the pretty blue shark. :2thumbs:

a john wayne avatar would ROCK! :2thumbs:

i wanna see it sometime!

[Scott Card]

If it's his "First" DUI he has a good chance of getting off with a "Alcohol Reckless". It's still considered a DUI for future reference, and the Fines/Time are still the same. If there are any further alcohol violations during the probationary time it reverts back to a DUI..

Wonder how many times he has been DUI in his patrol before screwing up??

DUI or ARR (Alcohol Related Reckless driving) offenses both stick with you for ten years. Both have the same enhanceable effect - meaning the third DUI with two prior DUI's or ARR's or a combination of the two within ten years equals a third degree felony DUI charge. In other words, the third DUI charge within ten years with two priors (arr or dui) is charged as a third degree felony not a class B misdemeanor. I haven't looked at what Court the officer is in but many prosecutors now days will not deal any DUI with a BAC over .10. The typical comment from many prosecutors if the BAC is over .10 is "he either needs to plead guilty or you need to set it for a trial."

As far as how many times he has been DUI before, who knows but if memory serves me correctly, statistics suggest it is not the first. Alcohol does crazy stuff to the stupid part of the brain. The stupid part of the brain is the part that tells you that you are about to do something stupid. How do I know this? Many client's first words to me are "Uh, Scott, I did something stupid" and of course a little book learnin'. :haha:

[Iceaxe]

You Guys are going to love this one.... :lol8:
The cop who busted hundreds for DUI now says the test and machines are faulty.... :roflol:

Sobriety exam: Ex-DUI chief calls test faulty
Fights own bust, says the breath machine unreliable
By Nate Carlisle - The Salt Lake Tribune

The former Utah Highway Patrol lieutenant who led the state's anti-drunken driving efforts until his arrest for driving under the influence of alcohol claims the sobriety tests administered to him are unreliable.

Motions filed in Draper Justice Court on behalf of former Lt. Fred Swain also state that portable breath-testing machines are fraught with problems.

Benjamin Hamilton, lawyer for former Lt. Fred Swain, is asking a judge to suppress results of a stimulus and breath test and to dismiss his class B misdemeanor charge of driving under the influence of alcohol.

Swain claims the Draper police officer who administered the breath test failed to check Swain's mouth for foreign matter and did not observe Swain for 15 minutes prior to the test.

Also, the machine used to test Swain's breath was not approved by the Utah Department of Public Safety, as required by law, according to one of Swain's motions. The machine was not subject to calibration and maintenance required by the department, Swain says.

"There are so many potential problems with machines of this type, that the department . . . has deemed that only machines certified by the department can be used for evidentiary purposes," states Swain's motion.

Another motion asks the court to preclude testimony of an eye stimulus test given to Swain. The ex-trooper claims the officer did not follow proper procedure during the test, in which the officer observes the subject's eyes as it looks at an object, but does not specify what the officer might have done wrong.

Hamilton, said Tuesday the motions draw from testimony given by Draper police officer Kevin Easter during a hearing to determine whether Swain retained his driver's license. Hamilton declined to elaborate on Easter's testimony. Swain retained his license.

"It's our contention there was various violations [in administering the test]," Hamilton said. "It's the city's burden to show there were not."

Swain was the commander of the UHP DUI unit. About 2:25 a.m. on June 23, Swain crashed his UHP patrol car into a concrete barrier on Bangerter Highway near 400 West.

In a written report, Easter stated Swain was "acting strange" and wouldn't stand near officers or troopers as they questioned him. Easter detected an odor of alcohol on Swain, who was "very impaired" as he filled out a statement, according to Easter's report.

Swain eventually submitted to sobriety tests. Draper police said a breath test placed Swain's blood-alcohol level at 0.12 percent. Utah's legal limit is 0.08 percent.

Swain's DUI charge carries a possible penalty of six months in jail. The Draper city prosecutor has said the standard punishment for first-time DUI offenders is two days in jail and a $1,400 fine.

[JP]

plea bargained down to open container, yada-yada.
With the right lawyer your average motorist can have this done. How do you think you end up with repeat offenders who still hold their license?

[accadacca]

Anyone knows that their equipment only works on the public. If an officer is tested you cant trust the results. Come on people... :nono: :haha:

[Sombeech]

They should just give him another paid vacation until they can confirm that.

[Scott Card]

You Guys are going to love this one.... :lol8:
The cop who busted hundreds for DUI now says the test and machines are faulty.... :roflol:

Sobriety exam: Ex-DUI chief calls test faulty
Fights own bust, says the breath machine unreliable
By Nate Carlisle - The Salt Lake Tribune

The former Utah Highway Patrol lieutenant who led the state's anti-drunken driving efforts until his arrest for driving under the influence of alcohol claims the sobriety tests administered to him are unreliable.



This is real standard stuff fellers. The machine must be shown to be working properly and certified before the evidence can be deemed reliable and admissible. As for the portable tests, I have seen portable tests be .05 off from the actual certified tests and/or even another portable. There are so many variables on these machines and how the test is administered. The machines test deep lung air which is supposed to be close to actual blood alcohol. The reason for the "Baker" check or mouth check is to remove any foreign material that may absorb alcohol and give a falsely high test. The officer is to wait 15 minutes from checking the mouth so as to remove any of the mouth alcohol and then do the breath test (the one at the station) If you throw-up in your mouth then blow, your test can be screwed up because of the stomach alcohol. Therefore, if the officer checks up and you have some acid reflux or throw up in your mouth, then the mouth check must be done again and the time restarted. Also, any diabetic may screw up the machine due to the acetone in their breath which closely resembles alcohol, at least to the machine. I have had several DUI's dismissed for clients due to the machines not being reliable or the officer not following proper procedures to insure a fair test. You want a reliable test particularly when you are close to the legal limit. These really are routine and important defense motions to insure fairness. I'm sure you'd all want the same protections if your neck was on the chopping block. Sorry, probably more info than you wanted :blahblah:

[Iceaxe]

This is real standard stuff fellers.

I'm just poking fun at how the view is sure different when standing in the other guys shoes...... You know damn well this ex-cop has told more then one DUI suspect that the test was full-proof. :nod:

I'm also willing to bet the reason that Benjamin Hamilton is Swain's lawyer is because Hamiltom used to mop the floor with some of Swain's DUI cases.

If ya can't beat them, join them :2thumbs:

[Scott Card]

I've had my share of police clients.

BTW, the best "story" (cop lie) I heard recently was that a cop told an alleged sex offender after a couple of hours of interviewing, that the interview room was equipped with "thermal imaging" and that when the guy was denying any wrong doing the thermal imaging was having some serious spikes. HUH? Well the guy ended up confessing. :lol8: