Officer Testimony Tossed
Drunk driving carries severe penalties, and the punishments can be harsh. But have you ever heard of an officer giving DWIs to sober drivers? Lives can be drastically affected by a DWI charge. The consequences affect more than just the driver. The financial costs to defend against the charge are substantial. Even when the charge is a misdemeanor, an effective defense will cost thousands of dollars. A conviction can result in active jail time, license suspensions, probation, and sometimes loss of custody.
In Fort Collins, Colorado the lead DWI enforcement officer Jason Haferman, resigned after several of his arrests ended without convictions. Shortly after his resignation Fort Collins Police Services began investigating Officer Haferman. The investigation began when Larimer County District Attorney’s office informed the police department it would no longer attempt to prosecute any more cases brought by Officer Haferman. They said that his testimony was too problematic.
A Nightmare for a Single Dad
A perfect example of a problematic case is the arrest of single father Harris Elias. He had gone out with his son to get some tacos when Haferman pulled him over.
“At first, he asked me if I knew why he had pulled me over…As soon as he asked me what I had to drink, I knew…”
Haferman then placed him under arrest to get tested for drugs and alcohol. A lab report found no evidence of either in his system. But he still had to pay his attorney fees, and the lab for testing, and because he had a minor in the car, he also had to fight for custody of his son.
Elias eventually got all his charges dropped and retained custody of his family, but it was not without damage, both emotionally and financially.
In another example, Haferman testified that when he pulled over Harley Padilla he was slurring his words. Harley is physically disabled from a motorcycle accident and uses a tracheostomy to speak through his throat. Harley spent a year in jail before he was cleared.
“I stayed there because I refused to admit I was drunk driving when I wasn’t.”
Suspicions Arise
The Larimer County District Attorney’s office was made aware of the suspicious cases this past summer and began to dig. They found that of the 504 DWI arrests his department made last year, Haferman was involved in 191 of them, or approximately 37%, 8 of which blood tests indicated no alcohol or drugs present. When the DA’s Office informed the Police Department they would no longer be prosecuting cases involving Haferman as an essential witness, they were informed that an internal review had already been started. But before it could proceed too far, Haferman resigned.
In contrast, approximately 21% of all DWI cases in North Carolina, and only 10-20% of all cases nationwide, get a non-guilty result. In these cases, the defendant was rarely sober, instead, it is much more common that a citizen’s rights were compromised. This can happen in a number of ways like an officer having no legitimate reason to stop the driver, a poorly administered field sobriety test, or an infringement on the driver’s constitutional rights.
Is the Nightmare Over?
In the case of Officer Haferman, according to the DA’s office, “(several of Haferman’s arrests were) made based on poor judgment, disregard for the proper procedures and training, and a misunderstanding or disregard of the legal requirements regarding probable cause.” However, because Haferman resigned rather than allow the Department to terminate his employment, he is still eligible for hire in any other Law Enforcement position in other Districts and States.
Several of the Colorado citizens who were arrested by Haferman did not like the idea of him being eligible to be hired by another law enforcement agency. They are filing a lawsuit against both Haferman and Fort Collins Police Department for pain and damages.
“It’s overwhelming. He got off scot-free.” –Harris Elias
Law Enforcement Officers aren’t perfect, everyone makes bad choices sometimes. Don’t let an officer with something to prove rob you of your right to defend yourself. If you’ve been charged with a DWI, contact Dummit Fradin today.
Officer Testimony Tossed
Drunk driving carries severe penalties, and the punishments can be harsh. But have you ever heard of an officer giving DWIs to sober drivers? Lives can be drastically affected by a DWI charge. The consequences affect more than just the driver. The financial costs to defend against the charge are substantial. Even when the charge is a misdemeanor, an effective defense will cost thousands of dollars. A conviction can result in active jail time, license suspensions, probation, and sometimes loss of custody.
In Fort Collins, Colorado the lead DWI enforcement officer Jason Haferman, resigned after several of his arrests ended without convictions. Shortly after his resignation Fort Collins Police Services began investigating Officer Haferman. The investigation began when Larimer County District Attorney’s office informed the police department it would no longer attempt to prosecute any more cases brought by Officer Haferman. They said that his testimony was too problematic.
A Nightmare for a Single Dad
A perfect example of a problematic case is the arrest of single father Harris Elias. He had gone out with his son to get some tacos when Haferman pulled him over.
“At first, he asked me if I knew why he had pulled me over…As soon as he asked me what I had to drink, I knew…”
Haferman then placed him under arrest to get tested for drugs and alcohol. A lab report found no evidence of either in his system. But he still had to pay his attorney fees, and the lab for testing, and because he had a minor in the car, he also had to fight for custody of his son.
Elias eventually got all his charges dropped and retained custody of his family, but it was not without damage, both emotionally and financially.
In another example, Haferman testified that when he pulled over Harley Padilla he was slurring his words. Harley is physically disabled from a motorcycle accident and uses a tracheostomy to speak through his throat. Harley spent a year in jail before he was cleared.
“I stayed there because I refused to admit I was drunk driving when I wasn’t.”
Suspicions Arise
The Larimer County District Attorney’s office was made aware of the suspicious cases this past summer and began to dig. They found that of the 504 DWI arrests his department made last year, Haferman was involved in 191 of them, or approximately 37%, 8 of which blood tests indicated no alcohol or drugs present. When the DA’s Office informed the Police Department they would no longer be prosecuting cases involving Haferman as an essential witness, they were informed that an internal review had already been started. But before it could proceed too far, Haferman resigned.
In contrast, approximately 21% of all DWI cases in North Carolina, and only 10-20% of all cases nationwide, get a non-guilty result. In these cases, the defendant was rarely sober, instead, it is much more common that a citizen’s rights were compromised. This can happen in a number of ways like an officer having no legitimate reason to stop the driver, a poorly administered field sobriety test, or an infringement on the driver’s constitutional rights.
Is the Nightmare Over?
In the case of Officer Haferman, according to the DA’s office, “(several of Haferman’s arrests were) made based on poor judgment, disregard for the proper procedures and training, and a misunderstanding or disregard of the legal requirements regarding probable cause.” However, because Haferman resigned rather than allow the Department to terminate his employment, he is still eligible for hire in any other Law Enforcement position in other Districts and States.
Several of the Colorado citizens who were arrested by Haferman did not like the idea of him being eligible to be hired by another law enforcement agency. They are filing a lawsuit against both Haferman and Fort Collins Police Department for pain and damages.
“It’s overwhelming. He got off scot-free.” –Harris Elias