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DUI Suspects May Go Free Due To Questionable Arrest Reports

POSTED: 5:49 pm EST November 16, 2005

ORLANDO, Fla. -- 9 Investigates has uncovered dozens of DUI suspects that may go free because sheriff's deputies appear to be using pre-written arrest reports. There are some experts who believe this may even amount to perjury.

When a deputy makes a DUI bust, the officer writes an arrest report. It's the official record of what the deputy says happened. But Eyewitness News has uncovered dozens of Orange County DUI arrest reports that apparently have come from pre-written templates.

One report, for instance, says the suspect "stumbled slightly when walking and swayed moderately ... with a three inch to five inch orbital rotation/sway." At least ten reports, written by the same deputy over a six-month period, use the exact same phrase. Even reports written by other deputies contain that exact phrase.

In many reports, the deputy noticed the "strong odor of an alcoholic beverage within my interior cab." That exact phrase appears in report after report. And it's there whether the suspect's blood alcohol content was anywhere from .03 to .16. 9 Investigates found 11 other reports, written by a different deputy, that use those exact words, again, no matter how much the suspect had to drink.

"It just doesn't smell right," said DUI defense attorney Stu Hyman. "It's a sad state of affairs when somebody hasn't even committed the offense yet, but the report has already been written."

9 Investigates found one deputy whose suspects always do an "orbital rotation" and always "counter-clockwise." Five deputies always leave their suspects in the car for exactly five minutes before smelling alcohol. In one case, a suspect was described as "he/she."

It all leads Hyman to believe the reports were pre-written.

"Why is it that everyone is swaying three to five inches? Why isn't it two to eight? Why not one to seven inches?" questioned Hyman.

Sandra Johnson worries attorneys will use the deputies' reports to get DUI suspects off the hook. A drunk driver killed her only child.

"Is he not taking the time to get all the information when he's doing his report? If that's what he's doing, he needs to have his a** kicked," Johnson commented.

9 Investigates contacted the sheriff's office commander to see if they were worried about it, but they never responded.

9 Investigates found court testimony where a deputy indicated the sheriff's office has computer DUI templates. The deputy testified, "I've been told people use them. I just choose not to."

Hyman speculates deputies are using buzzwords, hoping to strengthen their cases. But he believes those words will backfire and he'll be able to help his clients walk free. That infuriates Johnson.

"When that driver kills somebody, it's on that officer's head," she said.

Hyman actually believes if the deputies are using pre-written templates, they may be committing perjury. Prosecutors say it might not rise to that level, but anything that makes a jury question the authenticity of an officer's report could jeopardize a case.