DUI Arrest Champ Faces Same Charge

Wednesday, November 11, 2009 2:59 AM
By Greg SowinskiThe Lima News LIMA, Ohio --

An Ohio State Highway patrolman once honored as a post trooper of the year and for the number of drunken-driving arrests he made was arrested Sunday on a charge of drunken driving. Gerald L. Gibson, 45, was charged with drunken driving and a lane violation, Auglaize County Municipal Court records show. Gibson's arraignment is scheduled for Thursday in Wapakoneta.Gibson, whose most recent assignment has been as an investigator at Allen Correctional Institution in Lima, has taken a leave of absence because of his arrest, said Sgt. Richard Reeder, a spokesman for the State Highway Patrol.Waynesfield police made the arrest, Reeder said.Waynesfield Police Chief Nathan Motter said he stopped Gibson at 12:24 a.m. Sunday on Rt. 196. Gibson's vehicle had drifted left of center at least twice, he said.Motter noticed several signs of alcohol and asked Gibson to take a breath test, which he refused, Motter said."There were multiple reasons that led me to believe he was intoxicated," he said.Motter said Gibson was off duty at the time and in a personal vehicle.Gibson was named the 2002 trooper of the year at the patrol's Lima post. He was chosen based on leadership, professional ethics and enthusiastic work attitude. Mothers Against Drunk Driving honored Gibson in 1997 for the most drunken-driving arrests by a Lima post trooper.Gibson joined the patrol in May 1990.

Intoxilyzer 5000 Problems

The Intoxilyzer 5000 has had numerous issues over the years. However, the government always falls back on the position that the machine runs a self diagnostic check to ensure that it is working properly. This is fine if the self diagnostic test actually works. Dr. Stephen Rose and Charles Smith, International Forensic Research Institute located at Florida International University ran various diagnostic tests on the Intoxilyzeer 5000 with key parts disconnected. They found that the machine does not ahave the ability to recognize when key parts are disconnected and still showed the diagnostic test to be OK. Some of these key parts were vital to ensure that outside interferents would not affect the test.

LIST OF ITEMS THAT CAN BE DISCONNECTED-INTOXILYZER 5000


INTOXILYZER 5000- Model 6600

1. External breath tube Diagnostic OK
2. RFI external antenna Diagnostic OK
3. RFI connector on the mother board Diagnostic OK
4. Cooling fan Diagnostic OK
5. Internal breath tube heater Diagnostic OK
6. Solenoid #1 Diagnostic OK
7. Solenoid # 2 Diagnostic OK
8. Sample chamber heater Diagnostic OK
9. Pressure switch Diagnostic OK
10. Internal pump Diagnostic OK
11. Key Board Diagnostic OK
12. LPT (DATA) port Diagnostic OK
13. Reset switch Diagnostic OK
14. Start button Diagnostic OK
15. Display Diagnostic OK
16. External breath tub heater Diagnostic OK
17. Dip switches Diagnostic OK
18. Partial Power supply Diagnostic OK
19. Printer pin control Diagnostic OK
20. I.R. Source Diagnostic OK
21. Filter wheel motor Diagnostic OK
22. Power supply No response
23. Printer head controller Processor error
24. Thermostat assembly Processor error
25. Unplugged from wall No response

The machine used was model 66 each part was disconnected singular, all other parts were still connected. The device gave the above listed messages after the self diagnostic program was run. All tests were conducted under the supervision of Dr. Stephen Rose and Charles Smith, International Forensic Research Institute located at Florida International University

Oklahoma License Modifications

This is very positive news. My understanding is that the law will take effect November 1, 2009. No word on whether it will be retroactive BUT there is case law which states that the law in place at the time of the request for modification is controlling. So, we can request modified licenses on clients currently suspended and not eligible for modified licenses under the current law after November 1st and the new law should control making the suspended driver eligible.

Positive New Law

The Governor recently signed a new law which will allow modification of 1 and 3 years suspensions due to DUI. In the past the drivers were barred from driving and there was no legal relief. The new law will allow drivers to install an interlock device and drive any vehicle on which it is installed. Also it appears that a hard license will be available to these drivers rather than the previous paper license they had to carry.

This is positive for the driver who can still maintain a life, protect their jobs, get groceries, medical treatment and do the daily things that requires an automobile in Oklahoma.
It is positive to the general public because people will not be forced to drive without a license, drive with out insurance and they will be driving with an interlock device so they cannot be drinking and behind the wheel.
It is a win for both sides of the equation.

Five Alabama Cops Fired

The video is disturbing. What is interesting is that it wasn't caught till later when the prosecutors were preparing to try him for assault from the same incident. It is apparent in Anthony Warren's mug shot that he was badly beaten. Mr. Warren was unconscious and did not know he was beaten, He thought the injuries were from the car accident. Mr. Warren pled guilty to the assault and was sentenced to 20 years.

5 Cops Fired for beating Man

The following video is very disturbing. Men who have sworn to uphold the law are beating a defenseless man who appears to be injured. Their job is to uphold the law, not dispense their personal version of justice. The courts are designed for administering punishment.
If a normal citizen acted in the manner these men did, they would quickly be placed in jail. View the video and see for yourself:

http://www.cnn.com/video/?/video/crime/2009/05/20/pn.car.chase.rollover.cnn

SUPER LAWYER

What is a Super Lawyer? This could mean many different things but John and I are the first DUI attorneys in Oklahoma to have been formally recognized as Super Lawyers by Law and Politics.
This distinction is available to the over 10,000 attorneys in the Ste of Oklahoma but is limited to the top 5%. Every attorney is surveyed for their opinion on the nominees and their background is checked along with their records for representing their clients.
This is an honor because it is recognition based heavily from our peers who see our work on a daily basis.
John and I have been selected every year since the first recognition in Oklahoma.