By Garth O'Brien | November 13, 2007
Filed Under DUI News
Corvallis, Oregon – There is an update to the Officer Cox matter from Corvallis. Officer Dave Cox is well known for his performance and has been referred to as being, “one of the most productive Corvallis, Oregon police officer.” Unfortunately, Officer Cox was arresting innocent people. In fact there are 27 questionable DUI arrests by Officer Cox currently under investigation.
Corvallis defense attorneys state arrest notation cannot be expunged from your record. That means David E. Picray will have a DUI arrest notice on his record even though he provided a breath test sample of 0.00, and his drug test confirmed zero drugs were in his system.
Office Dave Cox was named DUII Enforcement Officer of the Year in 2003. Absolutely scary. How many innocent citizens were forced to pay lawyer fees, take time off of work and suffer embarrassment because of Officer Cox’s incompetence? How many people accepted a plea bargain to a lesser criminal charge because they were scared to go to trial and fight the wrongful DUI?
Trust me the Officer Cox foul up is not uncommon. I once had a client in a similar situation. He was arrested for DUI and cooperated with the investigation. Various police officers concluded he was NOT under the influence of alcohol or drugs. The prosecuting attorney still charged him with the crime of DUI. My client had to pay my fee, attend 4 court appearances and miss work because of an incompetent prosecutor.
The prosecutor would not dismiss the case because she had filed the criminal charges. We had to go to a motion hearing and present evidence before a judge. Our judge was furious and dismissed the case.
Police agencies cannot tolerate or allow incompetence. Mr. Picray is not being prosecuted criminally, and yes he will avoid the typical nightmare a DUI arrest creates. However, he must deal with this issue and have a blemish on his record because of a bad cop. This is why people are afraid of the police. Quality control must be improved across the nation in all police departments. It is okay to have one bad egg from time to time, but these instances are cropping up far to often.
The Corvallis Police Department is much better off with Officer Dave Cox resigning. Now make sure the remaining officers are trained properly and performing their jobs in accordance to our laws. It is protect and serve, not arrest more than your colleagues.