LOS ANGELES, CA – An accused’s racial trauma was overlooked by the arresting officer’s testimony during a driving under the influence/DUI jury trial at the Los Angeles County Superior Court Airport Courthouse Friday.
Body camera footage of the arrest was shown while Deputy District Attorney Daniel Hardin Linehan was asking the officer questions regarding the arrest, when the officer claimed the accused was purposely delaying the alcohol assessment while stating he was nervous as a Black man being arrested by three police officers.
The accused is being charged with the DUI within 10 years of two other DUI priors, two DUI convictions within 10 years and driving with a .15% Blood Alcohol Content or refusing to take a chemical test.
The accused was also driving with a privilege suspended/revoked for a DUI conviction after prior. The offense date for these charges occurred on May 12, 2024, when the accused allegedly ran a red light, causing him to be pulled over.
The body camera footage showed the officer conducting a field sobriety test for the accused. In the video, the officer asked the accused to stand in a particular way. The deputy district attorney then questioned the officer’s actions and the officer claimed he wanted to see the accused’s ability to follow instructions to determine impairment.
Moreover, the DDA asked the officer if the accused had alcohol in his body and if it would go away over time. The officer then responded that the body metabolizes alcohol over time.
In the body camera footage, the officer asked the accused to close his eyes, have his hands at his sides, and estimate 30 seconds. The footage shows the officer to the right of the arresting officer with a timer on his cell phone keeping track of the correct time. The accused stopped the test at 23 seconds.
The DDA then asked the officer if it signaled alcohol usage if the test was stopped at 23 seconds as opposed to 30 seconds. The officer then responded that “anything less than 25 shows alcohol could be present.”
In the video, the officer is explaining to the accused the next portion of the test where he should stay in the starting position, and then the officer testified the accused did not stay in the position as was instructed. The footage shows the officer saying to the accused, “You already mentioned to my partner you had nothing to drink tonight.”
The footage showed the accused showing signs of nervousness as he explained to the officer, “Every time I get stopped by a cop I f**king shake.”
The accused added, “You’re not Black I’m sorry, this s**t is terrifying” as he was being arrested by three white cops. The accused then said, “This stuff is traumatizing, because if I do this and I do the wrong thing you will take me in.”
The officer then stated the instructions for the field sobriety test were given five minutes prior to the accused’s statements demonstrating his nervousness. The DDA asked the officer if this was signaling the accused was “prolonging the investigation,” to which the officer agreed.
The footage then shows the officer instructing the accused to count toward one thousand with one foot off of the ground. The officer claimed that due to the accused’s hands not being at his side he could not maintain his balance as he was instructed to do so.
The officer also claimed the accused did not count out loud as he was instructed, to which the DDA asked if this was a clue of intoxication and the officer said it was.
The DDA continued the footage showing the officer placing the accused under arrest for a DUI. The officer then informed the accused that he had implied consent and could choose between a blood test or a breathalyzer. The accused chose the blood test. The trial will resume this week.
