The county District Attorney's Office has filed a misdemeanor complaint of driving under the influence against a former CHP captain found in a stopped state car by sheriffs deputies late on the evening of March 12 in rural Templeton.
Martin Joel Marty Whited, 49, was charged with violating Vehicle Code Section 23152(a), or driving under the influence. His arraignment is set for Department 6 of the San Luis Obispo County Superior Court at 8:30 a.m. on Dec. 2.
Another drunken driving charge in California is 23152(b), or driving with a blood alcohol content above 0.08. But that charge requires that blood evidence be taken from the suspect, and none was taken from Whited in the episode that has triggered allegations that law enforcement treats its own differently than members of the public at large.
On that night, Whited was not tested or arrested.
Whited was an administrative captain in the Coastal Division headquarters of the CHP that is located on South Broad Street in March. He has since been demoted to lieutenant and is working out of Modesto for the CHP, according to a state spokeswoman.
For more on this story, pick up a copy of The Tribune or check SanLuisObispo.com on Friday.