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Published: 5:24 pm Wednesday, Dec. 02, 2009

CHP officer pleads not guilty in DUI case

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The former CHP captain accused of driving under the influence pleaded not guilty today to a misdemeanor charge of driving under the influence.

Martin Joel "Marty" Whited, 49, was charged in connection with a March 12 incident, which happened at El Pomar and Neal Springs Road near Paso Robles.

That night, while on patrol, two Sheriff’s Department deputies allegedly discovered Whited in a state-issued black Ford Crown Victoria on the roadside.

The deputies reported that Whited responded, "I'm fine," when asked his condition.

But they also said that he was unsteady and had to lean on his car and smelled of alcohol. CHP Capt. Bill Vail was called to the scene of the incident.

Vail advised deputies Terrell and Norris "to take the appropriate enforcement action and not give Captain Whited any preferential treatment."

The report states Norris said they were not going to arrest Whited for DUI, because they had not observed him driving.

No blood test was taken of Whited and no arrest was made at the time of the incident, but the charge was later filed.

A trial setting conference in Whited’s case is scheduled for Jan. 13.

Whited was an administrative captain in the Coastal Division headquarters of the CHP on South Broad Street in San Luis Obispo.

He has since been demoted to lieutenant and is working in Modesto for the CHP.

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