You are here: News - Local

Published: Saturday, Apr. 09, 2011

Updated: 9:53 am Saturday, Apr. 09, 2011

Sheriff orders department to review DUI laws

Parkinson acts in wake of 2009 incident involving CHP captain

tool name

close
tool goes here
| nwilson@thetribunenews.com

The perception of special treatment in the investigation of Martin Whited, a CHP captain suspected of drinking and driving in 2009, sparked public outcry about the appearance of a double standard for law enforcement officers.

To avoid a similar situation, San Luis Obispo County Sheriff Ian Parkinson is taking steps to make sure department officials ensure equal enforcement of the law when it comes to CHP officers and other law enforcement officials.

After reviewing the case against Whited — dismissed by a judge for lack of evidence — the sheriff has directed his department to carefully review DUI laws and uphold the same legal standard for all criminal suspects.

While Parkinson offered to conduct investigations in potential conflict-of-interest cases for the CHP, a local CHP leader said the agency won’t consider changing its policy, which allows it to investigate its own officials.

Parkinson wasn’t sheriff at the time of the incident involving Whited in 2009. But since the decision to drop the case, Parkinson has directed supervisors and deputies to refresh themselves on the details of the law.

That includes the penal code section that states an arrest may be made based on circumstantial evidence of a driver in a parked car, such as in the Whited case.

Whited was found by sheriff’s deputies in a parked car near Templeton in March 2009 and showed signs of being drunk. The department then called a CHP captain who arrived and took Whited home, which was not the normal procedure. Usually a patrol officer would come and investigate.

The CHP has a memo of understanding with other law enforcement agencies — including the Sheriff’s Department — to take over DUI investigations if the other agencies first encounter a suspected drunken driver, as was done in the Whited case.

Neither deputies nor CHP officials called to the scene conducted a field sobriety test or a blood alcohol exam. The lack of evidence led Judge Michael Duffy to dismiss the case.

“My action is to simply prevent a situation (like the Whited one from happening again),” Parkinson said. “I want the department to fully understand the memo of understanding, the laws and my stance.”

Parkinson also said that sheriff’s officials in the future will call CHP dispatch to respond to a suspected DUI case — instead of a CHP captain, as happened in the Whited investigation — to avoid any appearance of special treatment.

The sheriff also has extended the offer to the CHP to have sheriff’s officials conduct investigations involving CHP officials suspected of criminal behavior, to avoid any potential conflict of interest.

“I have met with the CHP, and we have discussed making sure we follow the protocol,” Parkinson said. “If there are extraordinary considerations to be made and we’re asked to conduct an investigation, we’re happy to do it.”

CHP Coastal Division chief Adam Cuevas said Friday that the local agency may take Parkinson up on that offer on a case-by-case basis.

The agency likely won’t change its policy of conducting local DUI investigations of the general public, including CHP officials, Cuevas said. “Our general policy is that everybody gets treated equally,” Cuevas said. “They’re already trained that way, and we have ongoing training to constantly remind them.”

Cuevas admitted that mistakes were made in the Whited case, saying that CHP officials didn’t understand that the law allowed them to make the arrest.

He said that in past years, under older laws, suspected drunken drivers found in parked cars weren’t arrested, and noted that now the law allows for discretion in those instances.

“There was a mistake on our part,” Cuevas said. “I hope we never have an issue like this again.”

About comments

Reader comments on SanLuisObispo.com are the opinions of the writer, not The Tribune. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.

What you should know about comments on SanLuisObispo.com

SanLuisObispo.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. See our full terms of service here.

Here are some rules of the road:

  • Keep your comments civil. Don't insult one another or the subjects of our articles. If you think a comment violates our guidelines click the "report abuse" button. Responding to the comment will only encourage bad behavior.
  • Don't use profanities, vulgarities or hate speech. This is a general interest news site. Sometimes, there are children present. Don't say anything in a way you wouldn't want your own child to hear.
  • Do not attack other users; focus your comments on issues, not individuals.
  • Stay on topic. Only post comments relevant to the article at hand. If you want to discuss an issue with a specific user, click on his profile name and leave him a public message.
  • Do not copy and paste outside material into the comment box.
  • Don't repeat the same comment over and over. We heard you the first time.
  • Do not use the commenting system for advertising. That's spam and it isn't allowed.
  • Don't use all capital letters. That's akin to yelling and not appreciated by the audience.

You should also know that The Tribune does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "report abuse" button to submit those comments for moderator review. You also may notify us via email at webmaster@thetribunenews.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.

If you submit a comment, the username of your account will appear along with it. Users cannot remove their own comments once they have submitted them, but you may ask our staff to retract one of your comments by sending an email to webmaster@thetribunenews.com. Again, make sure you note the headline on which the comment is made and tell us your profile name.

Our news, your way

Get breaking news on your cell phone

Sign up for breaking news alerts from SanLuisObispo.com and get the latest news sent to your cell phone via text message.

Type in your cell phone number

( ) -

I accept the terms and conditions (click to view)

Keep your phone handy!

Upon hitting the Sign up! button, you will receive a message with a four-digit code at the end. Enter this number on the next screen and press the Confirm button.

Terms and Conditions:

By signing up for alerts from this site, you are signing up for a program that may include up to 5 SMS text alert(s) per alert category per day. There is no service fee charged per month but your carrier's standard text messaging and other charges may apply. You may stop this subscription service at any time by sending the text message "STOP" to 72737. You must be at least thirteen (13) years of age to use our alert services. If you are between 13 and 17 years old, you agree that you have received parental permission both to complete the registration process and to receive SMS content on your cell phone. For help, send the text message "HELP" to 72737. This service will work with ATT, Verizon, Sprint, Nextel, Alltell, US Cellular, Cincinnati Bell, Boost, Virgin Mobile USA, Celluar South, Telos, Centennial, East Kentucky Network, Cellcom, Immix and Rural Celluar.

Quick Job Search
Top Jobs