Officer cleared by appeals court of false testimony

An officer has been cleared by an appeals court in the state of Kentucky for reportedly giving false testimony in a drunk driving case stemming from 2015. The Kentucky Court of appeals issued its ruling last week and stated that a judge's finding that a Metro Police Officer provided false testimony was "wholly unsupported."

In the ruling from July 31, 2015, the Jefferson District Court judge said that the officer's "false" testimony about his radar gun being properly certified was "extremely troublesome." She also ruled that the traffic stop was improper and then threw out all the evidence of a DUI case.

An internal investigation by the Louisville Metro Police Department has already cleared the officer of any wrongdoing. Prosecutors filed the appeal and a judge in Jefferson Circuit Court agreed that the testimony was not falsified. The appeals court ruled that the officer was not intentionally untruthful and did not lie under oath when giving his testimony.

"I am heartened that my office could help this Louisville Metro Police Officer clear his name and receive the justice he deserves," a county attorney said in a statement. "This officer, like so many others in law enforcement, serves our community with honor."

It is possible that the initial DUI case thrown out of court in 2015 could come back to court now that the officer has been cleared of any wrongdoing. If it does come back, it has been requested that the original judge be kept off the case because of her "malicious attack" on the character of the officer.

The ruling from the appeals court stated the following: "He could not recall the exact date on the certificate of calibration for his privately-owned radar unit, giving clear indication that he was not attempting to hold himself out as performing calibrations on his radar unit."

The aftermath of a drunk driving accident in Kentucky can be downright scary and stressful. You might have suffered physical or emotional injuries. Maybe you lost a loved one. An experienced personal injury attorney can help you understand what will happen next.

Source: WDRB, "Kentucky appeals court clears LMPD officer accused by judge of giving 'false' testimony," June 23, 2017

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