Local News
Most Viewed
Hot Topics
Security video proves man not guilty of DUI
Last May, Montgomery County Police Officer Dina Hoffman responded to call about a man passed out in the back seat of a car and arrested 56-year-old George Zaliev of Rockville, who was then charged with drunk driving.
Please note that WTOP strives to be a family-friendly web site, so please keep the language clean when you add your comments. We reserve the right to accept or reject any message. Thanks.
-
Mike Causey's Federal Report
On Federal News Radio, AM 1500 -
mobile.WTOPNEWS
Get Text Messages and wtopnews.com on Your PDA -
Contact Us
Send us a comment or a news tip -
Emergency Preparation
Is your family prepared?
Home | Site Map | Advertise with Us |
Contact Us | Privacy Statement | Terms of Use | Copyright Infringement
| EEO Public File Report | Bonneville International
RSS Feeds
Podcasts
AP material Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
| EEO Public File Report | Bonneville International
RSS Feeds
Podcasts AP material Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
![[Federal News Radio]](/images/layout/header2/sister_wfed.gif)
![[Costum Commute]](/images/custom.gif)
![[Listen to WTOP]](/images/layout/buttons/listen_button3.gif)
![[WTOP Audio Center]](/images/layout/buttons/audio_button3.gif)
![[Home]](/images/layout/header2/logo.gif)






Full retirement for MoCo's Finest!
The older I get, the better I was
The cop wants to play "Judge and Jury" too, so they decide on the spot whether you are guilty or not. Then they mold the "facts" to support that conclusion. The "truth" is not a necessary objective.
This guy is lucky two-fold. One that there was a camera, and two that he could actually get the video from it to support his version of the story.
Now obviously there was no evidence of DUI driving. But isn't there anything in MD about "drunk in public"? But of course you have to make the right charge. I guess the cop wanted the extra money for OT and donuts that the DUI charge would bring.
All cases brought by this liar cop should be thrown out, and this cop should receive some form of discipline. I don't think losing the job (at this point) is appropriate, but something in the personnel file to show if a pattern is present. Something other victims can refer to if necessary.
People just don't realize how typical this is of interactions between police and citizens.
She knew the law and knew EXACTLY what to say in order to send an INNOCENT MAN to jail. She is a DANGER to the community.
We've always been told that you CAN be charged with DUI while sitting in the back seat with the keys in your pocket and that if you approach a vehicle with the keys while drunk you could be charged. It turns out that this was yet ANOTHER lie. It really never made sense to me but I just accepted it as fact. Like being charged with "assault on a law enforcement officer" if you kick a police DOG....
So.. It turns out that the TRUTH is.. In order to be charged with OPERATING a motor vehicle under the influence, you must in fact be OPERATING IT. Fancy that.....
She should be fired and charged with perjury and false arrest.
John 3:16
But with DUI, the charge is that you are operating a motor vehicle under influence of alcohol, therefore, you must be actually operating the vehicle. Otherwise, the charge would need to be intent.
And yes, I think police officers who deliberately commit perjury should be fired and prosecuted. We are at the mercy of officers of the law, and the courts need to be able to rely on their accounts of a scene or crime.
The reasoning goes along the same line an assault charge that involves kicking the cane of a disabled person. The cane is not part of a person's body, but it is an extension of their body because they are holding it for support.
Similarly, throwing a snowball at somebody's car while it is being driven can result in an assault charge. The car is an extension of the driver's body, so long as the driver is in it.
Assault can be any offensive touching.
John 3:16
As for the officer, I think some people are being a bit too harsh. Yes, she was out of line for the charge. But every day officers have to make decisions based on what they feel will protect people. While her overall judgment may be off, her intent to protect people from a potential drunk driver were probably correct.
And to be perfectly honest, I'd much rather stop a drunk driver BEFORE they kill someone.
John 3:16
John 3:16
Odd Thomas
She flat out lied and should be fired, charged with perjury and any other realted crimes.
This simply cannot be tolerated!
Our justice system needs revamping.
She lied.
She is a disgrace and will never be able to testify in court again.
She should be fired immediately.
Stopping a drunk driver before they kill someone is good, but this guy wasn't driving. He was sleeping in the back seat, with the door open. You can't injure anyone by sleeping in the back seat.
Odd Thomas
I know a lot of people in the law enforcement community and for the most part they are decent people that try to uphold the law to the best of their ability. Unfortunately there are a few that get a "I am better than the citizen because I am a cop complex" and that is totally unacceptable.
If this officer didn't react to the situation without keeping her personal agenda out of it then she is no longer capable of being a "Law abiding citizen"
No one is above the law and she should be fired immediately!
Hopefully you draw the line at planting evidence, but hey, if they're intent is right. Protect the people and all that.
The court laid out a 6 factor test to determine whether or not the person had driving the vehicle while under the influence or was simply using the vehicle for shelter:
1) Whether or not the vehicle's engine is running or the ignition is on;
2) where and in what position the person is found in the vehicle;
3)whether the person is awake or asleep:
4) Where the vehicle's ignition key is located;
5) whether the vehicle's headlights are on; and
6) Whether the vehicle is located on the roadway or is legally parked;
If you're bored:
http://www.marylandduiattorneyblog.com/2009/02/third_time_duidwi_offender_suc.html
If there is ever a case that relies solely on her word, who is the judge going to believe? This may be the reason why she needs to go.
Why didn't you just attach your Grandmother's buncake recipe? Would make as much sense as your above response to my bench trial post.
The more important point is that you are mistaken in your contention. When there is no jury, the fact finder is a judge. When there is a jury, the fact finder is the jury.
Moreover, fact finders are held to the same rules of evidence with regard to believing witness testimony, whether the fact finder be a judge or jury.
In essence, then, you evade admitting being mistaken by distracting us with a "red herring" by observing that your original post never mentioned "jury selection."
The vastly more important point, that you deliberately gloss over to save face, is that jury instructions are the same instructions that a judge also follows, with respect to believing witness testimony.
Therefore, I was proper to cite jury instructions to refute your original contention.
Three, I'm spot on to my first post. Judges do give great deference to police officer's testimony for many reasons. One being, MOST officers are testifying truthfully and know that the price to pay for falsely testifying is too great.
Four, as in this case, this was a bench trial in District Court. Jury trials are held in Circuit Court.
Nothing was evasive. Answer: where did "jury selection" come from? Your imagination? Your points are all convaluted. Have you been drinking already?
You then feign being more enlightened than me by pointing out the obvious. i.e. that jury trials are held only in Circuit Court, as if I didn't know.
Judges do not give more credibility to testimony of police officers, period. Testimony is testimony, regardless of its source. A judge has no choice but to interpret testimony without bias because there is no rule of fact finding or rule of evidence, spoken or unspoken, that allows a fact finder to believe the testimony of a cop sooner than testimony of any other witness.
Moreover, the rule of evidence that pertains to the character of a witness can be applied with equal adversity to police officers as to civilians.
In other words, you just don't know what you are talking about; although your rhetoric might make it seem so to somebody else who likewise doesn't understand.
It's obvious who doesn't know what they're talking about.
Your mistaken contention in your original post reveals you didn't know that. You therefore feel that your only means to save face is to harass me via your subsequent posts that amount to nothing more than a tirade.
If you understood legal process, you would be fun to debate with; but since you don't, you are nothing but a nuisance.
that could apply. But then again I guess they can make most any
thing apply if they want to. Am so glad this got tossed out and the
officer needs some type of punishment for sure.
She could have pointed her car directly at the car. She was trying to cover this up from the word "Go".
She needs to be fired - today!
The older I get, the better I was
What has Manger done to the MoCo popo? They used to be halfway decent before his reign. Now they are about par with PGPD.
MoCo PD Chief Tom Manger used to be Chief in Fairdax County
Both departments are strongly unionized.
Things like this happen all the time not just in both counties, but throughout the region.
DWI is a crime of violence. However, it must never be considered a"cash cow" or any other source of revenue.
This officer will likely lose her job in Maryland, but has a bright future in Fairfax County. Her ethics will fit right in!
I am sure Manger was in for a surprise when he went to MoCo. First that the police could get away with much more and then to deal with the liberal attitude that there are no criminals only victims of society.
In other words, judges know that cops are as likely to give perjured testimony as any other witness.
But cops are not the only culprits. Most witnesses perjure themselves to some degree. All witnesses inherently struggle with what is best for themselves, versus what is best for either plaintiff or defendant whom they hope wins, versus telling the untainted truth.
Going to Court is ugly because it brings out the worst in people. That is why it is best to stay out of Court, if at all possible.
Odd Thomas
As for defendants, who are not trained to testify, sometimes they come across as unpersuasive simply because their testimony is unrehearsed, they stutter, and so forth. This is true, even for defendant who tell the truth.
Who comes across as a more persuasive witness therefore has more to do with the fact that defendant's don't know what to anticipate when going to Court, whereas cops do know what to anticipate. It has nothing to do with judges being predisposed to believe a cop.
Why are you trying to "outsmart" people. Not very impressive discussing an entirely different court when the story is all about a bench trial.
You don't know what you are talking about, John D; and you are fuming mad because I persuasively pointed it out; and so the only thing you can do to retaliate is to deliberately confuse the issue by being picky with the semantics of my posts in ways intended to distract from the mistaken contention in your original post.
And stop voting with approval your own posts, while marking mine offensive. It is blatantly obvious because nobody else but you would be so passionate about our exchange.
Plus you serioulsy contradict yourself.
But instead, the defense knew the cop was lying; and so rather than show their hand, the defense allowed the case to go to Court, so as to cause the cop to perjure herself in front of a judge. That outcome was far more dramatic and satisfying for the defense than having a pretrial dismissal, wherein the latter would have never made the news and hence would have resulted in no embarrassment for police.
Btw, some cops lie all the time. It's not always so clear. But when one of them puts her neck on the block, why not chop it off.
Anyone else wonder if this is the only time she has lied in court?
This necessarily means the defense attorney understood that timeliness meant everything in discovering whether any surveillance tape existed; and that he therefore must have been in possession of that surveillance tape from the moment it was created.
Are you switching the burden of proof to the criminal defendant?
Understand something, a criminal defendant does not have to prove or share anything. The government must prove its case beyond a reasonable doubt.
Face it, John D. You are still fuming mad because I proved you stupid at your original post above, entitled: "Robert H., most judges give overwhelming deference to police officer's testimony."
And to get even with me, you got drunk today and have been posting offensive posts in response to all my posts, ever since. And indeed it does seem you are drunk because your posts are a tirade that has deteriorated into rambling as today progressed.
No one forced the officer to lie under oath. Up until the instant she spoke those words on the stand she had the choice not to.
The defense being aware that she lied in the past does not guarantee she will lie on the stand. No matter how likely the defense thought it would be that she would lie again, the defense isn't responsible for the words coming out of her mouth on the stand. She is.
Whether it is satisfying for the defense as you imagine or not, it is a service to the community to expose her conduct in the light of day in open court.
You have lost the public's trust and if you have any pride left at all, you would quit...
Years ago, I had too much to drink one night and when I got behind the wheel of my car realized that i was in no condition to drive so I reclined the seat and just before i passed out, I pulled the keys from the ignition and threw them on the passenger side floor. A cop pulled up behind where I was parked on a street, woke me up, and told me I was so lucky that I did not have those keys in the ignition. Saved my sorry rear that night!
Odd Thomas
Tree of Liberty before we become
Our own worst enemy?
Odd Thomas
Tree of Liberty before we become
Our own worst enemy?
Tree of Liberty before we become
Our own worst enemy?
Time in Court is also very precious; and for that reason, prosecutors have no interest in trying cases that they know they are going to lose.
The reason this cop must be fired is as much practical as it is disciplinary. Her testimony is forever worthless in Court. Every future defendant, where her testimony is critical, will be acquitted because the defense will introduce evidence to establish this cop's history of perjury.
A cop whose testimony is inadmissible, due to prior instances of perjury, is a cop who is worthless to the police department that employs her.
That's just the way it is....
Odd Thomas
Al these calls for the officer's resignation are legit. If sworn officers can't be trusted to offer truthful accounts, what good are they?
De 19:16-21. Punishment of a False Witness.
16-21. But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on [158]Ex 21:23; see also Le 24:20).
She should have her drivers license suspended for six months and of course can no longer be trusted with the color of authority, she is a liar.
John 3:16
I'll take grace over rules any day.
You go Martin Luther!
Tree of Liberty before we become
Our own worst enemy?
Tree of Liberty before we become
Our own worst enemy?
Good thing he found and hired a competent lawyer, they are few and far between.
This is exactly why public relations between the police and the public are at all time lows. No trust in the police or the corrupt justice system. Atleast the system worked for this guy this time.
MADD moms don't care. Because it really isn't about safety anymore. It is about prohibition.
Odd Thomas
Thabnk god for Virginia's Right to Work laws!
Tree of Liberty before we become
Our own worst enemy?
My typing goes out the window when I'm annoyed by government over-reaching
Tree of Liberty before we become
Our own worst enemy?
John 3:16
Tree of Liberty before we become
Our own worst enemy?
"That will show unequivocally that the officer did nothing wrong and was only accidentally mistaken"
Odd Thomas
But we'd actually have to roll that earlier footage to see. It might have been a friend. Or him earlier when he was sober. Well, let's take a look. Here it is now and ...
(cue Journey's Don't Stop Believing)
If the arresting officer purposefully lied just to get an arrest, then she should definitely be reprimanded and something official be placed in her file.
Fancy, you are assuming he drove there. We don't know that. The circumstances can be explained in a myriad of ways. Not simply that he had driven there...
Odd Thomas
The Virginia State Bar is quick to claim that they do not address "strategy" grievances, but most attorneys are "good apples". When asked to identify the "good apples" they cannot support the claim of a competent, diligent population - but their members turn in their papers and have good attendance.
With the avoidance by the courts enter "law enforcement officers" who can say anything and it will be taken by both defense, prosecutors and the courts without contest. It is good that this one "bad apple" was caught - the question is how many others are out there, how many liars, thugs and bullies ?
It could be said that we had bad attorneys, we were punished but then there may have been a crime committed against us, attorney fraud, assault, frame, lying on a police report and yet when notified of such activity the authorities did nothing. The do nothing authorities start with the attorneys, Bar, Police Chief of Manassas, Mayor, Governor of Virginia and the FBI. At the time I did not find a contact for Manassas "Internal Affairs".
The question remains "where is the CVS store video ?"
http://criminaljustice.change.org/actions/view/reform_attorneys_with_functional_oversight
In this case we have a police officer that made a horrible decision to arrest this man and then gets the facts wrong in court to the point that the line between criminal and police officer becomes reversed.
This deserves a police board review and possible disciplinary action up to and including dismissal.
Remember this same officer is carrying a firearm. Do you think they just might make a decision to shoot the wrong person too and cover it up?
It's not easy being an officer, but a bad decision made on the part of the officer in this case causes a lot of good police officers to look bad.
Frame and convict me, claim to adhere to "rule of law" and then when confronted with evidence cover it up. Not the jerks that beat me up, their tactics were amusing. It is the cover up that is insidious and demonstrates the lie - dishonorable activities do not engender a healthy society, does not keep citizens safe, it shows that the "law" is irrelevant and biased, identifies that authority is not a solution, just an obstacle to be avoided.
Consider those involved in the banking crisis, it is your money, how are the authorities addressing those criminals. How about the Jay Bybee Memo's allowing torture ? How would you feel if someone came into your country and tortured your family ? Assaulted you in a store after you spent the night in the hospital because your girlfriend had a breakdown ? Such activities do not gain support from the community, it grows hatred, resentment and finally indifferent amusement.
Nothing is changed, the policies have not - cover up, avoidance, collusion, obstruction - law enforcement at its finest. Glad this attorney played the game like it is supposed to be played - did we find one competent defense attorney ?
Where is the CVS store video folks ?