Atlanta police officer, Daryl Vann, is on administrative leave pending an investigation into Gwinnett County charges that he was driving drunk.
Officer Vann, on the APD (Atlanta Police Department) force for three years, was charged early Monday with DUI, speeding and improper lane change after he was pulled over just north of Pleasant Hill Road on Interstate 85, driving more than 20 miles over the speed limit, according to a report released Thursday.
According to the report, a member of the DUI Task Force saw a grey Nissan Altima weaving and speeding approximately at 2 a.m. The Gwinnett officer followed the vehicle for a while before pulling him over, the report said.
The report said Vann failed a field sobriety test- following the officer’s finger with his eyes; standing on one leg and walking heal to toe. He was given a breathalyzer later, showing a blood alcohol content of .1, which is above the.08 which is what the state law says is the legal drinking limit.
Vann told the officer he was rushing home after have several beers- he couldn’t remember how many.
“During the evaluation the driver, [Officer Vann], asked for professional courtesy and I advised him that was not an option,” the Gwinnett officer wrote. “I advised him that I had previously arrested other officers for [a] DUI and there was no officer discretion when it came to [a] DUI.”
Officer Vann is now on administrative leave pending an internal investigation of the case. He nor any person should ever be presumed guilty or be pre-judged in any criminal case, and has the right to a fair review of his or her case with the presumption of innocence.
People are not prosecuted by a machine, therefore, the State has the burden of proving the case beyond a reasonable doubt. The State has to prove that the breath-testing machine was working and was property calibrated.
The other problem Officer Vann is facing is retaining his P.O.S.T. Certification. (Peace Officer's Standards and Training). P.O.S.T. will try to sanction him and may even pull his certification to be a police officer.