Decision Pending in State Rep. Parker's DUI Case

One drink or many is the main question in the trial of state Rep. Cherelle Parker's, D-200, who is charged with driving under the influence.

During testimony for a pre-trial motion Tuesday in courtroom 806 at the Criminal Justice Center on Filbert Street, Parker stated that she consumed one chocolate martini prior to driving April 30, DUI charges. Officer Israel Miranda, with the 14th district and one of the arresting officers, testified that Parker told him she had two beers and a couple of chocolate martinis before driving.

The motion requests that all evidence against the state rep be surpressed because he believes it was obtained illegally.

"The officer testified that not one car was on the road, which is incorrect, he said he didn't think you could operate a vehicle if you had one beer, he said that he saw her driving down a one-way road but it would be impossible not hit something if you were driving the wrong way down that road," Parker's lawyer Joseph Kelly said. "This is why she pushed to go to trial."

Kelly also contends that, due to faulty calibration, Parker's breathalyzer results may be inaccurate. The results from the test have not been released.

During several hours of testimony both Parker and the arresting officers recalled the evening. Miranda and his partner, Officer Stephanie Allen, both stated in their testimony that they saw Parker driving the wrong way down Haines Street, which is a one-way street and that they pulled her over in the 5800 block of Baynton Street. The officers stated that her eyes were glassy, she appeared confused and that she had trouble walking. Both testified that they detected an odor of alcohol coming from Parker and that she did not have a license at the time of the arrest.

Their testimonies differed when asked about how far away from Parker's car they were when they noticed her going the wrong way and whether or not a vehicle was in front of them when they noticed.

The paperwork was also a concern for Parker's lawyer Joseph Kelly. Although the officers testified that she had glassy eyes, the paperwork from that night stated that she had a normal gaze. They testified that Parker pulled over on southbound Baynton Street but that was not documented in the paperwork. If Parker did cross lanes of traffic to pull over on the southbound rather than the northbound side, as the officers stated, Kelly said that was a major fact in the case and should have been documented.

There were also slight contradictions about the exact time of the arrest and the amount of time it took to make an arrest.

But according to Parker's testimony, there were some major discrepencies. The state representative stated that the officer's statement about her consuming two beers and a couple martinis was "absolutely not true."

Parker stated that she had been at two events the night of the arrest and had not traveled on Haines Street that evening due to congestion. She told the court she pulled over onto southbound Bayton Street immediately after she saw the police emergency lights and cooperated with officers.

She said she told the officer she had had a drink and within a minute-and-a-half she was arrested. While both arresting officers testified that she did not have a license, Parker maintained that she produced her license when it was requested.

The case, Kelly said, comes down credibility.

"Officer Miranda testified that you cannot drink alcohol and operate a vehicle, that is the level of subjectivity we're dealing with in this case, this is not prohibition," Kelly said. "The officers impeached themselves, they contradicted themselves and important facts are not in the reports. Their testimony is not credible."

But John Jay Flannary, for the commonwealth, argued that there was no reason why two officers, who do not know Parker, would make up details of the case.

"Ms. Parker has the most to gain from her testimony. There is just no reason for these officers to make this up," he said. "Were there differences in their testimony? Sure, but that happens every day."

What matters, Flannary said was that both officers said they saw Parker traveling the wrong way down a one-way street and detected an odor of alcohol on her breath.

After several hours of testimony, the judge said he would render a decision Nov. 1. If he rules to supress all evidence then Kelly says Parker would win. If not, the trial would proceed.