DUI charge against Chesapeake officer thrown out
August 2, 2006 - CHESAPEAKE - A drunk driving charge against a city police officer was thrown out of court Tuesday - although prosecutors believed they had a strong enough case to warrant a conviction.
Officer Michael "Greg" Rowe was facing a misdemeanor DUI charge after his arrest in the early hours of May 19 on Butts Station Road. Rowe was driving his 2004 Ford Expedition when it ran off the road and hit a tree. Rowe abandoned the vehicle, police said, and was found at his home.
General District Court Judge Frederick Aucamp threw out the DUI case after the prosecution could not show exactly when the single-vehicle crash occurred.
"If you don't know the time of the accident, how can the court find him under the influence?" argued Rowe's attorney, Hugh Black.
Rowe, 46, of the 500 block of Corapeake Drive, had a blood-alcohol concentration of 0.08 the morning of his arrest, according to court records. Assistant Commonwealth's Attorney William Campbell, however, could not establish when the crash occurred or if Rowe was arrested within the required three hours of the accident.
Despite that, prosecutors said Rowe should have been convicted based on his statements to police, certificate of blood-alcohol analysis, failed field sobriety test and the arresting officer's observations.
"We're all in agreement that the evidence was sufficient," Campbell said.
One of the prosecution witnesses, a police officer, failed to show for Tuesday's hearing. Campbell said he did not know why the officer did not show but said her testimony would not have been a factor.
Campbell also was prohibited from introducing testimony about the crash time after Aucamp ruled that he had not shared the same evidence during discovery with Rowe's defense attorney. Campbell disagreed.
Sgt. Jeff Carter testified he was dispatched to the crash scene at 12:44 a.m. and arrived to find Rowe's crashed SUV at 1:15 a.m. Rowe was no longer at the scene, Carter said.
The officer, using a cell phone, contacted Rowe at his home and told him to return to the crash scene. The officer then drove to Rowe's home and picked him up.
Rowe was waiting in the front yard, Carter testified.
On the trip back to the crash site, Carter said he noticed a strong odor of alcohol from Rowe, who admitted being the driver at the time of the accident.
Rowe failed field sobriety tests, Carter said. At 1:57 a.m., Carter arrested Rowe.
"He apologized for the entire incident and said it was his fault," Carter testified.
A breath analysis test at
3:17 a.m. showed Rowe had a blood-alcohol concentration of 0.08, according to court records. No other charges were filed against Rowe.
He can not be prosecuted again on the drunk driving charge, Campbell said.
Rowe works at the department's headquarters on Albemarle Drive.
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