In her July 31, 2015 order, Jefferson County Kentucky District Court Judge Stephanie Burke found that Officer Jeff Eberenz had testified falsely. Judge Burke then dismissed the relevant DUI case because the traffic stop was not legal. The false testimony dealt with the certification of the radar gun used by Officer Eberenz and his testimony about such certification. Under oath in a January hearing Officer Eberenz testified that he had properly certified the relevant radar gun and maintained it every shift. Officer Everenz stated, “I use a tuning fork to verify stationary speed and two tuning forks to verify the calibration for moving speeds.” In contrast to the Officer’s sworn testimony the Court learned that maintenance records showed the relevant radar gun had not been properly certified since April 2011, almost three years before the relevant stop.
Officer gave false DUI testimony: “It is almost without question that Officer Eberenz knew his statements were false,” Burke wrote. “It would be difficult to imagine that Officer Eberenz would be unfamiliar with the maintenance history of the machine which he relies upon on a regular, if not daily basis, particularly when he was so emphatic in his testimony to the contrary.”
To make matters worse the video did not support the Officer’s claim that the relevant Accused failed to use his turn signal or that he was speeding. Prosecutors are concerned because once an Officer is determined to testify falsely it may negatively affect his ability to successfully prosecute cases. Apparently Officer Eberenz has dozens of DUI and speeding cases pending. Officer Eberenz may have some issues with his employer, the Louisville Metro Police Department since in late 2013 that department put Officers on notice that untruthfulness will probably result in termination. Sadly, untruthful officers may not be as rare as one would hope.
One of our local Judges used to tell Officers “Your word is your job.”
If you have been charged with DWI in Virginia contact Bob for a FREE CONSULTATION. You can schedule that free call at info@BobKeefer.com or at 540.433.6906.