By Michael D. Martin, E.C.P.D.
Retired
About the author...Michael Martin (pictured front row, far right in the 1981 photo) is a retired veteran of 25 years on the Eden City Police Department, and has penned a number of anecdotal writings recalling his experiences.
LIV. Memorable Court Cases (Part One)
I guess one of the great things about being a cop would have to be memorable
court cases I have heard. This was back in the very late 60's or early 70's
and there was a Trooper stationed in Rockingham County named Jim Lambert. To
say the least, Jim had a strange sense of humor and he had arrested a
citizen for driving under the influence. There had been no breathalyzer
available because all the other troopers had been called to a matter of
civil unrest in another county. Jimmy made the arrest the old fashioned
way..by observation of driving and behavior after the stop.
On the witness stand, Lambert testified that
he had observed the defendant driving slower than usual and his tires had
hit the center line several times and when he stopped the man, he smelled a
faint odor of alcohol on his breath, he seemed unsteady on his feet and his
eyes were red and watery.
The defense attorney in this case was the best of
his profession. J. Hoyte Stultz Jr. Jay got up for cross and asked Lambert
if his client had explained that he had only one beer earlier in the
day.....Yes sir. Jay asked Lambert if his client had explained that he had
an eye disease???......yes sir!! Jay asked the Trooper if the
defendant had not explained that he suffered from a disorder that affected
his balance???......yes sir was the answer. Jay asked Trooper Lambert if a
breathalyzer was available the night of the arrest???....No sir, our men
were deployed elsewhere under the direction of the governor of North
Carolina. Jay rose up and asked...Trooper
Lambert sir!! was there anything else, we have not answered...that led you
to even remotely suspect my client was driving under the influence of
alcohol?????.......yes sir, he had pissed all in his pants
Michael D. Martin