Cop Jailed For Falsely Arresting People For DUI

If you’ve had no alcohol to drink, and you get pulled over by a police officer, you have nothing to fear, right? They can only arrest you if your blood alcohol level is above the state-mandated threshold. And they can only test you if they have your consent or if they have probable cause to do so. If only that were the way things were. Sure, there are laws that are supposed to restrain the government, but these days, those laws are irrelevant. Law enforcement has less to do with enforcing law and more to do with raising revenue and meeting monthly arrest and ticket quotas.

So, even if you had nothing to drink, the officer can still claim that you were “failing to maintain lanes” and use that as probable cause to “suspect” you of DUI, falsely claim on the police report he smelled alcohol on your breath and arrest you on DUI charges.

Even if you’re completely innocent, anything you say will be used against you. They will find a way to twist your words to make it sound like you’re a criminal. This is why so many claim that it’s best just not to say a word to the police. The problem is if you don’t say anything to them, they might arrest you for “obstructing a law enforcement officer.” It seems the best thing to do is to just accept that we live in a tyranny and comply whenever possible so as to stay out of jail. If you choose to “exercise your rights,” expect to wind up in jail. That’s just the culture in which we live.

However, every now and then police officers bark up the wrong tree. And in those cases, as in the recent case of Florida Highway Patrol Trooper Scott Kunstmann, they even end up in jail themselves for doing what was described above—falsifying arrest records and lying during deposition. A local Florida news station reported on one such incident involving Kunstmann and a 71-year-old driver named Culbertson:

"Culbertson was allegedly weaving, so Kunstmann asked a series of questions to determine if a field sobriety test was warranted, and asked another trooper for assistance. Culbertson admitted to having one beer three hours prior. In the police report, Kunstmann indicated he smelled alcohol on Culbertson's breath, but in the dash cam video, the two officers are heard on tape agreeing that they couldn't smell alcohol. Kunstmann arrested Culbertson anyway, but didn't realize at the time he was a former criminology professor, who would later contact an attorney."

 Thanks to his background and connections, Culbertson was able to secure an attorney and get the arresting officer arrested and thrown in jail himself. That wasn’t the first time Kunstmann had lied on his police report to justify an arrest. In another case, he had performed a field sobriety test on a woman who he then arrested for DUI. In his police report, he claimed that she was “belligerent and cussing” during the test. But when you watch the dash cam video, you find that not only was the woman perfectly compliant, she was completely sober, but he arrested her anyway.

So how many others have been falsely arrested for DUI who didn’t have the experience and connections that Culbertson had? No judge is going to question the police report. In a courtroom, it’s considered Gospel. Which is why officers feel at liberty to lie and embellish their reports. If you try to make your case that the police officer lied, the judge and the prosecutor will just claim that you’re mad because you got arrested. Even if you have an attorney, your best hope is often just to stay out of jail or pay a lower fine. Don’t bother trying to fight the cop; he’s immune. Kunstmann’s case is a rare glimpse of justice


  • jag

    Kunstmann and his, above-the-law, colleges will have some fun when martial law is declared. Kicking in doors, slamming bodies against the ground, very snug cuffs, bumping heads against the "B" post while roughly seating the subject on the aft cruiser seat.....

    This is on the way folks.

    From a former deputy sheriff

    • http://twitter.com/Zaklog Shawn Smith

      The fourth and fifth amendments have been chipped away at for some time through the war on drugs and the war on terror. If you look at the case of Nakoula Basseley Nakoula (and, to a lesser degree, various city mayors vs. Chick-Fil-A), the first amendment is under assault. Our most basic rights are disappearing, and no one particularly seems to notice.

      One thing that annoys me is that, during the Bush presidency, a lot of people in the news media were constantly complaining and warning us about this. I found this troubling, but for some reason, couldn't take them seriously. When Obama continued (or worsened) these policies, I learned why. They weren't seriously worried about our rights. If they were, Obama would have had the same criticism. Instead, they just wanted another stick to beat Bush with, whom they disliked for reasons I liked him.

      • DrSique

        All of our rights are being chipped away at. I have gone through the same dirty cop game myself. After being pulled over for having a tail light out, I was accused of beimg intoxicated. I submitted to three breathalyzers, none of which were "admissible". The cop testified that I was driving fine but "stumbling, slurring and spitting" once I got out of the car. Captain Kangaroo sitting on the bench found me to be impaired on said testimony. This is why I would suggest that everyone have their own camera mounted in their car. Video evidence is really compelling.

        • BigBoa

          While your idea about a camera is intriguing,,, they'd probably never allow it to be admitted... Look how many people get cameras confiscated and broken while trying to film stuff.

          The mighty Boa has always supported law enforcement, and God knows they have a horrible job. However, this is no longer your Dad's department.... They have been slowly brainwashed and selected to act like Nazi stormtroopers. The mighty Boa has often warned that they will play a key role in gun confiscation. While in the world else does every police department in the nation require military training, armored assault vehicles, etc?

      • fatman45

        Just like they were all anti-war until Obama got elected. Suddenly, Cindy Sheehan became "Cindy who?" My nephew couldn't understand what happened to all the anti-war news until I explained to him that those people were never anti-war, they were anti-Bush.

        • http://twitter.com/Zaklog Shawn Smith

          Looking back now, I'm genuinely disturbed by some things that Bush started, but I couldn't join in then because . . . like I said, for the people shouting the loudest, it wasn't about war or civil rights, it was about Bush and social conservatism. I have a genuine respect now for the (rare) people I hear criticizing both Obama and Bush on these things.

    • vladilyich

      I don't think they really understand the limits to which "resisting arrest" can go. You don't need to have a weapon to permanently defend yourself against an assailant or a cop out of control..

      • BigBoa

        Try it.

    • http://www.survivingurbancrisis.com/ Silas Longshot

      That probably will happen for a while, at least until Joe Citizen wises up to that kind of illegal action. They got away with gun confiscation after Katrina because they hit solitary individuals who were without communications. Word gets around, things may change as far as accepting / tolerating this kind of abuse.
      We can hope, at least, that it never gets that crazy.

    • Wily

      Yes, it might be on the way. There plan is to not come after the guns but the owners, they'll try starving people out first but use your heads, learn tactic's, remember, the door to your home should be there for their protection! There is a strong movement (militia's) against these punks that do the work for the banksters by throwing people out of their homes illegally in Colorado. Every State (Constitution says; States have rights above the Fed., little wonder the socialist attack Freedom & God) have decent militia's, don't be a traitor, people won't stand for that, be real, men, you be men - women be women, support him, encouragement (both ways) does wonders, keep the family strong, Love God, be bold, seek His advice, that's what made America strong!

  • DontTreadOnMe11

    This is not to stick up for Kunstmann,what he did was atrocious, but there are occasions when you are arrested if there is no alcohol in your system. If you are under the influence of drugs.

    • SJvet

      That's why many states have dui laws, or "driving under the influence," rather than dwi, "driving while intoxicated."

  • anonymitty

    Your "best bet" may be to plead down and cut a deal. But that is not the right thing to do. When you are entirely innocent, you have a patriotic duty to insist that you are innocent, plead not guilty, and make your case at trial. If you win, the corrupt or error-prone system gets a black eye. if corrupt, investigations may follow and the mess may get cleaned up. If error-prone, the loss may prompt the system to try harder to get things right.

    Even if you lose, the next guy has a better chance. No cop can bring off an endless string of groundless arrests unless the victims all roll over and play guilty.

    Jury trial gives you a chance. Juries are not infallible but they're willing to listen to your side of the story. Make a straightforward case. Tell the truth, full throttle, including any aspects of it that make you look not-so-good. If you shade anything, you may get caught out, and even if you don't, you probably won't come across as entirely honest. (Which, after all, you wouldn't be.)

    Civic courage is easier than battlefield courage. You can do it.

    • BigBoa

      They have made it so the "average" person can NOT afford to do "the right thing".

      Typically, you can hold out to go to trial. And just before, they will begin trumping up charges and adding costs the likes of which would completely destroy the "average" family... And then it just takes one or two of those jurors to side against you, and you are screwed....

  • http://www.facebook.com/mary.clyde.1 Mary Clyde

    Yes indeed. Finally justice was served. This is rampant throughout the US.

    • Al

      This is very serious and the cop should be made an example. I disagree that this behaviour is rampant. I've been stopped sevreal times during my 40+ years of driving in NC but never falsly charged.
      If this sort of corruption is rampant in your state something should be done about it. Is the system partly to blame? Are patrolmen in Florida under some sort of quota to arrest DUI's? What would be worse is if the patrolmen are under pressure to target more whites so as not to appear biased against Latinos who are heavy drinkers.

  • geoff wilson

    Officer Kuntsmann is characteristic of the police you find in corrupt Latin countries. He should be sent there.

  • ARMYOF69

    Welcome to the POLICE STATE. It's time to defund the police forces of the USA.
    Who needs more criminals on our roads wearing UNIFORMS and BADGES and GUNS paid for by us the taxpayers.?

    • smartgranny55

      How would you suggest we enforce the law? Drunk driving is dangerous and can kill. I am not in favor of police officers abusing their power. Officer Kunstmann should be in jail, maybe with men who actually were under the influence.

  • Sgt. Hardcore

    I have a relative - retired patrolman - who proudly displays his award from the chief of police for writing over 300 tickets in one month !!! He only worked 24 days in that month !! You do the math. !! YES !!!! Quotas and contests are a regular part of our finest in uniform protecting us !!!! Be careful out there people !! It's only going to get worse !!! I can promise you that !!!

  • NatSovParty

    Happened to me in 1990. Cop lied under oath, and Magistrate said, everybody lies when they are up there", referring to be on witness stand under oath. Was told by friends and several lawyers, to plead guilty and accept consequences, but I didn't. Got a letter from DMV telling me my priviledge had been reinstated, but never got license back. In 1996 got stopped in Road Check, arrested for driving while suspended for DUI. Produced letter of re-instatement at preliminary hearing. Prosecuter asked to withdraw complaint, based upon that letter. Magistrate was willing to dismiss, but I made my lawyer motion to have it dismissed with prejudice, there being no objections, it was done so. DMV still failed to return License. In August 2004, after a minor fender bender, which neither bent any fenders, or any injuries, a complaint of neck pains, for insurance was made, by other driver. I was again arrested, and tried for driving while suspended for DUI, based on the same previous suspension from 14 years before. In October of 2004, my mother was killed in a head on collision, at 1:30 AM by a driver who had just left a halloween party, and was doing 54 mph in a 25 mph zone. This person was charged with negligent homicide, but was allowed to bagain down to reckless driving, got a $100.00 fine and 5 days in jail, for murder. Same prosecutor made this deal, but pursued me, in deliberate violation of 5th Amendment and double jeopardy. In August 2006, I finnally went to trial for the 2nd time, for offense previously dismissed with prejudice, by the exact same prosecutor. During this span, 6 reports were issued by DMV about my driving record, all 6 were different, but were signed by the same person, "Keeper of the Records" that each report was true and accurate, under penalty of purjury. At trail, this same "Keeper of the Records" came to testify, but failed to respond to a subpeona dueces tacum, and on that day, brought with him yet another report of my record, completely different from the other 6, and he had this signed by his boss, the Commissioner. There in lies a conspiracy to incarcerate me with bogus evidence and a false report. I was facing 6 months in jail. After a day in court, and a jury of my peers, LOL, the jury consisted of 5 males and 1 female, 4 of the jurors had a DUI conviction, and 2 had 2 DUI convictions. and one of them was made Foreman of the Jury. After 15 minutes of deliberation, and by the way, I gave no testimony, and was not allowed to present any evidence in my defense, including mens rea, the previous arrest and dismissal, was denied the right to call witnesses, ie the magistrate who dismissed, or the assistant prosecutor who ask for the dismissal, I was found GUILTY. I filed an appeal, and after a year, the Circuit Court Judge affirmed my belief that Jeopardy had attached, and that I could not be tried again for the same offense. The jury verdict was reversed, the charges removed, and the DMV ordered to correct the record to reflect same. In 2009 while looking for cheaper auto insurance, I was informed by State Farm that they could provide me coverge, except for one little problem. My first thought was, DUI on record, but the agent said my license had expired in 1994, which it would have, had it not been taken earlier. After varifing, that information, I went to the DMV took written test, 3 days later took driving test, and received a new Drivers License without restriction, and with a clean record at the DMV. 19 years of grief and suffering, but I did not surrender my Constitutional rights to the State, even though all my friends told me I should do so, as well as lawyers who wanted from $2500.00 to $5000.00 to handle my case, without any guarantees. It cost me nothing, as I had court appointed counsel. If you get a DUI, make sure you pay all fines and cost associated with it, as I did, I was about to attend the required Alcohol Treatment Classes, when I got the letter telling me I was reinstated, and never completed the course.

    • Maj John

      Wow, there is soooo much truth there that can on a smaller scale apply to many of us. I understand fully. A doctor recently wondered why I had so little respect for the legal system. It is just that, a system hardly legal.

  • PennJim

    Bad cops get found out. They then pay a terrible price. While there are instances of a police officer abusing his/her authority, I dare say, with over 25 years law enforcement experience, this is not rampant nor is it normal. A police officer can build a reputation of credibility with any given judge, but that happens only after many court appearances and many cases. Then the casual observer may conclude that the judge will take the officers word over a defendants word. For a DUI arrest every defendant is entitled to have blood samples taken independently of the police testing. A police officer cannot, with the new breath analyzing machines, fake a higher reading. It's impossible. This officers testimony must have depended on observation alone because, as I stated before, the readings from the breath machine cannot be doctored, one way or the other. The conclusions in this article are ignorant and completely without merit. I would expect an article like this in the NY Times or the Washington Post, but not here!

    • http://www.simplesearch.com/ California Architect

      All breath analyzing machines can show false positives if the defendant had blood in his mouth at the time of the test. In those cases, the smallest amount of alcohol will be magnified. Although I agree that we need to keep drunks off the streets, the above article has absolutely nothing to do with that; it's clearly a dishonest cop.

  • Bob Rogers

    It's about time!

  • http://www.simplesearch.com/ California Architect

    The above artilce is the best response to the typical, "If you have nothing to hide, then why do you object to a search?" line that cops use to get us to give up our fourth amendment rights. Also, take a look at the two youtube videos called "don't talk to cops". The reasons for honest, law-abiding citizens to NOT trust cops goes on and on.

  • Shutter

    Cops have become legal thugs who break the laws they are supposed to enforce.

  • Vinnie

    As a cop for 28 years, I arrested drunk druvers, but probably took as many home as went to jail. Unless of course they were involved in a car crash. They might have gone down for a breath test, but if there was any question at all they were not charged. The ones I did arrest knew well that they had really been drunk. Only once or twice did one of my drunk driving case go to trial.

    An officer has to prove their honesty and truthfulness and integrity. I have known cops who were not truthful and honest and most of them left in disgrace long before I left with my head up knowing I had given everyone a fair deal! When I made an arrest, it was because it was warranted, or in the case of some domestic arrests because the law required it. Some of those I did not feel were justified, but had no choice under the law. I believe that law enforcement officers should serve as mediators, negotiators and peacemakers. Only when those techniques fail or the situation deteriorates should arrests be made. The young kids with badges and guns of today know virtually nothing except how to throw people on the ground, beat, fight, shock or spray them and take them to jail. They have no people skills and are no longer taught them in training.
    It is no wonder so many of them don't stay with the job long. It is sad.
    I am glad to be retired now.

    • jag

      Hi ya Vinnie, thank you for your service and your positive public image as an excellent LE officer.

      I too, transported many subjects home and advised a relative to go bring their vehicle home providing the subject was not abusive or resistive. Our POST training emphasized " Educate, Tolerate, Without Backing Off".

      GPSO 58

  • Libertarian58

    Statutory Law is used, abused and enforced by every cop, lawyer, judge and municipality in the country against every principle of liberty and common law known to man solely for the purpose of revenue and people control (tyranny). This is just one example, it goes on everywhere.

  • CyclingSam

    My daughter recently got a ticket for following too close from a Missouri State Trooper. Funny thing the incident occurred on a two lane highway and the trooper was two vehicles in FRONT of my daughter. End of the month and trying to make his non existant "quota".
    They will do what ever they want to do. God help us.

  • Hudmar

    So, the usual, is good to have friends higher up.

  • catnip24

    i was a policeman for over 31 years and idiots like this guy are exceptions to the rule. he deserved to go to jail. i arrested people where there was probable cause and i had the evidence to find them guilty in court. i treated everyone fairly, took pride in my job and never made up anything to arrest anyone. i defended myself when i had to and saved some people when i had to.

    so don't lump all policemen in the same category as this idiot.

    • Insighting Truth

      Basically, catnip24, is saying it is possible to lie down with dogs and not rise up with fleas. I accept his self critique as sincere, but retain a fair measure of skepticism.

  • atchafa

    The UN will be coming for citizens guns. They will be beating heads

  • Jack

    This will get worse when we do get false flag attack in this country the police will be worst then you can imagine when it comes down to our rights

  • http://profile.yahoo.com/HFMELPJ2QU37W53K2TKL4HJQGM Ted

    This is really stupid to pull this kind of stunt. Jail is too good for this guy. He should be fired, then banned in the state from this kind of work. Plus, he's laid himself open for huge law suits.

  • American SeaBee

    RElEASE ALL THOSE JAILED, with double restitution. THE jail this cop, and all others involved, and force them to pay this double restitution as well as forcing them to serve any and all punishments (only doubled) that were decreed upon the falsely accused recipients.

  • Riverdweller

    I was excused from jury duty once because I stated I did not absolutely have to believe the testimony of police officers in court as I personally knew of a person who got railroaded into jail by the police. The prosecutor asked if I could set that aside for that particular case........ I just looked at her and said I would not compromise myself..... This was in front of the judge and he let her get away with that question to me.

  • Karen

    My daughter was driving a car she wasn't used to early in the morning in Florida. Her friend asked her to turn on the inside light. She tried to but turned off the outside lights by mistake and put them back on immediately. She got pulled over and she started having a panic attack (these have become disabling to her and is under a doctors care for them). The female cop assumed she was drunk and put her in the squad car and drove her to the testing center. While she drove the officer was IM-ing on her laptop computer telling someone that my daughter was "faking it just like the last one". This caused my daughter more stress. By the time they got to the testing center she was not able to blow into the breathalyzer. This made it a refusal which is an automatic guilty and she was taken to jail and given a blood test (which came back as sober). After a night in jail, where she was terrified, she was given a breakfast which she could not eat in her panicked state. Then she was taken before a judge and given a court appointed attorney who tried to force her to plead guilty. She refused to plead guilty and fought it in court and won. However the state of Florida will not give her back her Pennsylvania license. It has been a year and a half but they insist that she must take a drunk driver class in order to get her license back. Apparently there was a number she was supposed to call within 10 days to refute the breathalyzer. The state she was in after her ordeal had my husband fly down just to take care of her she didn't know she needed to call. I have had the judge in the case, PA and FL congressmen, state reps and the FL Governor try to get it back to no avail. So now she must pay $250 and sit in a room with strangers (one of her panic triggers) and take a course for something she would never do as her grandfather was killed by a drunk driver. So because she didn't know how to turn on the inside light she went to jail, has to put out $550 ($300 to get the car out of car jail) and take a class which she will probably be unable to take or never drive again.

  • Mark Strong

    I disagree record conversations with cops on your phone or call your attorney and have him on the phone but keep fighting injustice the Rodney king case opened up the window to see into interactions thug. Cops have with citizens and thus is why we need to challenge them most of them were bully's in school that like power. And don't care if they abuse it their punks

  • Mark Strong

    There are honest cops who arent hypocrites out there unfortunately they are not the. Norm , now that there are videos and phones with cameras though theses animals will be exposed and released from the department in droves because other thug. Cops , hypocritical prosecutors and hypocritical judges won't be able to ignore what's on video