“On Dec. 22, 2005, Wickenburg Police Officer K. Lutkiewicz incorrectly advised defendant Sallee that Arizona law required him to submit to designated breath tests to determine his alcohol concentration, in spite of the fact that a person is only lawfully required to submit to such a test if the person is arrested for DUI,” Coffinger said. “Since defendant Sallee was never placed under arrest for DUI, Officer Lutkiewicz's action in obtaining defendant's breath samples was unlawful, and all evidence obtained as a result of this unlawful seizure must be suppressed.”

In the Wickenburg police report regarding the Sallee incident dated Dec. 22, it states that Sallee was arrested and processed at the Wickenburg police station.

There, Sallee signed a consent affidavit and submitted to give two breath tests, resulting in BAC levels of .187 and .180. In Arizona, a person is presumed under the influence of alcohol at .08 and under the extreme influence of alcohol at .15 and above.

In Lutkiewicz's report, he states that Sallee was asked at the accident scene if he had been consuming alcohol that evening. Sallee reportedly answered yes and told Lutkiewicz that he had been drinking beer.

The vehicle involved in the accident did not belong to Sallee. It belonged to a Sun City man and was in the possession of a Wickenburg couple. The vehicle was not insured, as the insurance policy lapsed that day.

In the report, Sallee told Lutkiewicz that he had no intention of driving that night, but the Wickenburg couple insisted he try the car out. Sallee also said while driving, the accelerator somehow went out of control, and he was not able to stop before colliding into a building on South Tegner Street.

The Wickenburg couple disputed Sallee's story, according to the Wickenburg police report, and said Sallee asked if he could test drive the car. They were all at a restaurant/bar located on Tegner and Wickenburg Way when Sallee asked if he could drive the vehicle, according to the report. Sallee was reportedly given permission, and the couple said he drove off “like a racehorse.”

In the second motion, Sallee's attorney said his client was denied timely medical treatment for a head injury he sustained.

Coffinger states that Wickenburg police officers Lutkiewicz and Russ Brown, along with Yavapai County Sheriff's Deputy Ross Disken, were the first law enforcement officers to arrive at the accident scene.

Shortly thereafter, Coffinger said Life Line ambulance paramedics arrived at the scene and treated Sallee. Sallee was told he needed to be transported to a hospital for a head wound that was bleeding profusely.

“Based on the defendant's law enforcement experience with the Wickenburg police, he knew that based on paramedic protocol, if they were going to transport him to the hospital they would require him to be fitted with a neck brace and have his body strapped to a gurney board,” Coffinger said. “Disken, a personal friend of Sallee's, advised him that if he was willing to be transported to a hospital without being fitted with a neck brace and being strapped to a gurney board, he could take him to the hospital in his Yavapai County patrol vehicle much quicker than the time required by ambulance.”

Coffinger continued to say that Lutkiewicz agreed to this and Life Line departed from the scene. He said when Sallee attempted to get into Disken's vehicle, Lutkiewicz refused to allow him to leave because Wickenburg Police Commander Newton was en route to the scene and wanted Salle to remain.

The police report, however, differs from that description of events. The report says Newton arrived at the scene before Life Line left and after Lutkiewicz spoke with the Wickenburg couple in possession of the automobile Sallee was driving.

“Commander Newton came to assist with the investigation, and he later spoke with James (Sallee) about the incident,” Lutkiewicz wrote. “James was treated at the scene, but refused transportation to the hospital by Life Line and signed a medical waiver of responsibility. The service advised James that his wound would require stitches.”

Sallee was later taken to the police department for alcohol testing and was said to have signed an advisory that acknowledged his rights.

The report goes on to say that Newton then transported Sallee to Wickenburg Community Hospital, where he received treatment for his head injury.

According to Wickenburg police officials, Hernandez did not interview any of the investigating officers before making his motion to dismiss the charges. Several calls to Hernandez's office went unanswered.

This information is courtesy of http://www.wickenburgsun.com/