Sgt. John Trimble, False Certification (DC-27)
We have established that the Kansas Department of Health and Environment Breath Alcohol Program trains police officers to routinely falsify evidence (DC-27s) used in court proceedings. [See Christine Houston – Breaking Bad (Episode 1, The DUI Fund)] Now we show a firm example of a Topeka Police Department officer blindly following that training, submitting false certifications to the court. Sergeant John Trimble of the Topeka Police Department demonstrates his willingness to submit a false certification to the Division of Vehicles.
Here is a Form DC-27 submitted by Sgt. Trimble, under penalty of K.S.A. 8-1002(b):
Sgt. Trimble DC-27 (pdf for ease of viewing)
Note that Question 1 of the form is marked “had been operating a vehicle” which is required for a license suspension involving a failure of a breath test. The option of “had been attempting to operate a vehicle” was left unchecked.
Also Note Question 6, which Sgt. Trimble has checked, “saw person operate“. However, that conflicts with his checking the box on Question 5 which states, “vehicle already stopped“.
Here is the Hearing Order from the same case:
DL Hearing Order (pdf for ease of viewing)
Note that one of the listed requirements for a license suspension on a test failure is “Respondent was operating a vehicle.”
Here is the driver’s license hearing sworn testimony of Sgt. Trimble in the same case:
Trimble DL Hearing testimony (pdf for ease of viewing)
Sgt. Trimble never saw the vehicle moving, contradicting his sworn DC-27 answer to Question 6. He believes it was an attempt to operate, contradicting his answer to Question 1 of the DC-27. On page two of the transcript, Sgt. Trimble is asked about a DC-27, for the same subject, that he filled out as an “attempt to operate“. That first DC-27 was thrown away, to be replaced by the fraudulent one (marked “operate” and “saw person operate“) that was used at this hearing.
While Sgt. Trimble failed, in this case, to honor his oaths and affirmations, he was successful in following the training of Christine Houston and the KDHE BAP to do whatever it takes to garner another license suspension where it would have otherwise been lost. Sgt. Trimble netted another reinstatement fee for the KDHE BAP.
If the BAP receives a substantial portion of their funding from DL reinstatement fees, perhaps it would only be fair to compensate officers such as Sgt. Trimble who help ensure that money keeps rolling into their coffers. It may be termed a “sales commission”. Then things would be honest, allowing us all to dispense with the quaint notions of truth, integrity, and the rule of law.
everymannblog 
The “Hearing Officer” listened to the SWORN testimony which contradicts the completion of the form and chose to ignore the testimony, ruling based only on the form? What a waste of time for everyone and a substantial financial and emotional cost of this accused. Sounds like fraud in Kansas runs deeper than Officer Trimble’s perjury and Christine Houston’s abuse of her power. Sounds like a full throttle investigation would serve the peace and dignity of the taxpaying citizens of Kansas and those who visit.
Nice catch. That is an excellent point. The hearing officer ignored the sworn testimony stating that he believed it was only an “attempt to operate” which should have barred suspension of the driver’s license.
Keep in mind that these hearing officers are NOT judges. Most, if not all of them, are not schooled in the law. They are essentially administrative and bureaucratic functionaries pounding a rubber stamp onto these proceedings which the judiciary has set up to skirt constitutional protections.
This is what passes for Due Process in license hearings.