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CCN reporter arrested on DUI charge for .06 blood alcohol level

August 21, 2013
Josh Walsh

Josh Walsh

By JOSH FRIEDMAN and DANIEL BLACKBURN

CalCoastNews reporter and co-founder Karen Velie was taken into custody on Aug. 13 after a San Luis Obispo police officer arrested her on suspicion of driving under the influence. Officer Josh Walsh placed Velie under arrest after her blood alcohol test showed a .06. California’s drunk driving laws require an arrest if a driver has a .08 alcohol level.

The arrest comes during CalCoastNews investigations into activities at CAPSLO, the county’s nonprofit that serves homeless persons as well as wrongdoing over the handling of hazardous wastes.

Walsh said at the time of the arrest that he would have arrested her even if she had a blood alcohol level of as little as .01, Velie said. California law prohibits driving while intoxicated no matter what the blood alcohol level.

At the time of the arrest, Velie had just finished teaching a bridge class at a San Luis Obispo restaurant.

Twenty-four people attended the class, several of whom saw Velie minutes before the traffic stop. After the arrest, Velie spoke to the majority of the class members, all of whom said she was clearly not intoxicated.

“I only saw her have one glass of wine and she looked fine,” said San Luis Obispo attorney Stew Jenkins. “She did not appear to be under the influence at all.”

Medical doctor Gary Foresman agreed.

“I witnessed her. She was coherent,” Foresman said. “She was teaching bridge to myself and my wife and she was unequivocally not drunk when I left that night.”

Foresman left the restaurant shortly before Velie did.

Former San Luis Obispo police officer Mike Brennler said the arrest of Velie was out of the ordinary.

“In my 33-year law enforcement career, the standard procedure was to release someone who submitted to a breath test that demonstrated they were under the state limit,” Brennler said.

“Bookings in such misdemeanor cases were very rare.”

The arrest and its aftermath appeared to be directly connected to the news agency’s recent reporting on county homeless issues. It came following a months-long series of articles by CalCoastNews detailing activities of Dee Torres, CAPSLO homeless services director. Torres is the fiancé of County Supervisor Adam Hill.

Since the arrest, CalCoastNews opponents have used the alleged DUI as the focal point of a smear campaign targeting CalCoastNews and its advertisers.

Hill sent text messages to CalCoastNews advertisers Tuesday morning informing them of Velie’s arrest.

The text message and email campaign targeting advertisers followed directly in the wake of CalCoastNews reporting on a slander suit filed by Torres against Brennler, who is represented by Jenkins.

CalCoastNews reported on Aug. 19 that Brennler had challenged a sworn statement that Torres filed in her suit. Torres was not truthful in her statement, Brennler said. A hearing on a motion to dismiss the suit is scheduled for Thursday morning.

CalCoastNews also recently published text messages sent by Hill to a key witness in the case, in which the supervisor attempted to get the witness to change his story. That story, which appeared on Aug. 16 showed exchanges between Hill and Ralph Almirol, a former boyfriend of Torres. In the texts, Hill tried to get Almirol to withdraw his statement that he and Torres used gift cards that were intended for the homeless for themselves.


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OK PEOPLE LISTEN UP! .08% BAC is assumed to be intoxicated. Someone can still get a DUI with a “low blow” 23152(b) says that someone is assumed to be intoxicated if and 08 or higher. 23152(a) is driving while impaired. Someone can show impairment at a .06 and still get arrested. They would be charged with the “a” section…. If someone shows no impairment at all and seems stone cold sober but they blow an 09 then the can be arrested for the “b” section. 23152a also includes drugs..maybe there are prescription drugs on board and I am not just saying pain killers many types of drugs can impair drivers or increase the effect of alcohol. To say the cops did this because Karen and Hill are in pissing match is ridiculous…. Most cops think Hill is an arrogant jackass and don’t agree with his politics…now if you say he did this because Karen attempts to smear law enforcement in general then I would have to agree. Also when was the reading of .06 taken. Many times the BAC is taken almost an hour after the person was stopped driving…with the body processing the alcohol she could have been an 08 when she was stopped.


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FINALLY, another voice of reason. Thank you.


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QUOTING TRUTH HURTS: “Many times the BAC is taken almost an hour after the person was stopped driving…with the body processing the alcohol she could have been an 08 when she was stopped.”


LOL. Now you are REALLY reaching.


Using your logic, I could not have had alcohol in the past 3 weeks, be pulled over and blown a negative breathalyzer, and the officer could arrest me for a 0.2 quoting your “fact,” above.


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Yeah, I don’t think you understand how “science” works.


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Yeah…coming from someone who repeatedly insisted an article stated what it did not, even when repeatedly challenged, your opinion on “logic” means, well, nothing.


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At least I can acknowledge when I’ve made a mistake. Not to mention that the mistake was not in the information itself, but the source that it came from. Like I said, if you willfully choose to ignore that Karen herself admitted to failing (at least) one of the FST’s administered to her, then there’s no amount of fact or evidence that I could exhibit for you that would change your mind.


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I like a good conspiracy theory as much as the next guy. but I don’t think Hill has the huevos with the SLOPD to order them to “get” her.


Reality may be more like Walsh recognized her name as one who covered the story of his buddies getting busted at the border with illegal drugs, and thought he’d punch for the boys in blue.


Hopefully Walsh is squeaky clean, because he is going to get scrutinized very closely/


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You think a county supervisor doesn’t have the power to influence a police officer to “get” them? That sounds a little naive to me.


I think this is especially credible because CCN has covered A LOT of local police scandals. That is because there are A LOT of local police scandals.


And Adam Hill…he is getting to be quite well known for his abuse of his power as a county supervisor to carry out his vendettas.


I predicted just a couple of days ago, after the CCN publication about Torres’ request for delay in court was denied, that Hill would likely launch into one of his pre-simian displays of mate-guarding, as he has done in the past. There was much speculation after the judge’s denial of the delay that perhaps Torres was forced to ask for a delay because her case was not strong enough to go forward without evidence.


Then Hill launches off emails–again–to CCN’s advertisers, something he has done so frequently that the advertisers must be getting to wonder about his rating on the petty doofus scale.


I think it was a Perfect Storm deal…where the interests of local police agencies and a local county supervisor–both of which have been involved in scandals investigated and reported by CCN–united to produce officer Walsh–king of the 0.01 DUI arrest (and what a mighty badge of honor that is)–and supervisor Hill’s interests being served by arresting the founder of the newspaper that covered their scandals.


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What does city-run law enforcement have to gain from abetting a county supervisor? They are completely independent bodies. If we were talking about a CITY official, then there *might* be something to look into.


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I guarantee that if the situation were reversed, and a SLO police officer or elected official had been pulled over under the exact same circumstances, you’d all be calling for their head.


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Is that you Walsh?


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No, and I strongly doubt that any of the people you name in your conspiracy theories could care any less about the comedy being written on this site.


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They care. This arrest is going to bring on a law suit and if the DA doesn’t throw this out then a jury won’t convict. Its a lose – lose proposition for the city. This bullshit of arbitrary arrest and subjective reasoning is just that, it’s bullshit. There are rules and the rules say if you’re stopped for an infraction and you’re under the legal limit (not to mention 25% under the limit) then you aren’t legally DUI. People need to know what the rules are rather than which cops are on patrol.


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I know a troll when I see one. I guarantee you that Walsh and the Chief and their buddies are reading this thread and giving you the thumbs up that you’re getting. Either that or someone is riding around in a patrol car hitting the thumbs up on your post every time they lock into another wi-fi / IP address. Those thumbs are 90% from cops who don’t want to play by the rules.


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Your misunderstanding of the law is comical. Please, confirm for me the point that you’re making: You’re saying that if you have been pulled over for driving erratically, and you’re under the legal limit, then no matter what you cannot be arrested? First of all, she was arrested on SUSPICION of DUI, which is not being found guilty. Secondly, even if you are found to NOT be DUI, you can still absolutely be charged with a “wet and reckless.”


This mindset that you are legally free to do anything you want as long as you are under a .08 is laughable.


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Perhaps you wish we were as petty as that, but even if Hill blew a 0.06 I’d question any arrest. And Hill really blows.


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And you can “guarantee” this how?


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Based on the fact that, especially you in particular, choose to overlook available information if it doesn’t fit your preconceived narrative.


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So to begin with, that is very sad and unfortunate. In the best case, she got popped for a minor traffic mistake and it went bad cause she had a little too much wine and the wrong cop. In the worst case she has a problem that manifest itself with a minor wake up call. In any case there is a lot of money, time, and pain involved and that is too bad.


The unfortunate and somewhat telling part is the lack of taking responsibility. Somehow it is someone else’s fault she had too much to drink, potentially endangering others lives, and got caught. Lets be real here. It takes 3 glasses of wine in an hour, or 5 in two hours to hit that blood alcohol level. That is not a little cough syrup. This is data from commonly available calculators, not out of the air.


As much as the Hill, Torres, CCN battle is a fun train wreck to watch, nobody can really think this guy has that kinda power. If he did, both her and Rice would have had serious trouble long ago.


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Incredibly well said. Cheers.


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“It takes 3 glasses of wine in an hour, or 5 in two hours to hit that blood alcohol level.”


No way is that correct, at least not for a woman. First lets be clear that a glass of wine is considered 4oz for the purpose of using the standard BAC tables. People need to be aware that most bars and hosts pour at least 6oz of wine per serving.


Karen had a .06 BAC on two glasses of wine over 2 hours (probably 12 oz total) and that would make sense to me. Five years ago, I had a .10 BAC after 3 glasses of wine over a 2 hour period.


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Well I will acknowledge I was taking a guess at size based on age and photos. She may be very petite, and that would be different. Since she instead appears average, I went that way. The calculator assumes a 5oz wine pour. If you are lucky enough to find a restaurant that pours large, pass it on. 4oz is the standard and in my experience that is what a restaurant pours.

I’m not making it up. If you think it’s cool to catch a buzz and drive, I guess we can’t agree


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QUOTING 1inthemiddle: “So to begin with, that is very sad and unfortunate. In the best case, she got popped for a minor traffic mistake and it went bad cause she had a little too much wine and the wrong cop.”


———


Please provide a reference for:

1. Velie getting “popped for a minor traffic mistake,” and,


after you’ve provided reference for that, please provide a reference for:

2. “…it went bad cause she had a little too much wine and the wrong cop.”


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1. Her own words on the radio indicated she made two driving errors, one involving a phone, the other turning from the wrong lane as I recall. Listen to the interview, it is there

2. That is all the sheep’s argument. She only had 0.06 BAC and the copy was over zealous. More than no alcohol can be a bit too much and apparently it was for this cop.


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@MaryMalone has already indicated that she refuses to listen to the radio show in question, despite my pointing her toward it earlier as a reference.


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Karen had a .06, and got behind the wheel, prob not the best choice but people do it all the time! All I can think is, I’m sure she paid for her drink and didn’t steal it from the homeless!!!


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So while she gets the benefit of a doubt, Torres gets a trial and conviction in the pages of CCN.

Hypocrisy


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Apples and Oranges if there ever was an example. One “just barely” instance (technically, sure; reality: likely not) vs. a seemingly established pattern of malfeasance, misleading, and veiled threats against witnesses is so beyond fallacy, you’ve pretty much sealed any future comments as “complete and total hack” – and that’s being kind.


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She gets a trial because she filed the lawsuit, which is her right, and now you blame CCN for her right to go to court. You are kidding, right?


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Sorry, sloppy writing and use of pronouns.

The point was that many posts argue Karen should be judged in court as is her right. Many of these same posters hold court for Torres in these forums. Seemingly a double standard to me.


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CCN has produced many witnesses and other findings about Torres’ wrong-doings while head of CAPSLO’s homeless services. That is the difference.


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“Torres gets a trial and conviction in the pages of CCN.”

Exaggerate much? trial and conviction hardly.


Fun fact your comment helps the search engine ranking for the words Torres trial conviction.


http://en.wikipedia.org/wiki/Streisand_effect


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Fun indeed


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I don’t think you understand how Search Engine Optimization works.


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Wrong.


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For best seo example, image search : worst president . truth still top result!!!!!!!

or ask Google what is santorum? but FGS don’t use image for that. not safe for work unless you work for TSA.


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Having a drink and getting behind the wheel isn’t a good choice, stealing from those who need it the most….., that’s not even an option!!!!


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Karen, count your blessing it wasn’t Officer Corey Pierce or McDow otherwise they would have beat you up, extorted money out of you then thrown you in jail for resisting arrest. However, after all the major injuries you would have sustained they could have called Fire Fighter Ryan KNOCK OUT Mason to finish the job.


The City and the County are so intertwined politically it is sickening. My bet is that Officer John Walsh will get a promotion for this little stunt. I would like to see the cam-recorder on this pull over and would like to listen to the tapes of the conversation with dispatch and without a doubt one should pull his City and personal phone records before and during the arrest. My bet, he called that weasel police chief who said “bookem Dano” or something to that effect.


Did Jan Marx’s daughter get prosecuted for her over the limit DUI or was it just dismissed. Did they arrest the idiots for dumping hazardous waste at the back of the City’s corporation yard which is a felony and creates a significant public health risk – no! Did they arrest that Public Works employee Ronald Faria for misappropriating City assets for personal gain (Valued at over $3,500) which equals grand theft, thus a felony – no! Did they arrest their own officers for beating up that lady a couple of years ago wherein the City later paid out over $250,000 – no!


But Karen Vellie bookem. You have to wonder what is really going on her. Karen, my advice walk the straight and arrow. Consider yourself lucky that you didn’t get beat up on the way to the drunk tank or worse as a recent reporter back east did.


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You lost me. When I get lost I call bs.


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When I get called in a post, I call for clarification.


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Tough living under a microscope… tougher still to have someone out gunning for you. There is some good news when you learn that you are being watched… be aware. Forewarned is forearmed.


As an aside, Adam Hill appears to be using the weight of government and its influence to crush his opponents… we used to call this McCarthyism.


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“Tough living under a microscope… tougher still to have someone out gunning for you.”

Uh, yeah, I think Dee Torres can relate.


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It makes it really tough living under a microscope if you use your job to steal money from homeless kids. I think Dee Torres would relate to that, too.


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Why does nobody seem upset by the fact that, even by her own admission, Karen was driving under the influence, even if slightly below the legal limit? Was part of the phantom conspiracy against her to ply her with booze against her will and shove car keys into her hand? Have some integrity and take accountability for your actions.


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Totally agree Murph. You dont need to be .08 to be impaired, and a danger to others. This could happen to any of us, but when it does…..own it, take responsibility. This isn’t Karen’s first experience with law enforcement( that seemed to be missing from the team of investigative journalists), let’s stop the “alien’s implanted me” conspiracy crap and take responsibility.


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The article does not indicate she admitted any such thing. Murph is making that up.


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Man, I’m sure Karen is glad to not have you as her attorney. If this particular article is the only piece of information you’re willing to consider, you may as well stick your head in the sand.


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Were you also concerned when the CHP officer was found asleep in his vehicle on a country road and instead of being help to the same standard, had another officers called to give him a ride home, or wasn’t there a Atascadero officer that went on a bumper cars run down a city street and again not held to the same standard, and didn’t Pismo have an DUI issue with an officer? Seems odd if you feel there is a problem here and not in those cases.


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Those are all very concerning, but not what we’re talking about here.


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Remember Steve Bolts, the former undersheriff? He was DUI too. I ran into him in Morro Bay shorly after that and said I thought it was too bad he got popped, but the laws being what they are, literally, anyone could get a DUI.

Anyway,Bolts looked at me and scoffed, said it was no problem.

And you know what? He beat the rap as I recall. Something about the blood sample being double tested and exonerating him.

Anyway, anyone who thinks there isn’t a double standard (maybe triple) with these cases is not being real. Cops take care of their own. Anyone deemed an enemy, like reporters, is screwed and will get the worst that can be thrown at them.

And any Joe Sixpack citizen gets pulled over he or she has no chanc either.

They will stare you in the face and say it doesn’t matter who someone is, and then snicker and guffaw behind your back because they’ve again put one over on some poor sap.

For too long, too many people give the benefit of the doubt to police officers. They should be doubly scrutinized because they carry the power of life and death, liberty and freedom in thier hands.


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Hey murph, 25% under the legal limit isn’t ‘slightly’ under the limit. She has the same rights that everyone else has and a .06 is considered legal. In fact an adult isn’t considered to be a danger or influenced enough to be a danger when they’re under a .08 unless there are other factors involved like drugs. In this case, there were no drugs. If it were up to you, no one would be allowed to drive after a drink.


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I think the fact that Calcoast reporters posted the story indicates that Karen has taken some accountability. The facts are stated fairly. At .08 you have to be taken in. Under .08, such as .06 unless their was injury or additional charges the case will be dismissed. However, Karen will spend some money on the defense. I would like to see the tape from the cam-recorder which will reveal all. Also, lets get the dispatch recording which should prove interesting. Add in the officers personal and City phone records for that 1/2 hour before and after the arrest, should be interesting to see who he called.


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“the case will be dismissed. However, Karen will spend some money on the defense.”


Yeah and then I hope she f***ing sues them for harassment and false arrest / imprisonment.


Oh yeah and public humiliation. Did you read the tentative ruling from LaBarbara about public figures and proving malice? This arrest was done with clear malice. Not everything has come out yet, check this cops phone and see who he called over the next 12 hours. I know somebody he called and why he called them. What a vindictive, trouble making a-hole.


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Wow you got an amazing inside track. Can’t wait to hear


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You’re completely wrong on this. There is not a black-and-white nature to the BAC system. You seem to be implying that anybody can register a .079999999999 and regardless of any other factors should get off scot free. That’s not how it works. She could be at a .01, and if it impedes her ability to safely operate a motor vehicle, she’s getting locked up. Period. If you’re going to be a DUI apologist, you need to get your head straight.


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There is no indication in the article that she was unable to safely operate a motor vehicle. If this is what you want to infer, please provide references.


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No it is not legal to drive impaired. 0.08 is an automatic do not pass go, go directly to jail. It is not ok to drive buzzed.


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The article does not indicate Velie admitted any such thing. Murph is making that up.


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