Preferential treatment denied in cop’s DUI case

Jen Lawson

Tuesday, Oct. 14, 2003 | 11:09 a.m.

An assistant city attorney said a Metro Police officer who was cited but not prosecuted for driving under the influence was not given preferential treatment, but others disagree.

Ryan McCulloch, 25, was pulled over on suspicion of DUI three times in the last 18 months but was not arrested, jailed or prosecuted for his first offense, which occurred in April 2002.

A trial is scheduled later this month in Henderson Justice Court in connection with McCulloch's second DUI arrest in May. Because of his most recent arrest in late September, the department may now fire him, Undersheriff Doug Gillespie said.

Ben Little, Las Vegas assistant city attorney, said he declined to file charges against McCulloch after his first DUI arrest in April 2002 because he said the evidence against him was not strong enough.

According to Nevada law, blood must be taken within two hours of when the person was driving the vehicle.

Police said McCulloch hit a parked car and failed a field sobriety test. His blood-alcohol level was over the legal limit, but the results were unusable as evidence because "blood was drawn past the two-hour time frame," Little said.

Little said McCulloch wasn't treated differently because he is a police officer.

"We've prosecuted lots of cops for DUI," he said.

However, Mace Yampolsky, an attorney who has defended DUI cases in Las Vegas since 1984, said the officer appears to have had special treatment.

Although his blood was not drawn within the period of time required by law, charges still could have been filed based on the other evidence noted by police: McCulloch failed a field sobriety test and a breath test at the scene, had an odor of alcohol on his breath, was unsteady on his feet.

"There's something rotten in the state of Denmark," Yampolsk said. "We get cases like this all the time. Sometimes they are pleaded down to reckless or careless driving, but (the city attorneys) always file charges ... Obviously it seems like preferential treatment."

Police officers have the option of giving drivers suspected of DUI a citation or arresting them. Yampolsky said citations are generally only given if the person has suffered injuries in a crash and needs to be hospitalized.

"Like George Orwell said: All animals are equal, but some animals are more equal than others," Yampolsky said.