Judge censured for tossing DWI case test results


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Submitted: Sat, 03/10/2012 - 5:41pm
Updated: Sat, 03/10/2012 - 5:43pm
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CHARLOTTE, NC (AP) — A Mecklenburg County judge has been censured by the North Carolina Supreme Court for throwing out test results in a drunken driving case so the defendant would face a lesser punishment.

The Charlotte Observer reports that District Judge John Totten acknowledged he violated the conduct code for judges and agreed with the punishment handed down Friday.

The defendant in the case had a blood-alcohol level of 0.17 percent, which would have required him to have a device where his breath would be tested for alcohol before his vehicle would start. But court documents say Totten tossed out the blood-alcohol test after the defendant was sentenced. It did not give a reason for Totten’s actions.

Totten was elected to the bench in 2008 and is seeking re-election this year.

Copyright 2012 by The Associated Press. All Rights Reserved.)

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