Foster also said Griffith has not yet had his license revoked as a result of his refusing the sobriety tests, but he expects that to be brought up during the court hearing. Under the state’s implied consent law, those driving a vehicle in Kentucky are deemed to have given their consent to sobriety tests. If tests are refused, that may be used against the defendant in court as aggravating evidence of committing a DUI. The defendant’s driver’s license can subsequently be revoked.
Griffith, who posted a $2,000 bond and was released from jail on Monday, was placed on paid suspension pending the outcome of the court case.
According to SPD’s disciplinary section of its personnel manual, which was obtained by the Commonwealth Journal through an unrelated July 2013 open records request, criminal complaints filed against an SPD employee generally result in either the paid or unpaid suspension of the employee until criminal proceedings are completed.
Also included in the section is a statement that any resolution in court handed down that may favor the employee (as in the employee has been found innocent, or the case has been dismissed), administrative action from within the department may still be carried out.
Griffith is currently a patrol sergeant with SPD. He began his tenure with the department in February of 1998.
Foster said Griffith has an “unblemished” record in his 15 years with SPD and said his client denies he was driving under the influence of alcohol.
“He (Griffith) has had no criminal record,” said Foster. “Being an officer ... it’s his passion, it’s his career.”
Foster said Griffith will plead not guilty to the DUI charge during the Nov. 18 hearing.