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UPDATE: Undercover deputy’s DUI charge reduced to reckless driving

A Loudoun County General District Court judge today reduced charges against an undercover Loudoun County deputy who was arrested Nov. 10 for DUI and refusing a breathalyzer test.

The deputy, who is not being named because he was working on an undercover case at the time of his arrest, left court with a misdemeanor charge of reckless driving. He was sentenced to 30 days in prison, but that order was suspended. The deputy must also pay a $300 fine and $81 in court costs.

The judge dismissed the charged of refusing a breathalyzer test.

The deputy is a 10-year veteran of the Loudoun County Sheriff’s Office.

Following the Nov. 10 incident, the deputy was placed on paid administrative leave, according to Liz Mills, spokesperson for the Loudoun County Sheriff’s Office.

He was arrested after sheriff’s deputies responded to a report around 12:30 a.m. of a possibly intoxicated man attempting to leave in a vehicle in the Lansdowne Town Center area. When deputies arrived at the scene, they learned the driver had struck two parked vehicles with his personal vehicle.

Mills could not be reached for further comment on this case.

The deputy’s attorney, Todd Sanders, said the judge considered mitigating circumstances when he reduced his client’s charge.

On the night of his arrest, the deputy was having dinner with his father, a 67-year-old Navy veteran, at a restaurant in Lansdowne Town Center.

The two had a few drinks, but walked back to his father’s home, only blocks from the restaurant.

While at the home, Sanders said the deputy’s father fell backward and hit his head, which caused severe bleeding. Paramedics rushed his father to the nearby Lansdowne campus of Inova Loudoun Hospital.

The deputy, in a panic, got in his car to follow the ambulance to the hospital and was stopped by Loudoun County deputies on his way there. The deputy’s father died the next day.

“My client had no intentions of driving his car had this not happened,” Sanders said.

David Gardy, an attorney with the Fairfax Commonwealth Attorney’s Office prosecuted the case.

Gardy was not immediately available for comment. 

This is a developing story. Check back to LoudounTimes.com for more information as it becomes available.


I think people in authority should be held to a higher standard but I agree with the reduced charges. 

Come on people - his father died!!

@ LoCo Wonders

For your information you can attend any of the Loudoun County Traffic Court days or any other County Traffic Court days and you will see how many DUI cases get changed from this to that.  With regards to the Undercover Deputy, Not Deep Undercover, his career is ruined because his integrity is now a matter of public record.  So when he goes to court on a case that will be the first thing a defense attorney will bring up to help taint the case and get his low life client off.  Secondly you don’t see every single name of someone arrested for DUI posted in the paper.  Third his name is kept out of the paper to protect his family, his friends, and himself.  With undercover work comes extreme violence, retaliation, extortion, etc.  We would not want to see that kind of violence in this County.  I am sure his mistake will lead to at the least reprimand and at worst termination of employment.  I am sure that the many people in this county who get DUI’s don’t lose their jobs over this.

@ patrick.carrington
So it is your contention that “many” DUI cases in LoCo get reduced to reckless driving? Sure would like to see that data.  Further, you contend that Deputy “Deep Undercover Drinking with his Dad at the Town Center” career is ruined? How was it ruined? He ended up with a traffic ticket. I bet 90% of deputies got a ticket at some point in their lives.  The newspaper and Sheriff Chapman don’t even have the guts to name him or the judge who gave him a free pass.

Loudoun Couny deserves better than this.

@ Loudoun Sage

I really wish you would do some research on your own part and look into how many case the Loudoun County Commonwealth Attorney’s office receive regarding DUI.  Then research how many of them are first offenders.  Once you have done that research how many of them have been reduced to what is called a “WET RECKLESS” charge.  Then lastly once you have done that research how often a refusal for a breath test is completely dropped off the case.  Usually that is the first thing the Commonwealth attorney will drop. 

Now that you have done that you can see how wrong you really are, but I feel that you will not do any of that since all most people like yourself want to do is bad mouth the police whether it be this Sheriff or the last. 

This off duty deputy made a grave mistake when his father was severely injured.  He ruined his career after 10 years of giving of himself to this county and the citizens. 

I hope unless you Mr. Loudoun Sage are perfect that you can rethink what you say about these great MEN and WOMEN of the Loudoun County Sheriff’s Office.  I hope you and all the others out there bad mouthing this administration stop and think that they are the ones protecting us with little in the means of pay and even less in the means of respect they receive from us the citizens.

No, Patrick is wrong.  Seems like something went on behind the scenes here.  DUI’s in Loudoun Co. are rarely dropped to Reckless Driving.  It would never happen in a case such as this where someone (in this case a deputy sheriff) was arrested for DUI after striking two different vehicles and then if that wasn’t bad enough REFUSING to take a breath test as required by the same law which this person has sworn to uphold.  This situation is truly incredible.  There is absolutely no citizen in this county who could do the same thing and have the charge of DUI reduced to something lesser.  I checked the LCSO website (someone already mentioned this in their comments)
and I after reading this I don’t know how the Sheriff can keep this person employed.  If he did it would go against the standards that he has in place.  It says they won’t have you work there if you have been convicted of a driving offense related to alcohol and in this case whether it was DUI or Reckless Driving as a result of DUI it doesn’t matter.  I thought this new Sheriff was all about integrity, guess we will see. 

I guess in Loudoun Co. if I ever get drunk and hit other cars and refuse to take the breath test I will just get a Reckless Driving too???  Wonder what Mothers against drunk driving has to say about this?? 

FUNNY how recently the LCSO got an award for arresting drunk drivers…just saying.

Patrick is right.  While it has been many years since I’ve had an acquaintance who got a DUI, first-time offenders who can afford a good attorney that knows how to work the system will get it reduced and in the end it ends up being mostly a large fine.  You’ll go to some counseling, I think a professional tells the court you aren’t an alcoholic, and you may have a short period of a restricted license.

@Rich B.

Of course Deputy “Deep Undercover” get to keep his job.  CHapman can’t (and won’t) do a thing because he only ended up with a traffic ticket.  If it was you or I, well, that would be another story.  More “Insider Justice” in LoCo.

Frank there may be hope for you yet.
A 381 dollar fine is not even a nuisance for this guy. The judge should be beat with the ugly stick again for this sentence. What deterrent is there if the court just shines on drunk driving and a refusal to test. We need a judge with a pair that will hammer people on drunk driving until people stop getting in their vehicles drunk.

“The deputy, who is not being named because he was working on an undercover case at the time of his arrest”

Working undercover at his dad’s house?

I understand all the people writing and posting about this incident. I would like to inform all the citizens of Loudoun County and whoever may read this article and the subsequent posts.  Most people in the Commonwealth and all other states in the US who get arrested for a DUI and get into an accident with a parked car and no one is injured they will most likely get a free pass as well.  Refusing a breath test in the Loudoun is a joke.  The Commonwealth usually do not prosecute it and will most time in a first time offense drop it.  With a first time DUI they usually drop it to reckless driving anyway.  There is not special treatment here only standard treatment for all first DUI people.  Go through the records and you will see how many times people in this county get off with a warning like in this case.  The Commonwealth Attorney is to blame for not being stricter in all matters that come before the court.

So is it now legal to drive drunk in Loudoun as long as you’re headed to the hospital?  Just want to make sure I understand correctly. 

Sorry about his father, but had it been me, I doubt the case would have worked out this way.

“The deputy, who is not being named because he was working on an undercover case at the time of his arrest”

It isn’t hard to find the name of the deputy involved if you search the Loudoun District Court records online. There aren’t too many cases on January 10th, 2013 for “REFUSED BLOOD/BREATH TEST”

will everyone get the same consideration….doubtful.

This whole story sounds fishy to me.  Why didn’t he ride to the hospital in the ambulance?  And why did he get the charge reduced? He refused a breathalyzer. Why does he story not mention the name of the judge who gave Loudoun’s finest a free pass?  i wonder if its the same judge who threw the book at me for driving 56 mph on an empty four lane divided highway? I got reckless driving, too.  It was probaly the same deputy who wrote me up for reckless driving walks away from a DUI.

yeah… what Oranges said  
(feeling conflicted, 2nd time in 2 days I’ve agreed with her… chest is feeling tight, palms sweaty, need a drink)

Interesting perspective. You are essentially saying your preferred outcome would have been that a human be killed, dogs saved, all in an effort to save a few tax dollars. And let me guess, you are a Christian? Do you think that’s the outcome Jesus would have wanted? That’s a serious question.

This is incredible.  The MADD organization and the citizens of Loudoun County should be outraged.  How many average citizens get in an accident involving 2 other cars, get arrested for DUI, refuse to submit to a breath test as required by THE LAW, and then come to court and have the whole thing dropped down to Reckless Driving??  Wonder what went on behind the scenes with this new sheriff and the prosecutor??  Now lets see if Chapman allows this deputy to continue to work for LCSO.  If you read the LCSO hiring standards on their website it says that if you are convicted of anything related to driving and alcohol, which this is, they won’t have you work there.  Boy, I hope that if I ever get arrested for DUI in Loudoun Co. it’s by Chapmans deputies so I can get off with Reckless Driving instead.  I hope the Attorney General looks into this one.  Sad day for the people of Loudoun County.

I understand the circumstances but people in a position of authority should be punished twice as much as john doe.

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