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A substitute General District Court judge this week acquitted a Chesapeake sheriff’s deputy of driving under the influence.
The judge on Tuesday found Kenneth W. Stolle Jr., 27, not guilty of drunken driving but convicted him of misdemeanor hit-and-run and fined him $250 after a trial, according to court records.
Stolle is the son of Virginia Beach Sheriff Ken Stolle, a former state senator, and the nephew of Virginia Beach Chief Deputy Commonwealth’s Attorney Colin Stolle. A retired judge heard the case, and an attorney from the Norfolk Commonwealth’s Attorney’s Office prosecuted it, to avoid a conflict of interest.
An officer responding to the scene saw Kenneth Stolle leaving and pulled him over two blocks away, according to the officer’s DUI worksheet, included in the court file.
Stolle’s clothing appeared normal, but he had watery eyes, smelled strongly of alcohol and swayed as he walked, and he refused to take a field sobriety test, according to the worksheet. The officer arrested him shortly before 10 p.m., and a subsequent breath test registered a 0.18 percent blood-alcohol content, according to a certificate in the court file.
The prosecutor was not allowed to submit that certificate as evidence Tuesday because the judge ruled there was not probable cause for the arrest, Howie said.
Stolle’s insurance covered the damage to the other driver’s vehicle, which was less than $500, Howie said. There were no injuries, according to the court record.
Originally posted by Hopechest
Why not?
I told the law to basically shove it and walked away scott free. That is something to be proud of.
Originally posted by LucidFusion
reply to post by Hopechest
The difference being that you aren't family to a sheriff, a state senator, and a states attorney. In your case I'd say you got lucky or received lenient treatment.
It's another thing all together to receive what amounts to a slap on the wrist for a serious offense, based solely on who you are and who you have in your immediate family.
I think the evidence here shows clearly that this was a case of the latter...
Originally posted by Hopechest
reply to post by Afterthought
The light on my license plate was out.
He asked if I had been drinking and I said yes, I had two drinks.
Blew .1 over the limit so he arrested me.
Originally posted by LucidFusion
reply to post by Hopechest
So basically you didn't hit another vehicle, then leave the scene of said accident.
Apples and Oranges.
Breaking the law is breaking the law