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..5 ,U:
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICL .ES

Office of Inspector General
Investigations Unit
Case Number:
20120628
I, theiJndersigned. do hereby swear, u.nder penalty ofpetjury, that to.Ure best:of my
perso.aal knowledge, ihform'adon, and belief, I have.not knowingly or willfully deprived.
or allowed anQther te deprNe, the subject .of-the JnvestigatiQn ofany-of the-·,Ights
contained In S;5. 1125.32and 112.533..F1orida-Statutes. ,Addmonally, .' jlerebyveri(y
that the contents ofthis. reper:t are true lind accurate based on my personal
I(nowledge, infonnation, and belief.
Conducted By
Investigate! Bridge! A Rayster
D6partmtnt oHlillliwaySafety and Moler Veblcleo
Office· of inspector General
I"""atlgation Report
Case#: 201Z0628
On No",,",ber 19, 2()'12, _ Highway P<ltroI (FHP) Trooper Char1.os Swindle slopped
Representa1jVe Cha.... /yICBumey, .a!9ng V/IIIl anotholr vehicle. O/f iolters.late 10 In Madison
• . Ac\Cimfing JQ. fMSIlmey. he 'Was:toId··fi1atSWlndIe cIod<ed lflln,golng 57 miles per hour
(mph) In a 70 mph zone, and "OnlY nis driver license .and registration when he was
P\lUed 'over. _
SwIndle iSSl:led McBumey, a Traffic Waml;ng fQr al"id iSSU!9d a Uniform naffic
qta\i<m (UTe) for no pJt)j)f otlnsuranoe. Acrotdin!l to Mc8umey. advised Swind!e that he
did not aSk for pro<>! <if ihsurance and prooeeded t9 show SWindle such proof, :swindle then
gave hl""the opllon·o! paying $250 for $peOdIng. or $1010r no proof <if Insun!nCe.
McBurney submitted· a written complaint to FHp· Director. David Briert6n. vmo
the CQfTlplatnt.to -the.Office of Professional Compliance. The,:case was subsequently
forwarded ·to the OffIce of Inspector Gene",1 (OIG) _ was asslg!l'ld to Investigator Brid!tet
Roysler and InsR<>Clor Harold·$_rg for adrn{r1istrative IrrttWJgation on Deoember 4.
2012.
An investigation was-initiated to detennihe If Swindle vtolated .Department policies.
Whlkt investigating the constQer:ation was gtvef! to the following FHP and
Oep.artment of Hi9hway and Motor Vehleles (DHSMV) pOlicies:
• POIi9Y 3.116 (DIsciplinary f'r<><oess • Sfandarlls of COndUCt Guidelines)
• ·FHP Policy 3.03 (Code of CQnduct: flIogulations)
• FHPPolicy 17.03 i!>Ua\i<msandWamingslFaully Equipment Notices)
• fHP Pollcy1?00 (Enforcement Polil:y)
U.pon assignment of thjs investigation, Royster reviewed thQ eomplaint Ihtake and Inquiry Form
i""'udlng a written complaint from daled November 26. (Exhibit #1).
Accordjng to the written cOmpaaint., McBurney and his -Wffe, 'Deborah 'Mafe traveling
from to for the; Qr.ganizational Session- of the Florida House of
RepresentatIVes. McBurney-was pOf1ed over with another vehlcle that was travefmg In front of
him. MCBurney told Swindle his was .on cruiSe control- n01 to exceed greater than 5 mph over
the speed limit Swindle asked McButhey for his 'driver license and registration, at flO tlme did
Page1 01"&
D.epadmenl of Highway Sirfe\y and MQjor Vehicles
OffIce of Genetai
)
he ask for proof of insuraoce. Swindle is,s-l,!ed McBurney a Traffic WarnIng for speeding and
a mc for nQ proof of inSurancs. MeB/Jmey.adVISed SWindle: iRal he did nol as!( for proof
of Insurance and proceeded to show S_Windle such proof; then gave him the option of
paYing $250 forspelOd)ng or$10 for: noproof of i""uranee.
A COPY of Wamjng. dated 19, 2012, tssued to McBtlmey. was r-evie\Yed
and s howed .1ha.I. Tfilffic tor Speed 8mf}' was issU(>d (Ex/til>1t.#2).
fA copy oHM UTe ('ffi71ANJR), dated N"""",ber 19, 20.12, .isslHl<f III !oIcBumey was reviewed
and ;Ihowl Kflhat a UTC·for"No Proof of Insurance" wasls.sued (Exhibit #3). SWindle's notes
staled. "wID blk toy! car 81(lO. no prOOf of ins. 1 passenger oul$lde l.oe.·foIIoWing • bll< toy! pu
no reason ·for speed."
A copy 6f"th.e Traffic-Warning, dated November 19, 2012. iSSlo/ed to
in front of ¥cBl.lmey. was {e..aewed and Showed that a waming for ··Exceeded Speed
Umit' _issued (Exhu,lj #4). A copy of lite UT-C (1.570-WJR), dated No.,.mber 19, 20.12,
issued to Qaristi was relliewed and showed that a UTe for "Fall to OiSpl8y Reg_on" was
Issued (Exhibit SWindle's __. "WIb blk toy; pu 8mO failed ·10 DISplay a reg 0
_oroutside'lane headed to _ Ie!lding a .bI!< toy! per."
of &wjndle's: in-car video and audio {exhibit 8) lfIV681ed the following about the traffic
stop on November 19,.2012:
• 10:13:21- SwiodIe. Initiated a traffic stop on a black Toyota pickup truck and a black
Toyota car.
• 6¥tind)e approacbed the bIacI< ToY"ta pickup !ruck flrsI. Carfstrs vehicle .
.SWindle. introduced hlm!H3ff and €arfsti that th:e he was. stopped was
be. antl1he behind tum·were Qocked going 81 mph in 8 7() mph ZQn8.
Cs·risti handed SWIildIe documentation.
• .SWindle _cIledlha black Toyota "'Ii, McBurney's vehIGIe. SWindle
lntrodil¢ed h1inoeff and aSked for Mcll'umey's driver lios_ 8!ld reglsi(l!tion. SWindle
to.Mceumey·tl:ie ""'_why h. and the vehicle in front ofhim wele Slopped.
McBurney said. to SWindle, ., had IfoQ Q\Jise control. There's no way I was going 67, I
75,· SWindle asked if McBurney was a-leglsfator tf he was wfth the House

• Swindle called forSeQ}eant:Gmy Da'NSOn, his sUR8rvtsor.
• 10:20:·26- SWindle told Da:Wson. that one of the ·,ndlviduals was a legislator. Swindle
explained to Dawson th:$t· he was- going to seMt & b;eciluse he was
on 'CarJsti's bumper. Dawson said. We ain'i getliff no pay raises anyways.·
• 1-0:21·:21- Swlnd!e 8>;plal ned tq Dawson, -I'm going to write [McBum.ey} a warning and
be nice; I'm going to ·strpke him cause I didn' t see hi8 insurance card, 1'0 give him that
6cket,..wamlng for speed." SWindle further explained, · j'm going to 9[ve (cartsb1. I dIdn't
see his rm b..stroke oim fpr registration ·and gtve him a wall'lill9
for I'm doing lhaffor[McBorney]. [McBurney] Is no beIter \han (CaristJl, .nd
[Caris1I] IS no bett..-lhan [McBurney], so I'm going 10 do the both the same: Dawson
said, "OK"
• 10:2·1 Swindle said to Dawson; '1wanted y.ou to know·whaf s going on, just in case:
• 16:29:49- SWindIO approached CaAslfsvehicie again and explained that lt1e indiVIdual
driving the """;,;Ie beh.ind him _ a state legislator, and lhat he was "cu1tiog
[MCBwney} a break on the 'speed. he aiht no better than you.· SWi:hdle explained to
20120&28
Departm.-nfof HIghway l)afety and Motor Vehicles
OffiCe of flispectQr Gen.ra'
Ca<isli that &1""" i»did not see hiS reg_on, he WBS.going t"giVe him a UTe for not
h_g proof of RogisbaIion, SWIndle explained .1o Caristi tbal ha waadoif)g the same for
McBurney.
• 1Q:S1:22- Swindleappr_ MciBiJITie(a l/ei>l<ile again· and <>Xplalned that he was not
going to give him 8' UTe for speed, byt,slnq! hE, -did npi see his proof of insurance, he
wa$ -going to Jssue a :$10 UTe fur no proof of insurance. McBurney asked if Swmdle
wanted his proof Of insurance. Swindle wid McBurnay that he already issued the UTC,
and McBumey further expfalried .that he had proof of Insurance and that-he did not hear
Swindle ask for such proof. SWindJe told McBurney, I give you that, I can't giVe you
this tiCket, and I'lf give you a speeding ticket. ,'m cutting you a break on this one:
Swindle loid McBurney he g"ve saine break.
The DIG reviewed Swindle's in-caf video alld al.l:dtO from a t:ra:fflc stQP before McBurney's on
N_mber 15, 2012. (Exhibit #7), and a _ stop immediately folloWing McBurney's on
No\l8ll1ber 2012 (Exhibit #8).
On Ndveml>er 15, 2012, Swindle conducted a _ SlOp on Alicia Whitwodh for going 92 mph
if) 70 mph zona, wIi'<rtJ:avellng on I_a1Q. SwindJe asks!l for Whitworth" driver license,
r:egtstraoon, -and proof of insurance. -WftttWerth receivscta TraffIC Wami"fig for speeding
and a UT.C;.for -NO PrOof Of tnsurance- and When Iss!Jing the UTCs to
Whjfworth, Swindle expla!r)ed her ifJstlJW10e card was not val id ¥et,ahd that he did not see
,, __inlet1lJ/>ted SWindie, .add Swindl'Ulaid; 'LJ>len-to both of
these. are: flOf}I{OOWlg viOlations with np would "¥OU raQler .have two non-moVing
lIio/atio(lS' 9rthaJ bigopeeding WIlitW<>dh WiIs'talking rO SwiJidle, he said; "Yoo want
ticket,.iS that wfiat you'reteJling ma? I'm Ifying to cut you.a break here: Swindle
·told Whitworth, 'DonHaka _taga of my. hospitality and kick it back up. Yon .may not get
another Trooperthat's so lenient.·
On Nove.mOOr 1.9, 201.2, conducted a' traffjq..s1op on' Representative Michael CleUandfor
going 87 mph In a 70 mphzoR8! while traveling on Interstate 1.Q. asked for
driVer ribense. Clelland reoeived a Traffic Warning. for sp<redlng and a UTe for "No Proof of
Insuf3Ilw and 'FaH to Display Registration: Swindle told Cleliand, 'From one firefighter to
another. I'm cutting you a break.- When Swindle was issutng the UTCs, Cfafland interrupted
Swindle a;nd said, "1 .have; them: Swindle to expiain thJrt the two UTes are non­
mo.vjn..g vioJations and there Will be no. poInts on his dJiV:er license. Swindle explained k:I
CJe.lland he has 30 days to make copies of "the documents I see,· and mail them to
the derk.!s pffice. SWindle said. ·50: basicany y_ou take care of it that· way and yotire getting a
wam;ng·for &Peed today,'
RepresentattveCharies Complainant
On De,comber 10, 2 01 2, S_ifJsberg conducted a diglfally recoi<led sworn iritaf'liew with
McB4fT18yat. his law offlce in Ja;ek.sanville, Flprida. Royster was also present for the interview.
ThefoUowlng is a synopsis-of McBumey'sstatement. which contains paraphrasing:
Pa.ge 3 of S
Dtipaitmelitof Higliw"Y Safety .nd Motor Vehicles
Office oflhSpeetbr Gene",.
_mer·and his wife, DebQrah McBumer, were traveling from jacksonville to T.allahassee on
NOV:em.ber 19, 201-2, for the Organization's1 Session of the House of Representative&. when he
was stopped On Inte'-" 10 with anolher _ ·traveling in front of him. SwindleapproaOhed
·the ffrst vehiete (Caris1i's vehfcle) and then approached McElurn$fs vehicle. Swindle asked
McBurney where he was gomg, to the e/fedt, why was he going 87 mph. MeEJumey explained
that his control se(..'to either 74 mph or 75 mph, arid tf'I:at he was not going 87 mph.
Swindle 'theo.asked lor McBurney's IJcef'tSe and regiStration, at no point-did Swindle ask
for his .proof of iRsurance.
$wind... applOJictTeli McBwney's vehicle again and gave him a Traffic Warning for
and ·8- UTe for no proof of insl;lntf'IGe. McBurney told Swindle, "Trooper, you didn't ask me for
proor -of insura,r:lCe, you asked for and registration card: McBurney then showed
SwiDdls, through the sleeve in" his waUet', his proof of Acoor:ding to McBomey,
SwincUe told him that he had a chok:e of paying $10 for no proof of insurance or $250 for
speeding.
Deborah Pas$engw
OnDeoember 1Q, 20.12, Sotlweinsbe'1l cx>nducte. a .digitally recorded sworn Interview with
DeQorah McBurney at Mandarin Oaks E1emerttaty School.in Jacksomlle, Florida. Royster was
also pr:eseAt fer the interview. The followfng Is a synopsis: of MeBumey's statement, whi ch
contalns l>'!flIPhras1ng:
As a passenger. D. McBurney was.1raveling on 10 to on November 19,
2012, with Ir.r husband, C. MgBumey. As tIr<> _1cIe tn front of thalrswas being pulled over,
Swindle· ;SIgr1ated them to pull (Wer. When SwindlE! approached their vehid& he explained that
puBed 0V8f forgoing -8-7 mph. O. McBurney-explained to Swindle- that She would neft
let C. tkSutney drive thatfast AccOrding to D. MeBumBY, Swindle asked for their registration,
and diCl-notask fOf proof-ef insurance.
SwifKile their yehicle again ana explained that was gMng C. Mc8umey a UTe
for·not showing proof McBl,Ulley eX;>lained that C. McBurney told Swlndle that
he dld not ask for proof of Bhd that he had his proof of Insurance. SwIndle then asked
C. McBurney if ha wanted ttle $200 spaeding ticket D. McBumey explained th:at Swndle was
"wheeling and dealing- with them.
Steven CarlsU. Cftizen
On Deeember 14. 2Q12, .lnspector Christopher oonductoo a dig-ltalry sworn
interview with Steven Caristi at in Port St John. RoOOa. The fdUowing is 8
synopsis of CarMi's statement, WhiCh contains paraphrasing:
Caristi was tTaveUng to Tallahassee on Nov:ember 19. 2012, when he was stopped on Interstate
10 with another \iMide travefmg .behlnd him. According to Caris-ti.. Swindle approached his
vehtcle and asked where he was going. C8riSti could not r.ecal L which documents Swindle
asked for :and sa'Id, -I think I did hand him a registration, but I think I handed him a registration
that was out of date:
20120628 Page -401 8
Department of Hlghw"Y Safety a",' Motor VehIcles
. OffiCe of In-spector General
Accor<flOg tp 'Caristi. Swindle ·took the documents to his patrol car aAd returned and explained
that his. was expired and then .went baCk to his patroJ 'Car. SwindJe approa'ched
CarisH's vehicle aga1n and explained that he wa"s giving him a Traffic Warning for speedlng and
a UTe for not ha->inga regisbatiOn.
(otG-.Note-.ln a cenversation with he explained that he was pulled over twice
In the past roonth, aod it appears that -he mlgbt be confusing the -two ·traffic stop$. The in-G8r
video aOO audio shows Ca{isti handed documentation and Swindle did not ask
CaOstl specifiC" documentation. SWirkHe told DaW$On that he did not see Caristi's
reglsti'atkm. Additionally. Swindle only .approached Carlstrs vehicle- twice and dK:l nQt discuss
an expired registratkm.)
Representative Michael Clelland. Citizen
On Qecei1)ber 13, 2012, lnSpe<!or CM<topher Cribbs conducted a digItally reoorded sworn
intervieW wi1h Clelland at bjs law off}ce in -Orlando, Floffda. The" foKowirig Is a synopSis af
Cieuartd'. -.la",meJ)t, wIllcl1 comaino parapbl'll$ing:
GJslland -was 1raveling to·Tallahassee 'on November 19, 2012, for the Organizational Session of
the House of Repoi.seritatives, when he. was stopped .on h::Jterstate 10. Swindle agproach·ed
C_nd'. vQhicle, BsI\ed for his driver license, and a.sked why he _ In a hurry beca"", he
clocl<ed him going 81 mph. Clelland explained Id ·Swindle that he was newly elected to \he
JegiSlature and that he was on his WflY to the: capitol. SWindle did not·· ask for Clelland's vehiele
registration or proof ofinslJrance.
SWindle approached Clelland'"s-- vahlde again and asked who was a fire fighter, arid CIeJland
expl.iQed to Swindle that he )$,.8 retired fit. ligAter. Swindle lold him, "!ramona fire fighter to
another," he was .going to me him UTCs. for falllfl"El to produce· insurance and registration.
Clellen,j: _lained that he tolq SWIndle he hed bOth of thos& documen!s, but Swindle oept
explaining how to ""ndle \he UTCs. CIeIlatid that Swin<lle was sh....ng 'prole<;siOflal
coortesy"· by lssuing two non-movihg vlolatiQns.
Charles Swindl., Troope.', Florida Highway Patrol
On Deeember 26, 2012, Schweinsberg conducted a digitally recorded swom interview with
Swincjla at \he OffIce 01 Inspector GerwaJ In T.Uah8ssee, Florida. Royster was afro present
during the interview. The folloWing Is a synopsis of Swindle!s statement, which contains
paraphrasing:
Swindle has been With FHP for approximately six a.nd one haft years. Swindle was
working regolar·duty·-on November 19, ·2012, In Madison COunty.
While conducting radar on Inte$te 10 westbo.und, Swindle clocked Caristi going 87 mph and
then clocked McBurney going 67 mph. When asked why he did not ask for Caristi's vehicle
20120628 Page.5 01 8
"·· ,
, '
Department of HIghwaY l!afaty and Motor V .. htcles
Office GenetaJ
, , ,
D
regi_", SWindle lhought he a:sI<!>!I Caristi was the regis1eredawner of the vehicle, and
-dOe$ rfGt,temember what doCUments C-artsUhancled him during the traffJC stop.
When asked wily he dId not ask to< McBurney's proof of insurance, Swindle said, 'I thought I
did; um, J know J asked for his registration, but apparently 1 didn't say proof of insurance at tnat
point- Me", watching thQ in-<:arvkleo, Swindle said there-was traffic going by and he oould not
hear if he asked fOl proof or Insurance. When asked if he might ha\t6 asked for McBumey's
proof of Hlsurance, Swindle explained-that when he conducts a-traffic stop he introduces himself
and explains why the person fs being stbpped; asks for driver license; asks 'the ·reason for the
speedi .asks if the driver is the- re;gistered owner of the vehi*: and asks for veblcte registration
af\¢ proof ,of insurance.
When· asked why he- McBurney- _to- give him proof of insurance when he was tssving
the UTe, Swlnole said, 'I 'wa. honestly just trying to be rote and cllt him a break, I mean, ihafs
the reason why, I was tJying to ba nlee," SWindle explained that W woukl have
provided his-proofofJnsurance., he,woJiid. have \fol ded the LITe and issued a warnIng for speed;
hnwever, to: SWindle., McBurney never shoWed his proof:of insurance. Evel'l though
McBurney tokl Swindle he had his proof of illSUIllllco, SWindle explained that he did oot want to
issue a uTe for speeding ,and does not know why he did not have McBurney show his proof of
insumnce.
the- .traffic stop. ·wittr WhitWorth, when asked why he did not initially discuss her
"Geatbett. SWindle explained that- he did not see be-r wearing a 'seatbelt and forgot to ask about it
.because they were discussing her ios\Jrance andspa.ed. When asked if he would be able to
proye Whitwortl') did not have. a seatbeft on, explained that· he dld not se'e her seatbe1t
and -she, saki, she had it 00. /lccordlr>g to Swindle, he likes to _Ie Instead of always
enfo>clng, end triad to GOtWhitwo<th a break,
R"llar<iing the traffic stop wtth Clelland, when nwas explained 'that he did not ask for his vehicle
registration or proof ofmsurance, Swindle said, "I totally forgot to ask for them on that one:
Swindle expIailled that unHI he watched ,tile in-car video, he <lid not he dkl not ask for
registration and proof of insurance. When tt was explained tbat he issued
UTCs when he did nQt ask -for 6:1eJ1anct'"'s vetUde and proof of insurance, Swindle
saki, "When 1 stopped him I thOtlght I forij, and he didn't have it. I forgot totally about
askJ.11Q for it.. Swindle saId that he did not rememOeJ CJelland telling him he had such proof and
eiplained tba1 he we.ars an ,earpiece and it Is sometimes hard to hear.
SWindle QXplaiOed that he notified Dawson about McBumey's-traffic stop because Dawson was
close and wanted him to know he stopped a legislator. Swindle:- did n'ot notify Dawson about
Clenand's t:raffic stop becauae he thought Dawsdn was at a traffIC stop. According to Swindle,
he,does not want his'Sergeant to. be bllndsided.
When It was explainacfto SWindle ·that he is not asking for certain items registration and
proof oJ ihSurance); however, he.issues UTCs for not Ilaving those items
J
It appears that he is
ta1king peopk;l into taking a non-mov;.ng UTe jnstead of a speeding UTC
t
Swindle said, rrhafs
not the way [ mean to< it, I'm JOSl trying to cut them ,breaks, I mean I'm", I don't", I can't SSY
anything else about it. I'm oottrying to fo_them 10 take any tickets. If I wasdoing that, I'd just
wrife everybody tickets and cut no !)reaks." Swindle acknowledged that It is not
appt0priate 10 wrtte a UTe for not having vehicle registration OT proof of insurance when the
20120628 Page-B 018
Department 'If .safety and Motor Vehlcles
Office oflnspeelDr General
person has such proof. According to Swindle, he does not fee! that he has to Issue the UTe
OI"lC8 it has been wrftlen ahd uodersta:ncfs.that, a UTe can be voided.
On N.ov.ember 19,20·12, around 10.:1·3 AM, Trooper Charl.es Swlndle conducted a traffic stop on
Steven ClIrisii and RepiBseRtatlile ChaHes McIlumay, on ·Interstate 10 in Madison County, for
going 87 mph in a 70 mph 2One.
When SWindle s"pproached Garisfi's vehjcle, he did not ask for driver fie;ense, vehicle
reg'istration, or proof' of insurance; bowever, Caristi provided Swindle Wffi1 documentation
(Caristi couJd not recalJ exactW what ·documentation was pro'\lid&d). Swindle ffisued Caristi a
Traffic Waming, for "Excaeclacf Speed Umif .and a UTe for "Fail to Display Re9l_0n." When
-Swindle MeBumey's vehicle, he only asked for his driver. lfsense and vehicle
registr:ation; at no pgint did he ask for proof of insurance. SV/in<Ue issued McBurney a Traffic
Warning for "Exceeded Speed Limit a.7,t:lO· and. a UTe for -No Proof of Insuranoe: When
Swindle issued the lJTC to McBumey. he linmedlatety explained to Swindle that he hed his
proof of insurance- and -according to McBurney" he proceeded to show it to Swindle through the
sleeve In his wallet SwIndle GOntinued to issue the UTC. even though McBumey said he
possessed rus proof Gf insurance.
During stop, Swindle requested Sergeant Gary Dawson, his supervisor, to come to the
location to infoi'm him that one of th& drtveFS was 8 fegisJator. Swindle said to Dawson, "I'm
goIng to wrije- [McBurney] a warning and be nire; I'm going to strOke him cause I didn't see
insUl'ance.caro, rll give hi'" ttuif'ticket; warning for speed.". SWindle explained, "I'm going to give
[Carisb], I didn't see.his registratlor), so I'm goi09 to stroke him for the- registration and give: him
a waming !orspeed sinte.l'n! dQing lhat for [McBurney). (McBJJmey) Is no,belter than [C-l,
and [C.adsbl is' no better 1han [McBurneYl, so I'm going to do the both the same.· Dawson
ne.""ndad, ·OK."
The OIG reviewed 'Swindle's in-<:ar video Emd audio from a traffic stop before McBurney's on
November 15, 2012, and a traffic stop immediately following MCBurney's on November 19,
2012.
On November 15. 2012, Swindle- cood"ucted a traffic stop on Alicia Whitworth for going 92 mph
in a 7-0 mph zone, while traveJ!ng on Il)terstate 10. swtndIe asked for Whitworth's driver li_cense,
.vehk:le propf ,of Inso-tante. Whitworth receiV.ed 8 Traffic Warning fur speeding
and a UTe for -No ProOf or Insurance."" and ·Safety Belt When issuing the UTCs.
Swindle explained to Whitworth that her-m5;tJr8oce card was not valid yet and that he did not see
her wearihg 8 Swindte loki WhitWorth that he was "cutting her a break- by issuing two
non-molling UTCs.
On November 19. 2012, subsequent to McBurney's, Swindle oonducted a traffic stop on
Representative Michael €iell.and, on Jnterstate 10 in Madison COunty, for gojng 67 mph in a 70
mph zone. only as.ked for CJelland'.s driver license, at no point did he ask for vehicle
regiStration or procil of Insunanca. Swindle Issuad Clelland a Traffic Warning for "Exceeded
20120628 PagA 7 ofB
OepaTfment, of Highway Safety and'Motor Vehicles
Office of Inspector General
"
Speed Limlt87f7.0" and a UTe lor 'No Proof of Insurance' and 'Fail 10 DIsplay Registration."
When SWIndle Issued· the UTCs t. Clelland, he Immediately explained to Swindle that he had
such proof. continued to.issue the UTCs, even though Clelland said he possessed both
his vehicle reg.istration and proof of.insurence.
McBurney's traffic: ,&;top". 'in his lnteMeW, Swindle, did not want to Issue a UTe for
$rid iVas to· be nice·ana "CtJI him " break.' SWIndle explained that he thought he
asked for McBomeys proof of !Psural)C6, if he have provided his 'proof of Insurance,
he would have voided the UTe and issued a wam1ng for speed, even though McBurney {old
Swindle he had his proof of insurance.
When dfstUsslng the trt:lffic stops, Swindle, explained that he either forgot or ·thought he did ask.
for vehicle registranon and/or proof of insurance. According,to Swindle: he was 4cutting breaks·
by issuing the non-moving UTCs. Swindle acknowfedged that it is not appropriate to write a
UTe for not having whlcle re:gfstration ·or proof of Insurance when the peTS0n has such proof.
Swindle said he dues not feel that he to iSSUe the UTC once it has been written and
understands. that a UTe can be vokied.
Based 00 the evidence and swom statemerits associated with this investigation, the allegation
that Trooper Charles Swindle improperly issued a traffic citation is classified as SUSTAINED.
Page 8of8
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