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Duluth Police Officer on Leave after Arrest

Duluth Police Officer on Leave after Arrest

Updated: November 06, 2019 03:36 PM

The Duluth Police Department says an officer is on leave after being arrested last month on probable cause of impaired driving.

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The department said Wednesday that on Oct. 28 at 10 p.m., a Duluth Police officer initiated a traffic stop of a vehicle "where the driving conduct was consistent with signs of impairment."  The officer identified the driver as 48-year-old Daryl Lee Diver, and the department says the supervisor on duty immediately contacted the Minnesota State Patrol to complete the traffic stop to eliminate any conflict of interest.

Diver was placed under arrest after the Patrol determined there was probable cause of impaired driving.

He was charged Nov. 1 with third-degree gross misdemeanor test refusal and fourth-degree misdemeanor DWI. 

According to the criminal complaint against him, the officer who pulled Diver over saw Diver's car "strike the curb several times and nearly strike another vehicle during a lane change." That was at 10:09 p.m.

The Minnesota State Patrol trooper took over the traffic stop at 10:22 p.m. Court documents say the trooper smelled alcohol and noted Diver had bloodshot, watery eyes, slurred speech, and slow movement. 

The complaint also alleges Diver admitted he consumed seven or eight drinks between 6 and 10 p.m. He allegedly was stumbling and unsteady when he got out of the vehicle but refused a breath test and refused any other field sobriety tests. 

The Duluth Police Department says Diver has been placed on administrative leave and that they are conducting an internal investigation.  The criminal investigation is being handled by the State Patrol.

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