Dash cam video shows arrest of Commonwealth Attorney Greg Underwood

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by 13News Now

WVEC.com

Posted on July 7, 2014 at 5:55 PM

Updated Monday, Jul 7 at 5:55 PM

NORFOLK -- New video obtained exclusively by 13News Now is detailing the October traffic stop that led to the arrest of Norfolk's Commonwealth Attorney Greg Underwood.

Underwood was arrested on October 23, 2013 after being pulled over by a Virginia State Police trooper.

In the video, the trooper tells Underwood he originally stopped him because he drove through a construction zone when he tried to exit off of I-264 onto Brambleton Avenue.

Dash cam video from Greg Underwood traffic stop

Trooper J.O. Ogden, who pulled Underwood over, then told the city's top prosecutor that he was suspicious Underwood was drunk.

"When I stopped you, I noticed the slurred speech, the strong odor of alcohol and you weren't respond as fast as you normally would," Ogden told Underwood.

Underwood disagreed with the trooper.

"I don't understand, I don't agree with that at all," he said.

When Ogden tried to administer a field sobriety test to Underwood, he refused. In the video, Underwood is heard multiple times saying he will not take any tests.

"I'm going to put you through some tests and we'll go from there," Ogden told Underwood. "I'm not going to take any tests," Underwood said. The pair repeated that same question and answer two more times.

The only tense moment in the stop came when troopers asked Underwood if he had any weapons on him. Underwood reached for the gun in his pocket in response to that question and was immediately grabbed by the three troopers present.

Ultimately, Underwood was placed under arrest and taken to the Virginia Beach jail.

A narrative of the arrest written by Ogden said that Underwood passed out in the back of his patrol car before he made it to jail. The narrative also says Underwood urinated on himself while at the jail.

Underwood was originally convicted by a general district court judge on charges including DUI and refusing to take a breathalyzer test. The DUI conviction was overturned by a circuit court judge last week.

Since his acquittal, Underwood has refused to comment on the incident.
 

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