Sheriff's office video provides proof of deputy's deception

After she saw the tape, District Court Judge Jacqueline Brewer disqualified Deputy Robert Davis as a witness. "Deputy Davis has shown a pattern of providing false statements and false testimony," she wrote.

Wake County Sheriff Donnie Harrison fired Davis, an 18-year veteran of his office, and District Attorney Lorrin Freeman dismissed cases in which he would have been a witness.

On the tape, Davis reads out rights to a woman arrested on a charge of driving while impaired. He prepares her to take a breathalyzer test and asks, as he is required to by law, whether she'd like a witness to the test.

"Do you want to call somebody to come down here and watch you take the test? It's either yes you do or no you don't," Davis says.

After the woman nods her head, she picks up a telephone extension to call for that witness. But the phone did not work, and the woman was unable to make the call.

Since his dismissal came to light, Davis has not made any public comment.

Freeman said his actions are still under investigation but criminal charges against him are unlikely.