A jury trial is set for Jan. 26.

In his ruling, Judge Douglas Haake rejected motions from Calkins’ attorney that the Aug. 2 traffic stop of the chief and his subsequent arrest and detainment were illegal and that all evidence collected should be suppressed and the case dismissed.

Calkins and his attorney, Ken Fornabai, declined to comment on the ruling.

Calkins, 54, is police chief of the small community that straddles the line between South King and Pierce counties. Mayor Rich Hildreth said Wednesday that he knew nothing about the ruling and until he did would have no comment on Calkins’ position with the city.

The chief was arrested after a motorist called 911 to report that a 2007 Corvette was weaving on Highway 410 between Enumclaw and Bonney Lake. Bonney Lake police stopped the car and detained Calkins, who reportedly told the officer that he’d been drinking.

Calkins refused to take field sobriety tests and later failed to produce a conclusive reading twice on a Breathalyzer machine at the Bonney Lake police station. Calkins breathes through a stoma, or hole, in his throat due to cancer, and testified at a Nov. 3 hearing that he can blow air only through the stoma.

“At no time did Mr. Calkins indicate that he could only provide a sample through his stoma, nor (did) he request to do so,” Haake said in his ruling.

Calkins also refused to take a blood-alcohol test. Haake ruled that the refusals to take sobriety tests are admissible at trial.

The judge also ruled that the police officer had sufficient reason to justify the arrest of Calkins. Fornabai had argued that Calkins wasn’t drunk when he was pulled over and that the officer had no legal reason to make a traffic stop.

Haake also said the officer could rely on an informant’s tip through 911 and police dispatch to make the stop, even if the officer didn’t see Calkins’ car weaving.

Fornabai also had argued that the 30 minutes from the traffic stop until Calkins’ arrest was too long for the chief to be detained.

“Mr. Calkins contributed to any delay by his aggressive, non-cooperative responses to attempts to further the investigation,” Haake said in his ruling.

Mike Archbold: 253-597-8692