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DALLAS (CBS 11 NEWS) – After his DWI arrest early Sunday morning, Dallas County prosecutor Justin Moore may not be celebrating on Monday, his 28th birthday.

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The Dallas Police Department and Moore’s new boss, Dallas County District Attorney Susan Hawk, aren’t commenting. A spokeswoman said that they had hoped to release a statement on Monday afternoon about Moore, but instead would only say that their office is still reviewing the case against him.

It’s not just Moore’s alleged actions, but statements to police officers who pulled him over along Highway 67 near Polk Street at 2:45 a.m. Sunday morning. Officers said that they watched Moore weave in and out of traffic and tailgate at 70 mph.

In the arrest affidavit obtained by CBS 11 News, Moore called a sergeant, who’s also African American, an “Uncle Tom.” The affidavit also states that Moore called Dallas PD a “sad department” and that “white officers in the department are racist and members of the KKK.” Moore has hired defense attorney Scottie Allen, who hasn’t returned our calls.

Peter Schulte, a Dallas defense attorney said, “That’s not the conduct any prosecutor should have in this county or any county in this state.”

No one answered the phone on Monday while CBS 11 News tried calling Moore from outside of his gated community in DeSoto.

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The new district attorney, Susan Hawk, suspended Moore without pay, just days after they were both sworn in on New Year’s Day. Schulte said, “It’s a message to anyone who wants to be in that role, that you are public servants, and if this type of activity happens, and these allegations surface, you’re going to be sitting on the sidewalk without a paycheck until we figure out what we are going to do.”

Moore took down his Facebook and LinkedIn social media pages on Monday.

The Dallas Police Association, the largest union representing police officers in Dallas, declined to comment on Moore’s alleged statements to officers.

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