IMPD officer arrested for DUI

[aaron580]

So he shouldn't be afforded due process of law and merit law?

Thats totally what I said

 

[churchmouse]

We ARE held to a higher standard. He WILL lose his job, pension, and likely his ability to work as a LEO anywhere. For those who want it, this job is a GREAT gig and he blew it. I don't want to see the prosecutor's office file or not file charges on ANYONE based solely on who they are. They have a standard (which I don't necessarily agree with) and if it's good for the goose, it's good for the gander.

I am thinking if he is held to the standards it will look better to Joe public.

You are right...he blew it.

 

[VUPDblue]

Well the reason that terminations take as long as they do is because of due process. I apologize if I inferred incorrectly.

 

[VUPDblue]

I still maintain the opinion that if formal OVWI charges are filed it will be because he is a police officer. To me, that epitomizes being held to a higher standard.

 

[Kirk Freeman]

How may months will it take to fire him?

Too many factors to know for certain but as police officers they are not exactly at will. I would say minimum six (6) months IF the allegations are correct.

 

[Trigger Time]

On duty. I think he should face more charges than just dui. Agree with me or don't.

 

[rockhopper46038]

I'm kind of surprised that a non-officer in Marion County would normally get a "no-file" for driving with a .21 BAC, but I don't know the facts of the case or how Marion County handles their DUI prosecutions. I know of a few folks up here in Hamilton County that would probably wish they'd been pulled over south of 96th street if that is the case though.

 

[VUPDblue]

On duty. I think he should face more charges than just dui. Agree with me or don't.

You can't just go throwing charges at the wall and hoping they'll stick because your are emotionally charged. That said, it is a very real possibility that there could be additional/different charges as the investigation continues.

 

[Trigger Time]

I'll let you guys do the police work but seems like they could come up with something to add. I think he earned it. I cringed when I saw this happened. Even cops are human but this is a slap in the face to the job you all do

 

[littletommy]

I just can't believe Destro hasn't logged into this thread yet with a solid reason why we all shouldn't be passing judgement on this guy.

 

[88GT]

I don't need to see him jailed if that is not the usually penalty for DUI in Marion County, but I sure wouldn't want him to remain a member of the police force.

He's almost 3x the legal limit. We have tiered speeding violations and mitigating circumstances (like speeding in a school zone or construction zone). Why not tiered violations for OWI? Why not tiered for mitigating circumstances like OWI resulting in property damage or OWI resulting is bodily injury death? Or OWI by a LEO

So he shouldn't be afforded due process of law and merit law?

He gets plenty of due process. Mr88GT would be fired outright at the mere arrest for OWI.

 

[Denny347]

I still maintain the opinion that if formal OVWI charges are filed it will be because he is a police officer. To me, that epitomizes being held to a higher standard.

Getting the charges filed is easy, defending them in court is hard. No one SAW him drive. I had a DUI arrest some years ago in the winter. There was an SUV that was found sitting on top of a snow bank running. All the wheels were off the ground, the SUV was running, still in gear with tires spinning, and the doors were locked. No one was inside however. The woman driver was wandering the apartment complex where the vehicle was left. I Mirandized her and admitted to me that she was driving and drove it up the snow bank and got it stuck. She then locked herself out accidentally. She was drunk. Charges dismissed at trial because regardless of her statement, I needed to have a witness to her driving. If he fights it, it will not survive a motion to dismiss.

 

[Denny347]

He's almost 3x the legal limit. We have tiered speeding violations and mitigating circumstances (like speeding in a school zone or construction zone). Why not tiered violations for OWI? Why not tiered for mitigating circumstances like OWI resulting in property damage or OWI resulting is bodily injury death? Or OWI by a LEO


He gets plenty of due process. Mr88GT would be fired outright at the mere arrest for OWI.

Lawyers create laws and many think DUI is a BS charge anyway. Only pressure from AAID and MAD gets them to change them. I've had judges that like to drink and drive so they would rarely find someone in court guilty of it.

 

[rockhopper46038]

Getting the charges filed is easy, defending them in court is hard. No one SAW him drive. I had a DUI arrest some years ago in the winter. There was an SUV that was found sitting on top of a snow bank running. All the wheels were off the ground, the SUV was running, still in gear with tires spinning, and the doors were locked. No one was inside however. The woman driver was wandering the apartment complex where the vehicle was left. I Mirandized her and admitted to me that she was driving and drove it up the snow bank and got it stuck. She then locked herself out accidentally. She was drunk. Charges dismissed at trial because regardless of her statement, I needed to have a witness to her driving. If he fights it, it will not survive a motion to dismiss.

What if the supposed "driver in distress" steps forward and testifies that he did, in fact, assist her on the roadside?

 

[2ADMNLOVER]

Mr88GT would be fired outright at the mere arrest for OWI.

Same here and I probably wouldn't be able to find another driving job , I imagine this guy won't find another LEO job . Ten years experience and now it don't mean nothing , that sucks .

 

[VUPDblue]

He's almost 3x the legal limit. We have tiered speeding violations and mitigating circumstances (like speeding in a school zone or construction zone). Why not tiered violations for OWI? Why not tiered for mitigating circumstances like OWI resulting in property damage or OWI resulting is bodily injury death? Or OWI by a LEO

There are tiered violations for OVWI for everything you mentioned above except for OVWI by LEO (and possibly property damage, depending on the circumstance).


He gets plenty of due process. Mr88GT would be fired outright at the mere arrest for OWI.

Well then Mr88GT should have gotten himself a job with protection of Merit Law. It's no more his fault for being employed in the "at will" sector than it is for the cop having a job with Merit protection. You can't throw out Merit law on a whim....

 

[Denny347]

What if the supposed "driver in distress" steps forward and testifies that he did, in fact, assist her on the roadside?

Bingo, we have a witness.

 

[VUPDblue]

What if the supposed "driver in distress" steps forward and testifies that he did, in fact, assist her on the roadside?

The case would be stronger if there was a witness....

 

[Crbn79]

If he really quit drinking at 9 am and was still a .21 late that night, he probably is a functional heavy alcoholic because most people would be in the hospital at the .30+ He must have hit...

The highest I've seen was .32, besides smelling like a bottle of Gin, bright red eyes and slurred speech you would not know she was drunk. I was told she passed the SFST on scene. Being Army we could still do a Breathalyzer.

 

[JB357Mag]

Getting the charges filed is easy, defending them in court is hard. No one SAW him drive. I had a DUI arrest some years ago in the winter. There was an SUV that was found sitting on top of a snow bank running. All the wheels were off the ground, the SUV was running, still in gear with tires spinning, and the doors were locked. No one was inside however. The woman driver was wandering the apartment complex where the vehicle was left. I Mirandized her and admitted to me that she was driving and drove it up the snow bank and got it stuck. She then locked herself out accidentally. She was drunk. Charges dismissed at trial because regardless of her statement, I needed to have a witness to her driving. If he fights it, it will not survive a motion to dismiss.

Really?

The reason I ask is an acquaintance of mine some years back got a dui
for being in his car with the keys, sleeping outside of a bar.

He decided he was too hammered to drive and got nailed anyway.

Maby he didnt have a lawyer, I dont know any other facts than this.

Jimmy