Off-Duty cop who crashes into Tiffany's in New York, arrested for driving while intoxicated

Off-duty cop arrested for drunken driving after cop car slams into front of Tiffany’s flagship 5th Avenue store

New York, NY

An off-duty cop was arrested for drunken driving after he slammed his car into the front of Tiffany’s flagship Fifth Avenue store at 3 a.m. today, police said.

The wreck happened as NYPD officer Raphael Ospina, 27, a cop since 2004, was heading east on 57th Street. He collided with a private garbage truck that was heading in the opposite direction and making a left turn onto Fifth Avenue south.

Ospina's Chrysler 300 sedan, with two passengers inside, jumped a curb and hit the famous façade of the legendary jewelry store.

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Texas cop's DWI case dismissed when arresting officer is no-show for court

McAllen, TX

An Hidalgo County judge killed a McAllen policeman’s criminal case after one of the defendant’s fellow officers failed to appear in court and testify against him, court records state.

Judge Jay Palacios of Hidalgo County Court-at-law No. 2 dealt a “fatal” blow to the prosecution’s case, Hidalgo County District Attorney Rene Guerra said, when he granted a motion to suppress evidence in Officer Alex Alvarez’s pending case on a charge of driving while intoxicated.

McAllen police arrested Alvarez on July 5, 2009, after they found him in his red Ford pickup truck at Chili’s, 521 E. Nolana. An anti-theft locking device was still attached to the steering wheel as he allegedly attempted to leave the restaurant while drunk. In the process, his truck collided with a parked car.

“The outcome of last night may determine his future,” McAllen Police Chief Victor Rodriguez said the day after Alvarez’s arrest.

But in criminal court, at least, it appears Alvarez may have avoided a DWI conviction. The arresting officer failed to appear for a court hearing where he was to explain why Alvarez had been arrested.

“Nobody showed up to testify,” said Alvarez’s attorney, Toribio “Terry” Palacios. “We got all the evidence suppressed. There’s not much I can comment on.”

Alvarez refused a breath test and would not submit to other sobriety tests at the police station, according to Monitor archives.

Restaurant employees told police Alvarez had been bothering four female customers and was told to return to his table. The restaurant manager suspected Alvarez was too drunk to drive and called a taxi to take him home. While waiting for the cab to arrive, the manager tried to stall Alvarez, who apparently stripped a pair of glasses from his head and threw them to the floor.

District Attorney Guerra said he learned Wednesday that the case was set for dismissal when a Monitor reporter contacted him about the matter. Guerra said he would ask Palacios to reconsider his decision to suppress the evidence in the case.

“Legally, I don’t know if he can reconsider it,” the district attorney said. “I don’t know until I try.”

But why the arresting officer missed the court date remains unclear.

Court records show the officer was served a subpoena Jan. 12 to appear in court for the scheduled hearing one week later.

Guerra said he learned the arresting officer had worked the graveyard shift the night before the hearing and missed the Jan. 19 court date.

McAllen’s Police Chief Rodriguez said he believed the officer was hospitalized. Rodriguez provided no further details.

Two officers from the McAllen police force’s internal affairs division were in the courtroom that day as part of their administrative investigation, Guerra said.

“They knew he had been subpoenaed and failed to show up,” the district attorney said.

Alvarez, meanwhile, remains on unpaid administrative leave — as he has since his arrest last summer, Rodriguez said.

No decision has been made about any consequences the 14-year police veteran could face, the chief said, but those could range from suspension to Alvarez’s firing. The arresting officer could face administrative consequences for failing to appear in court, as well.

“Now I need to figure out what will happen in this one,” Rodriguez said.

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New York police officers admit protecting their own from DWI

Asbury Park, NJ

A driver speeding through Tarrytown, N.Y. rolled over and struck a fence and guardrail. Another was accused of running a red light before smashing into a Scarsdale police car. A third hit a Greenburgh ambulance, and a fourth rammed into a truck on Interstate 287.

Four accidents involving allegedly drunken drivers within a three-week period is hardly unusual in Westchester. What made these stand out were the drivers: All were off-duty law enforcement officers, and all now face misdemeanor charges of driving while intoxicated.

At a time when police brass are pushing DWI crackdowns, which have led to a record number of arrests, the recent cluster of crashes allegedly by drunken police officers from Dobbs Ferry, Westchester County and White Plains, plus a county correction officer, has been an official embarrassment and a public eye-opener. However, police say it's not completely surprising, given that many in law enforcement quietly turn a blind eye to drunken off-duty officers when they're stopped.

"If you can get them a ride home and put their car someplace safe, that's what you do," said one central Westchester patrol officer who agreed to speak anonymously. "It's kind of an unwritten rule. You don't jam up another cop unless you have to."

In conversations with 10 police officers who spoke under the condition that their names and departments not be identified, all told The Journal News that off-duty cops are rarely charged with driving while intoxicated unless they were involved in an accident.

"That's a situation that you can't hide," said one officer. "I'm not going to risk my career in a case like that."

Even when they are arrested, law enforcement officers, familiar with the legal system, do what they can to protect themselves. In the recent cases, White Plains Police Officer Joe Zepeda, county Officer Joseph Kraus, Dobbs Ferry Officer Michael Huffman and Correction Officer Patricia Yancy-Johnson all refused to submit to chemical tests that determine blood-alcohol levels, despite knowing that their driver's licenses could be automatically revoked for a year.

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Police Chief may get job back after DWI conviction

Lancaster, NH

The former Errol police chief could get his job back because the town didn’t follow proper procedures when it fired him following a drunken driving conviction.

A judge ruled last week that the firing of Randolph "Randy" DiFruscio had to be reversed because the town selectmen took three months to give him a written reason for his firing.

The New Hampshire Union Leader says state law requires that police chiefs be given written notice when they are fired. They then have 45 days to appeal.

Lawyer Rick Lehman says DiFruscio’s certification as a police officer was reinstated Jan. 1 following a six month suspension.

DiFruscio was on a personal leave of absence last April from his job as Errol’s only police officer when he was convicted of DWI.

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MADD award-winning trooper of the year arrested for drunk driving

Lima, OH

A state trooper in northwest Ohio who was honored by Mothers Against Drunk Driving in 1997 for the number of drunken-driving arrests he made has been charged with drunken driving.

A patrol spokesman said Monday that Gerald Gibson had taken leave following his arrest last weekend.

Gibson was off duty Sunday when Waynesfield police say he drifted over the center lane and then refused to take a Breathalyzer test. Waynesfield is 12 miles northwest of Lima.

Mothers Against Drunk Driving honored Gibson in 1997 for making the most drunken-driving arrests by a Lima trooper. He was named trooper of the year in 2002 in Lima.

A message left with Gibson's attorney, William Kluge, was not immediately returned.

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Refusal to blow - cops arrested for DWI follow an unwritten rule?

Staten Island, NY

It is interesting that cops don't follow the written rule: Don't drive drunk.

All too often, cops follow an unwritten rule if they're arrested for driving while drunk -- don't take the blood alcohol test, no way, no how.

As the circumstances surrounding the vehicular manslaughter arrest of NYPD Officer Andrew Kelly starkly illustrated this weekend, police officers often are unwilling to take a Breathalyzer test, or submit to a blood test, after they've been pulled over for drunken driving or gotten into a car crash.

Several law enforcement sources, speaking on condition of anonymity, say they'd never blow into a Breathalyzer -- the risk of producing scientific evidence of inebriation is too great, and a drunken-driving conviction means they'll have to give up their badge.

"If you think you'd going to fail, you don't take the test," said one source.

Kelly, a seven-year veteran of the NYPD assigned to the 68th Precinct, struck and killed Vionique Valnord, the 33-year-old daughter of a Brooklyn pastor, as she crossed the street in the borough's Flatlands neighborhood.

Kelly refused to take a Breathalyzer test, and, the Daily News reported, it took authorities more than seven hours to administer a blood test, which showed no trace of alcohol.

Kelly's four passengers in his SUV left the scene of the crash. One of them, Michael Downs, a fellow police officer living in Eltingville, later turned himself in. Downs hasn't been charged criminally, but he has been suspended, and one police source said it's likely he'll lose his job.

Kelly's decision to refuse a Breathalyzer is hardly unique among police officers. "I would recommend to anybody, don't take the test. It's never going to help you, and it's just going to strengthen the case against you," said one veteran officer. "How do you know you're going to pass? They give false readings. It's not infallible."

Defense lawyer Mario Gallucci, who handles about70 drunken-driving cases a year, concurs.

A refusal means an automatic year-long license revocation, but Gallucci said it leaves a defendant with options.

"If you don't take the test, there's no machine that's going to be able to testify at a trial," he said.

In respect of the revocation, which is a state Department of Motor Vehicles rule, he said, "You're entitled to a hearing, and we win those hearings often."

Still, the decision to refuse a test doesn't always get a police officer out of hot water, as two Staten Island cases show.

In May 2007, Officer Gary Chin slammed his car into a boulder at the end of Hylan Boulevard, severely injuring his female passenger. He refused a blood alcohol test on the scene but ended up with a 90-day jail sentence, five years of probation and a one-year license revocation. He also lost his job as a police officer.

And in September 2007, Officer Richard Reebe crashed into a parked construction vehicle in West Brighton, then left the scene "without identifying himself and without exhibiting his license or insurance information," according to court papers. When his fellow officers caught up with him, he refused a blood alcohol test.

That following January, he pleaded guilty to driving while intoxicated, in exchange for a conditional discharge, a $500 fine and a six-month revocation. He, too, lost his badge.

Seth Katz, a defense lawyer who specialized in motor vehicle and drunken-driving cases, actually advises the opposite of what's considered conventional wisdom by police -- take the test, especially on Staten Island, unless you already have a conviction on your record, or you're in a crash.

The borough's district attorney, Daniel Donovan, takes a hard line against drunken driving, and a refusal typically means prosecutors won't allow a defendant to plead to a lesser charge.

"They don't want to dispose of them as violations," Katz said, adding that prosecutors might be more amenable to a better deal if a defendant doesn't refuse a test.

With police officers, Katz said, the "blue wall" usually works to a cop's advantage in a drunken-driving case. "The ball will be dropped along the line."

Donovan, for his part, sees the Kelly case as clear reason to change the law in New York state to mandate blood tests on the spot at drunken-driving crashes. In a case with an accident or severe injury, authorities can take blood from an unconscious driver, Donovan explained, but if the motorist is conscious and refuses, police need to get a warrant first.

"I think if somebody refuses, we should be able to compel it automatically," Donovan said. "We have to prove that they're above the legal limit at the time of the occurrence."

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DWI arrests for 2 Fort Worth cops in 2 separate incidents result in both being fired

Fort Worth TX

The strangest line in the article: Both men had been with the police department since May 2, 2008.

Two Fort Worth police officers were fired today after charges of driving while intoxicated.

Officer E.G. Carr was arrested on Aug. 18 on suspicion of driving while intoxicated in his personal vehicle while off-duty in Keller. A dash cam video of the arrest shows Carr physically resisting while being handcuffed. His criminal case is pending, but Fort Worth police officials said his arrest and actions during the incident were cause for his termination.

"Officer Carr’s actions and behavior is a discredit to all of the hardworking men and women of the Fort Worth Police Department and will not be tolerated," Police Chief Jeff Halstead said in a news release.

Authorities said Officer P. Payton was terminated as a result of his conviction of driving while intoxicated Jan. 25 in North Richland Hills while off-duty. He was found guilty of the class B misdemeanor on Sept. 21.

Both men had been with the police department since May 2, 2008.

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Idaho cop charged with DUI, four couts of leaving the scene of an accident

Boise, ID

A shot and a beer, BBQ, some sleeping pills and the Ultimate Fighting Championship...sounds like cop heaven.

An Ada County Sheriff's deputy charged with upholding the law finds himself charged with breaking the law today.

Spencer Powers is accused of causing destruction in a Meridian neighborhood last week.

He has now been charged with driving under the influence and four counts of leaving the scene of an accident.

The city attorney filed the charges today.

And Powers' attorney Joe Filicetti responded.

He says his client, a detention deputy at the Ada County Jail, suffered a form of amnesia from taking the prescription sleeping pill Ambien.

"He had been at a party earlier that night which was a barbecue and watching the UFC fights, he had one beer and one shot over two hours, he took one Ambien originally, ultimately he took more, he doesn't remember doing that," said Filicetti.

What Filicetti says his client does remember is watching a YouTube video and then waking up in an unknown neighborhood five miles from his Meridian home.

Powers is accused of causing damage to two neighborhoods knocking down mailboxes, hitting a tree and a car.

Filicetti says because of the effect from the medicine, he doesn’t' believe the charges fit the crime.

"It is certainly negligence that somehow he gets behind the wheel with medication. As to whether a criminal act, it typically punishes for an intentional act, he doesn't have any memory, he doesn't make any choice, he doesn't do anything that ultimately puts him behind the wheel that he has any memory of," said Filicetti.

Powers has been on administrative leave from his job at the jail since the incident on August 8. He will stay there pending an internal investigation.

Powers will not be booked into the jail. We are told in cases like this where the defendant is not a flight risk. Instead, they are summoned to court.

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Former Alexandria police chief pleads guilty to DUI, gets five days jail

Alexandria, VA

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

Former Alexandria police Chief David Baker pleaded guilty to drunken driving charges and was sentenced to five days in jail.
Baker was arrested last month after he crashed into another car in Arlington while driving a city-owned vehicle. Three days later, he announced his retirement under mounting pressure.
Charging documents said Baker had a 0.19 -- more than twice the legal limit -- two hours after he was taken into custody. On Friday, Baker admitted to having a blood-alcohol level between 0.15 and 0.20.
In a statement filed in court, Baker apologized for letting down that police department that he served for 19 years, adding "I offer no excuses for my bad decisions and behavior because there are none. And I am, and will be, forever haunted by the personal embarrassment."

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Bad cop on paid work comp medical leave pleads guilty to 147mph speeding ticket

Gahanna, OH

It's not a DWI story, but it illustrates all too well the do what I say, not what I do mentality of of many of those behind the badge.

A Gahanna police officer pleaded guilty this morning to speeding charges after he was ticketed last month for traveling almost 150 miles per hour on a motorcycle.

Gahanna Officer Christopher Thomas, 33, received a speeding ticket eight days after he was caught going 149 mph on I-70 near Buckeye Lake, and then only after the Ohio Highway Patrol made a courtesy call to his department. Trooper Jason E. Highsmith, 35, who was riding his motorcycle near Thomas, received a ticket for going 147 mph four days later.

Licking County Municipal Judge W. David Branstool fined Thomas the maximum $150 and suspended Thomas' driver's license for six months, citing the reckless nature of the crime. Thomas had faced a maximum suspension of three years.

Branstool said he was sure Thomas had seen the consequences of excessive speed first hand in his nine years as a police officer.

"Those experiences are more sobering than anything I can tell you here today," he said.

Before receiving his sentence, Thomas apologized to his family, saying his actions displayed a bad lapse in judgment.

"I know it was an extremely wrong thing to do," he said.

The Ohio Department of Public Safety has requested an investigation into the actions of all three men involved in the June stop, including Trooper Bryan D. Lee, 25, of the Granville post, who wrote the tickets. Footage from Lee's cruiser shows him recognizing Highsmith and turning off the sound halfway through the official recording.

Highsmith pleaded not guilty last month. He has a trial pending.

Brian Hoyt, Gahanna spokesman, said the guilty plea does not automatically trigger any action from the city, but will be factored into an ongoing internal investigation into possible disciplinary proceedings. He said he was unsure what the driving suspension would mean to the officer's work duties, adding that Thomas is still on injury leave.

Thomas has been on paid leave since a December on-the-job accident.

The Ohio Bureau of Workers Compensations is investigating whether Thomas' injuries were bad enough to justify a half-year of medical benefits. Spokeswoman Michelle Gatchel said today that she could not comment on the status of the investigation.

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New Hampshire Police Chief chased down by own department, charged with driving while intoxicated

Haverhill, NH

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

The town's police chief, who has been recovering from serious injuries suffered in a motorcycle accident in April, was charged last week with driving while intoxicated after one of his officers pulled him over for speeding.

Jeffrey Williams, 46, of North Haverhill, was arrested by state police just before midnight last Thursday; he also faces a charge of disobeying a police officer.

The arrest was made by Sgt. Cecil Smith, who has been the acting police chief since Williams' April 2 motorcycle accident, according to Haverhill Town Manager Glenn English.

"He didn't know it was the chief" until after Smith talked with Williams after the stop, English said yesterday.

To avoid a conflict of interest, Smith called in State Police Trooper Seth Cooper, who subsequently charged Williams with DWI.

According to a state police report issued yesterday, Haverhill police attempted to stop a vehicle about 11:15 p.m. Thursday for a speeding violation on Swiftwater Road in Woodsville.

Williams allegedly "attempted to flee the Haverhill officer," according to the report, but was stopped a short distance later and taken into custody.

Williams has not returned to work since the motorcycle accident, English said, and has been out on paid medical leave.

The police chief, who has spent most of his 15-year career with the town of Haverhill and was named chief in 2001, suffered serious injuries when he was struck by a pickup truck that turned in front of his motorcycle.

Williams was off duty at the time and was not wearing a helmet. He was flown to the Dartmouth-Hitchcock Medical Center in Lebanon.

English said no date had been set for Williams' return to work.

"He's up and about, but cannot perform his duties as a police officer," he said.

English said he has begun an "administrative investigation" following Williams' arrest and that he is "still in the middle of it."

Williams is scheduled to appear in Haverhill District Court on Sept. 14, but as of yesterday afternoon, no paperwork had been filed with the court clerk.

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Virginia police Chief arrested for drunken driving

Alexandria, VA

In related news, Chief Baker was inducted into the do-what-I-say-not-what-I-do Hall of Fame.

What a hypocrite.

The City of Alexandria has reported that on Saturday, July 25 at approximately 11:00 p.m., Arlington County Police arrested Alexandria Chief of Police David P. Baker for driving under the influence of alcohol (DUI).

Chief Baker was involved in a traffic collision near the intersection of I-66 and North Fairfax Drive in Arlington County. The driver of the other vehicle sustained non life-threatening injuries and was transported to a local area hospital. According to Arlington County Police, Chief Baker’s blood alcohol level (BAC) was .19 percent. Chief Baker was driving an unmarked City vehicle at the time of the accident. Following the arrest, he was released through normal booking procedures.

Because of the arrest, Alexandria City Manager James K. Hartmann placed Chief Baker on paid administrative leave, and appointed Alexandria Executive Deputy Chief of Police Earl Cook Acting Chief of Police, effective immediately.

Acting Chief of Police Cook is a 30-year veteran of the Alexandria Police Department, has served as Executive Deputy Chief of Police since August 2006, and served as an Alexandria Deputy Chief of Police for 12 years.

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Cop kills man in DUI crash, sentenced to 18 months in prison

Harford County, MD

Yet another drunken cop killing and injuring people he was sworn to protect and serve...

An Anne Arundel County police officer has been sentenced to 18 months in prison for a fatal hit-and-run in Harford County in January 2008.

Officer Dane Hall, 30, pleaded guilty in April to DUI charges and leaving the scene of a fatal crash.

Hall admitted to driving drunk after a party in Harford County and rear-ending an SUV on Interstate 95 near Maryland House on Jan. 27, 2008.

The crash killed Antonio Martinez, 28, of Baltimore, and injured two others.

Officials said Hall's blood-alcohol level was slightly higher than the legal limit five hours after the crash. The officer resigned from his post in April.

Prosecutors said they wanted his sentence to be seven years in prison.

"This has been a devastating, horrible thing for the family," said Joe Williams, the attorney for Martinez's family.

"The question is not what is the value of the life of a soul that's been killed, as much as it is, how do you punish somebody whose life is invaluable?" said Hall's attorney, Augustus Brown.

In court, Hall apologized to the family. He said, "I don't know what happened. I dozed off before impact, and it was a huge mistake not to stay and investigate further."

Hall was taken to the Harford County Detention Center, where he will serve his sentence. He'll then be placed on home detention for two years.

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Hypocrite: County substance-abuse counselor convicted of driving while intoxicated

Albuquerque, NM

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

A Bernalillo County employee who helps troubled workers and is up for promotion to run a substance-abuse program was convicted Monday of drunken driving.

However the trial was delayed for more than an hour when the officer who arrested Carl Broach failed to appear in court.

Broach already is a manager in the county's Department of Substance Abuse Programs . He withdrew from being considered for a promotion to run the department.

Officer Stefan Torres pulled Broach over in December, and Broach's attorney challenged his reasons for doing so based on inconsistencies in the police reports.

"Did you sign a citation in connection with this case?” defense attorney David Serna asked. “No.” Torres answered.

“Are you sure about that?” Serna said. “Yes.” Torres replied.

A few questions later Serna showed Torres a different citation and asked him, “Is that your signature on the citation that is sitting in the court file?” Torres conceded it was.

Serna then told the court that because the officer later changed his reasons for pulling Broach over those actions should be enough throw the case out.

"The officer's version of the facts are not worthy of belief," Serna said outside the courtroom.

However prosecutor Letitia Carroll with the district attorney's office said the officer knows he screwed up.

"It's a mistake that he owned up to," she told reporters. "It was a pretty big mistake, and I think he paid for it on the witness stand.”

But she said that doesn't change the facts about Broach's level of intoxication.

"He was drunk," Carroll said. "A 0.18 is a high breath score.

"That's what he blew that night, and he was driving a car."

The judge agreed and found Broach guilty of aggravated DWI and driving in the wrong direction.

Now the question is what happens to Broach's position with the county?

County spokesperson Liz Hamm said his job and future with the county are under administrative review, she added.

"The county manager is aware of the conviction, and he is also aware of the seriousness of the offense," Hamm told KRQE News 13.

Broach will have to serve two days in jail. He will also be on probation for a year and have to have an interlock device in any car he drives.

After the hearing Serna said he and Broach will appeal the conviction. They have 15 days to do so.

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DUI enforcement cop arrested for drunk driving after crash

Yet another hypocrite cop has been busted for drunk driving.

Virginia Beach, VA

Police in Virginia Beach, Va., say a drunken driving charge has been filed against a DUI-enforcement officer.

Police said Master Police Officer Bryan K. Womble, a member of the department's Selective Enforcement team, was arrested Saturday after a two-vehicle crash, The (Norfolk) Virginian-Pilot reported Sunday.

The Selective Enforcement team, which has eight members, focuses on enforcing drunken driving laws in Virginia Beach.

As a member of the unit, Womble arrested former NFL star Bruce Smith on a drunken driving charge in May.

The Virginian-Pilot said in 2007 alone, Womble was responsible for 70 DUI arrests.

A police spokesman said Womble, 36, has been assigned to administrative duties following his arrest. He posted a $500 personal recognizance bond, the Virginian-Pilot said.

There were no injuries in Saturday's accident but further details were not reported.

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Retired NY trooper found guilty in fatal DWI crash

Buffalo, NY

Yet another hypocrite-cop-drunk-driving-killer...

How many non-cops do you think would be out on $1,000 bond awaiting sentencing after being convicted of vehicular manslaughter, criminally negligent homicide and misdemeanor drunken driving charges?

David M. O'Brien, a retired State Police investigator, was found guilty as charged Tuesday of the drunken-driving head-on crash that killed a Seneca Allegany Casino cashier last year.

The jury verdict cane after a two-week trial before State Supreme Court Justice Richard C. Kloch Sr. he jury deliberated about an hour and a half before finding O'Brien guilty.

O'Brien, 69, of Boulder Ridge Road, Allegany, insisted he only remembered waking up in his car in a ditch after the incident.

Though David A. Foley, the special prosecutor handling the case, sought to have O'Brien jailed or forced to pose substantially higher bail given the state prison term he faces,

O'Brien remains free on $1,000 bail pending his Sept. 9 sentencing.

O'Brien declined to comment following the verdict. However, his attorney, Edward C. Cosgrove, accused the jury of a "lack of courage" and faulted Kloch for not allowing him to call character witnesses on behalf of O'Brien. The verdict will be appealed, he said.

A state trooper for 26 years until his 1986 retirement O'Brien, faces a prison term of up to to seven years on vehicular manslaughter, criminally negligent homicide and misdemeanor drunken driving charges.

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Scranton cop on restricted duty after suspected DUI

Scranton, PA

Do what I say, not what I do...

A city patrolman is on restricted duty under suspicion of DUI after crashing his car Monday morning, said Chief David Elliott.

Nick Hurchick, 24, of Scranton, was off duty when he crashed into a wall at 1502 N. Washington Ave. at 2:27 a.m. Monday, Chief Elliott said.

Patrolman Hurchick admitted to drinking, and was taken to a hospital for a blood-alcohol test Chief Elliott said. Pending the toxicology report, Patrolman Hurchick will be "on a restricted-duty status," the chief said.

There were no injuries in the crash, the chief said.

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Police Chief charge with DWI pleads not guilty

Stratham, NH

What's good for the goose is good for the gander. What a hypocrite! What a self-righteous clown!

Police Chief Michael Daley likely will face trial in July on a drunken-driving charge following his arrest in North Hampton last month.

Daley has pleaded not guilty and has remained on paid administrative leave since his April 11 arrest.

The case has been moved to Strafford County to avoid any potential conflicts in Rockingham County, where Daley has worked in law enforcement for many years and has served as police chief in Stratham since 1992.

"We'll be aggressively and vigorously defending the case," said Andrew Cotrupi, a well-known Seacoast defense attorney who is representing Daley.

Strafford County Attorney Tom Velardi could not be reached for comment yesterday.

Daley was due to be arraigned in Hampton District Court on May 18, but his not-guilty plea already has been entered and the case is headed to trial.

Daley was arrested at North Hampton State Beach when police found his vehicle in the parking lot just before 2 a.m.

According to the North Hampton police log, an officer said he checked the beach parking lot and saw Daley's vehicle in the lot after hours. The officer "made contact" with Daley, the log said, and a field sobriety test was performed.

Daley subsequently was arrested without incident and charged with driving while intoxicated and transporting alcohol.

Police have declined to discuss details of the arrest because the case is pending.

Two days after his arrest, Daley told Stratham selectmen that he plans to retire Jun`e 1. Lt. Richard Gendron, the department's senior ranking officer, has been in charge of the department since Daley was placed on administrative leave.

With Daley's retirement only a few weeks away, selectmen are expected to begin searching for a replacement soon. The process could take several months.

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SC cop resigns after being charged with DUI

Walhala, S.C.

A South Carolina police officer has resigned after being arrested on charges of drunken driving and child endangerment.

Thirty-nine-year-old Walhalla Police Lt. Scott Richard Stanley resigned Monday after being charged by the Highway Patrol last weekend.

Police Chief Tim Chastain told the Anderson Independent-Mail that Stanley was an eight-year veteran who was a good officer who made a mistake. Stanley could not be reached for comment.

The Highway Patrol says Stanley had picked up his 10-year-old daughter from Walhalla Elementary School on Friday and was headed to pick up a second child when he ran off the road and hit a culvert. No one was hurt.

Stanley had a blood-alcohol level of .01 percent. Under state law, a level of .008 is the standard for being legally drunk.

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Stratham, MA police chief arrested on DWI charge

Stratham, NH

Police Chief Michael Daley was arrested in North Hampton on drunken driving charges, the Portsmouth Herald reported today.

Daley has been placed on paid administrative leave and has announced he will retire June 1, though the latter was not attributed to his arrest.

Daley was arrested by North Hampton police at 1:41 a.m. April 11 and charged with driving while intoxicated and transporting alcohol, according to Lt. John Scippa of the North Hampton Police Department.

"I can’t confirm anyone’s employment, but I can confirm that a Michael J. Daley was arrested for DWI and transporting alcohol at North Hampton State Beach," Scippa said.

Asked what brought Daley’s vehicle to the attention of a North Hampton officer, Scippa would not comment.

"I can’t get into the details of the case because the matter is pending in court," the lieutenant said. "I can confirm the arrest and that his car was towed."

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$500,000 bond for cop accused of DUI in double-fatal crash

Chicago, IL

Bail is set at $500,000.00 for a cop charged with two counts of reckless homicide, two counts of driving under the influence and one count of leaving the scene of an accident. He posts $50,000 (10%) and is released. Protect and serve...

Emotions were high and tempers flared Sunday when the Chicago Police detective charged with killing two men in a drunken-driving accident was given what some of the victims' friends and relatives thought was a low bail.

"This man should be in jail," Andrew Cazares' friend Kenny Dennison Jr. said after Cook County Judge Donald Panarese Jr. set a $500,000 bail for Joseph Frugoli.

"I feel sick to my stomach about this; $50,000 [bond] for two lives doesn't make sense."

Nearly 70 relatives and friends for Cazares, 23, and Fausto Manzera, 21, sat quietly in Panarese's packed courtroom Sunday.

But outside, a few loudly expressed their opinions, insisting that because Frugoli was able to post bond, it was all a police conspiracy.

Freed on bail, Frugoli walked out the facility's main entrance on California Avenue at about 2 p.m., said sheriff's spokesman Steve Patterson.

Cazares and Manzera died in a fiery crash Friday when an intoxicated Frugoli plowed into the back of their disabled car on the Dan Ryan Expy., prosecutors said.

Frugoli, 41, also has been involved in two other serious wrecks, adding to the frustration of the victims' loved ones.

Frugoli has been charged with two counts of reckless homicide, two counts of driving under the influence and one count of leaving the scene of an accident.

"My client and his family are heartbroken over the incident," said Frugoli's lawyer, Gregg L. Smith. "He did not set out that night to harm anyone."

Cook County sheriff's officers Sunday got the small crowd under control and took one man into custody for his own safety, but he was not charged and later released, sources said.

The victims' immediate relatives clung to each other as they left the courthouse. They were not involved in the outside disturbance.

"This is a very sad day for all of us," Cazares' cousin Erik Franco said. "But we respect the decision made here today."

Michael Rihani, Manzera's brother-in-law, said the magnitude of the loss is just beginning to sink in.

Frugoli, an 18-year police veteran, has been relieved of his police powers. He is due back in court today.

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New Jersey cop convicted of DWI after 2005 crash in 2nd accident, charged DWI again and suspended

Hudson County, NJ

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

Hudson County Sheriff Juan M. Perez has suspended the sheriff's officer who was already on modified duty when she was arrested in Manhattan on a drunk driving charge this weekend, officials said.

Officer Aleisha Cruz, 30, of Kearny, was suspended without pay yesterday pending the outcome of the police investigation triggered by her arrest at 4:15 a.m. Sunday at 42nd Street and Dyer Avenue, officials said.

Cruz was apparently involved in a collision near the mouth of the Lincoln Tunnel, and Port Authority police arrested her based on her behavior after she refused to take a Breathalyzer test, officials said.

On March 16, 2006, Cruz pleaded guilty to drunk driving and refusing to take a Breathalyzer test in connection to a July 2005 incident in Lyndhurst, officials said.

In that incident, Cruz became enraged when her date told her he wasn't going to spend the night with her and she repeatedly drove her 2005 Ford Explorer into his car, cops said. When he got out of the car to calm her down, she struck him with the SUV, but he wasn't seriously injured, police said.

Criminal charges of aggravated assault and assault with an automobile were filed against her, but she entered a pre-trial intervention program and the charges were to be dropped if she stayed out of trouble for 18 months, officials said at the time.

Since then, Cruz has been unable to carry a gun based on an order by the Bergen County Prosecutor's Office -- which handled the Lyndhurst case -- and has been assigned duties that can be performed by an unarmed officer, a sheriff's office spokesman said.

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Cop charged in DWI hit and run crash

Atlantic City, NJ

A 14-year veteran of the Lower Township Police Department is charged in a hit and run accident over the weekend.

Officials say just before 2 a.m. on Saturday morning, a gray dodge pickup truck swerved into the opposite lane and sideswiped a New Jersey Transit bus on Townbank Road near Bayshore Road.

Authorities followed scrape marks on the street to a home on Crawford Road and found a pick up truck with heavy front-end damage. Officer Douglas Whitten, 44, was charged with driving while intoxicated, leaving the scene of an accident and failure to report an accident.

Officer Whitten is suspended from duty.

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Killer cop arrested for 2nd DWI

Austin, MN

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

A Twin Cities Sheriff's deputy who killed a man with his squad car is accused of breaking the law again.

On Aug. 30, 2007, Dakota County Sheriff's Deputy Joshua Williams pulled his squad out in front of motorcyclist Bill Wallace, hitting and killing him on Highway 3 in Empire Township.

On Saturday, he was arrested on suspicion of drunken driving and having an open bottle of beer in his car .

A fellow deputy clocked him doing 68 miles per hour in a 55 mile per hour zone shortly before 2 a.m. on County Road 46 in Empire Township, just minutes away from where he hit Wallace's motorcycle 15 months earlier. Authorities said Williams failed both a field sobriety and breath test, was arrested at the scene, and his car was impounded.

Williams was booked in the Dakota County Jail and placed in general population until his release several hours later. Williams has worked for Dakota county since Aug. 2000. After his careless driving conviction May 13, 2008, he was prohibited from driving county vehicles and re-assigned to court security as a bailiff.

Wallace's family wants to know why he was allowed to drive at all.

"He could have taken another life," step-brother Joe Geror said.

Williams was suppose to have his license suspended for one year, but state records show it was reinstated Oct. 7, 2008--five months after his conviction.

The Wallace family has filed a wrongful death lawsuit against Dakota County. The attorney for Williams declined to comment, since no charges have been filed.

Dakota County Chief Deputy Dave Bellows said Williams is on paid leave and told 5 EYEWITNESS NEWS that the incident "makes us angry."

If convicted, this would be William's second DWI in under 10 years. He already has a DWI conviction in North Carolina from December 1998.

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Chicago cop John Ardelean indicted In fatal DUI Thanksgiving crash

Chicago, IL

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

Chicago Police Officer John Ardelean was indicted Tuesday on charges of reckless homicide and aggravated DUI in the Thanksgiving 2007 crash that left two men dead.

The Cook County State's Attorney's office announced Tuesday that Ardelean has been indicted on two counts of reckless homicide, a Class 3 Felony, which carries a possible prison sentence of up to five years.

The charges result from the Nov. 22 crash at 2925 N. Damen Ave. that claimed the lives of Miquel Flores, 22, and Erick Lagunas, 21.

A judge had originally dropped the case against Ardelean after witnesses said he did not appear intoxicated and the men in the other car ran a stop sign.

In surveillance video taken from Martini Ranch, Ardelean is seen taking what appears to be several shots.

CBS 2's Pamela Jones reports the State's Attorney's Office won't say why this case is being brought up again now. CBS 2 is told they have had access to the surveillance video from the bar ever since the crash.

Ardelean has also been indicted on four counts of aggravated DUI, a Class 2 Felony, but because there were two fatal victims, it is punishable by up to 28 years, according to a release from the Cook County State's Attorney's office.

Ardelean, 34, will be arraigned on Oct. 1.

After viewing the video in its entirety, Assistant State's Attorney Bob Milan notified the victims' families that he was re-opening the case.


"I'm just ecstatic," Miguel Flores' sister, Nancy Flores, said. "I was happy. I was shaking, I was crying."

In February a judge dropped a criminal case against Ardelean because there wasn't enough evidence. But the attorney for the victim's family claims the state's attorney's office didn't consider this part of the video until now.

"They didn't tell me the truth," attorney Daniel O'Conner said. "They didn't look at the whole tape which would be inexcusable or, worse, they looked at the entire tape and did nothing with what they found. So, either one is terrible."

O'Connor says the tape shows Ardelean drinking a shot with a woman, accepting a bottle from the bartender, and walking out.

But Ardelean's attorney says the tape doesn't show exactly what he was drinking and it wasn't booze.

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Chicago cop indicted in fatal DUI Thanksgiving crash

Chicago, IL

...yet another story reflecting the preferential treatment given to police officers in drunk driving cases. It really is a shame.

Chicago Police Officer John Ardelean was indicted Tuesday on charges of reckless homicide and aggravated DUI in the Thanksgiving 2007 crash that left two men dead.

The Cook County State's Attorney's office announced Tuesday that Ardelean has been indicted on two counts of reckless homicide, a Class 3 Felony, which carries a possible prison sentence of up to five years.

The charges result from the Nov. 22 crash at 2925 N. Damen Ave. that claimed the lives of Miquel Flores, 22, and Erick Lagunas, 21.

A judge had originally dropped the case against Ardelean after witnesses said he did not appear intoxicated and the men in the other car ran a stop sign.

In surveillance video taken from Martini Ranch, Ardelean is seen taking what appears to be several shots.

CBS 2's Pamela Jones reports the State's Attorney's Office won't say why this case is being brought up again now. CBS 2 is told they have had access to the surveillance video from the bar ever since the crash.

Ardelean has also been indicted on four counts of aggravated DUI, a Class 2 Felony, but because there were two fatal victims, it is punishable by up to 28 years, according to a release from the Cook County State's Attorney's office.

Ardelean, 34, will be arraigned on Oct. 1.

After viewing the video in its entirety, Assistant State's Attorney Bob Milan notified the victims' families that he was re-opening the case.


"I'm just ecstatic," Miguel Flores' sister, Nancy Flores, said. "I was happy. I was shaking, I was crying."


In February a judge dropped a criminal case against Ardelean because there wasn't enough evidence. But the attorney for the victim's family claims the state's attorney's office didn't consider this part of the video until now.


"They didn't tell me the truth," attorney Daniel O'Conner said. "They didn't look at the whole tape which would be inexcusable or, worse, they looked at the entire tape and did nothing with what they found. So, either one is terrible."

O'Connor says the tape shows Ardelean drinking a shot with a woman, accepting a bottle from the bartender, and walking out.

But Ardelean's attorney says the tape doesn't show exactly what he was drinking and it wasn't booze.

"The prosecutors working on this case are competent, thorough people, but whoever made this decision just has the facts all wrong," Attorney Thomas Needham said. "The staff at the bar, the other patrons and the bar and the people who know my client will testify that most of the drinks that he was consuming that night were non-alcoholic."

He's not saying the officer didn't have any alcohol.

Several hours after the crash Ardelean's blood alcohol level was at .032, below the legal limit.

The families of the victims are also suing Ardelean and the bar in civil court.

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Cop busted for DWI in sobriety checkpoint he legally could have avoided

Franklin, NH

This cop's hypocrisy is exceeded only by his stupidity.

His stupidly in voluntarily entering the DWI sobriety checkpoint after passing signs alerting it was ahead and knowing it was legal to turn off the road is exceeded only by the stupidity of the cops who arrested him in thinking anyone would believe their statement that he "did inform [the officers conducting the checkpoint] he was a police officer, but he did not try to use that to get out of the DWI."

Huh? Why else would he tell them he was a cop?! It's not like an accountant, mailman, secretary, or carpenter would tell the cops what they did for a living upon arriving at a DWI sobriety checkpoint into drove voluntarily after arrogantly ignoring signs warning it was ahead. Does anyone really think he would have driven into the checkpoint if he didn't think that he could play the cop card and get a free pass?!

Kudos to the stand-up officers who proved themselves honorable professionals in upholding their oath. Their badges are shining a little brighter today.

An off-duty Newbury, N.H., police officer was arrested over the holiday weekend at a sobriety checkpoint in Franklin.

Police said Cpl. Brad Wheeler was driving on Central Street when he came to the checkpoint. Police officers said he acted as though he had been drinking and then failed a field sobriety test.

"I can only assume he saw the signs," Franklin Sgt. Lisa Carter said. "His options to turn off were obviously not used."

Under state law, a court has to approve a sobriety checkpoint, and police are required to give drivers an alternate route if they don't want to travel through it. Police said Wheeler chose to pass through and was waved into a strip mall.

"It's just a conversation with the motorist," Carter said. "If there are any signs that involve intoxication, he is moved into the Stage 2 area."

Police said after Wheeler failed the sobriety test, he was arrested, his car towed and he was put in a police holding cell.

The Newbury police chief wouldn't comment or say if the arrest has affected Wheeler's job. Residents said police should be held to the same standards as others.

"They are human. They make mistakes," said Vicki Warner, of Newbury. "But they still need to face the consequences."

Some residents said they have had good experiences with Wheeler.

"I have always known him as a great person," said Kelley Santti, of Newbury. "I've seen him in town as a police officer around here."

Franklin police said that while Wheeler did inform them he was a police officer, but he did not try to use that to get out of the DWI.

This was Franklin's first sobriety checkpoint in 18 years. Police stopped 213 vehicles and made 10 arrests, five for DWI.

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Texas prosecutor charged with DWI wants case dismissed

Hildago County, TX

What's good for the goose...

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

A Hidalgo County prosecutor arrested by Palmview police for driving while intoxicated over a year ago is hoping to have the charges against her dismissed.

Beth Berg, her defense attorney and the arresting police officer Joe Lopez faced each other in court on Thursday.

Officer Lopez testified that the alleged incident occurred on June 30, of 2007 just before 3 a.m.

He told teh court that he nearly collided with Ms. Berg as she allegedly failed to signal a lane change and tried to enter U.S. Expressway 83 through a ramp.

During a traffic stop, Lopez said he noticed Berg had "red blood shot eyes and spoke with slurred speech" and that he smelled "an odor of an alcoholic beverage" on her.

According to court documents, Berg allegedly admitted to having "several glasses of wine".

Officer Lopez claimed prosecutor Berg refused any field sobriety tests stating she was a prosecutor and knew the law.

Her defense attorney, Rick Palacios tried to discount the officer's testimony telling the judge there was no evidence to back up his claims.

The dash camera in Lopez' police unit was inoperable at the time of the traffic stop.

"The dashcam would have recorded whether or not my client failed to lane change," Palacios told County Court at Law 1 Judge Rudy Gonzales. "It would have recorded whether or not my client came up on an off ramp, like he says. It would have recorded everything. But nowhere other than what this gentlemen testified to do we have to corroborate what he stated here today."

Palacios went on to say, "He (the officer) also stated in court several inconsistencies judge and again I submit to the court today that we provide sufficient evidence and that the case should be dismissed and that suppression should be granted."

Following closing arguments, Judge Gonzales announced that he would render a decision on this case by the end of next week.

Both Berg and Palacios both declined a request for an on-camera interview.

Hidalgo County District Attorney Rene Guerra had no comment on Thursday but did confirm to Action 4 News that Berg had submitted her resignation.

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Trooper charged with DWI pleads not guilty to killing 90 year old pedestrian

Rochester, NY

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

A 90-year-old man killed while walking home early Sunday morning. Retired state trooper Frank Murray was arrested and today he was in court to face DWI charges.

Murray told police he hadn't been drinking but police say he was drunk and hit and killed a 90-year-old man. According to court documents, Frank Murray had a blood alcohol content of .08, legally he was drunk but his lawyer is disputing the alcohol tests.

Today Murry pleaded not guilty to only a drunk driving charge. Prosecutors say he was drunk when he hit and killed Harry Thorton early Sunday morning on Genesee Street.

Murray was free to go back home today, but his license has been suspended and his lawyer says there's a lot more to this case.

Ed Fiandach said, “I got serious questions about how the accident happened, number one.”

Prosecutor Julie Finocchio said, “I did talk to all the witnesses, put everything together, make sure we know what happened.”

Both sides are getting different stories about what happened Sunday morning and how Harry Thornton was killed. Witnesses told police they saw Murray hit Thornton while was crossing Genesee Street but there are some reports another car hit him first.

Finocchio is trying to sort out all the details. She said, “We're taking this very seriously.”

In court documents, Murray told police he hadn't been drinking Saturday night but they noted he had blood shot eyes and a faint smell of alcohol on his breath.

Murray refused to take a breathalyzer that night but a preliminary test done shows his BAC was .08, legally drunk.

His lawyer argues those tests aren't accurate. Fiandach said, “You'll eventually see the filed papers. He wasn't plastered. There was only a faint smell of alcohol on his breath at scene.”

Rochester police waited several days to release Murray’s name. Some people argued he was getting special treatment because he's not in custody.

Finocchio said, “We are not giving Mr. Murray any special treatment here, but even in the case of a person who is not a retired trooper, if same situation had happened we would do the same thing.”

He's only charged with a misdemeanor DWI because this is his first offense. “Right now all they have is a DWI charge and a fairly weak one at that,” said Fiandach.

Murray is due back in court in September for a hearing. The prosecutor is still interviewing witnesses and deciding whether this case will go to a grand jury.

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Fort Worth, TX police officer arrested on DWI charge

Fort Worth, TX

Yet another hypocritical cop pulling the old "do what I say, not what I do" rountine.

An off-duty Fort Worth police officer has been arrested on suspicion of drunken driving.
An off-duty Tarrant County Sheriff's deputy observed a driver run a red light while driving erratically near the 700 block of Southwest Alsbury Avenue at about 11:30 p.m. Friday.

The off-duty deputy notified the Burleson Police Department of the driver and asked for assistance in making a traffic stop. A short time later, Burleson police pulled over the driver, Fort Worth police officer Autumn Wheat.

After conducting a preliminary investigation, Wheat was arrested on suspicion of drunken driving and booked into the Burleson jail.

The Burleson Police Department is conducting the criminal investigation concerning the charge of driving while intoxicated and the Fort Worth Police Department Internal Affairs Division is conducting an administrative investigation into the incident.
Wheat, who has been placed on restricted duty pending the outcome of the investigation, has been a Fort Worth police officer for 16 years.

Wheat is free on bond. It was not clear if she has an attorney.

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Nevada trooper charged with DUI after fatal crash allowed to resign

Las Vegas, NV

How hypocritical is it that a highway patrol trooper who caused a crash and killed someone while under the influence of marijuana (an illegal drug) was put on paid administrative leave and allowed to resign instead of immediately being fired?!

The Nevada Highway Patrol Trooper accused of causing a deadly crash has resigned his position.

Police say 46-year-old Edward Lattin was under the influence of marijuana when he caused the crash last month near Tropicana and Rainbow. One person was killed.

The 17 year veteran of the Highway Patrol is free on $50,000 bail. He has been on paid administrative leave since the crash, pending the outcome of the investigation.

Lattin is scheduled for a preliminary hearing on October 15, 2008. He is charged with felony DUI resulting in death. If convicted he could be sentenced to up to 20 years in prison.

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Texas cop fired after alleged drunken driving

Dallas, TX

It is so rare nowadays that a cop is fired for driving while intoxicated, I guess this cop was fired for being passed out drunk behind the wheel of his stopped cop car.

Poor guy. If only he hadn't parked and passed out and just was sloshed and driving, he probably wouldn't have been fired.

A Fort Worth police officer accused of drunken driving is no longer on the job.

As the result of an Internal Affairs investigation, the Fort Worth Police Department on Thursday indefinitely suspended former Officer Clinton Wyatt, according to a news release.

The move stems from an April 5 incident in which Burleson police said they found the 32-year-old passed out behind the wheel of his marked patrol car.

Wyatt can appeal the decision through arbitration, the release stated.

Wyatt's DWI trial in Johnson County is still pending.

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Deputy convicted of DWI after crashing into house rehired in Lincoln County, NC

Lincolntown, NC

A former Lincoln County Sheriff's deputy convicted of drunken driving has been rehired by the department.

Bruce White was rehired as a lake patrol officer on July 3, the Lincoln Times News reported.

White, a former narcotics officer, resigned in 2007 after he crashed his vehicle into a home. His blood-alcohol level was twice the legal limit.

He was off-duty at the time of the crash.

Lincoln County Sheriff Tim Daugherty told the Lincoln Times News that he rehired White after he completed his court-ordered community service, settled with the homeowner and was granted a limited license, which allows him to drive to work.

“... Some people will question [White’s] ‘credibility;’ however, he did not shun responsibility for his actions. He admitted his mistake and immediately began working hard to correct his mistake,” Daugherty told the Times News. “I believe he deserves a second chance. I have personally spoken with Deputy White and he understands my position.”

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Hypocrisy alert: Boise police chief says department won't fire cop busted for DUI

Boise, ID

"We're not going to fire him." -- Chief Masterson

If committing a crime isn't grounds for termination, what is? How can the Chief talk about the evil epidemic of drunken driving out of one side of his mouth and then dismiss the significance of one of his cops getting busted for DWI out of the other?

Chief Mike Masterson: Hypocrite!

Boise's Police chief is speaking out about the arrest of one of his patrol officers over the weekend.

Chief Mike Masterson talked about the incident in which Boise Bench patrol officer Mike Miller was arrested for allegedly driving under the influence. Idaho State Police arrested Miller over the weekend.

"It's something that we don't tolerate," Masterson said. "We hold our folks to a higher standard and there will be consequences as a result of his actions."

The alleged incident drew some heat over the weekend when it was learned that Miller was not booked into the Ada County Jail, which ultimately meant a mugshot of Miller would not be posted onto the Ada County Jail website. Officials said they didn't put Miller into a holding cell due to safety concerns.

Miller has been taken off patrol pending the department's internal investigation. Although there will be consequences, Masterson said, Miller's job, is still in tact.

"We're not going to fire him," Masterson said.

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San Antonio cop arrested for drunk driving while in Austin for a S.W.A.T. conference

San Antonio, TX

"If he was found to be guilty, then, of course, we'll address that appropriately."

So, it will be handled appropriately only after he is convicted? Well, I guess that explains why three police officers let him drive the police car in which they all were passengers when he got pulled over.

A San Antonio S.W.A.T. officer was arrested for driving drunk over the weekend.

Austin police stopped 42-year-old Guillermo Cantu while he was driving an unmarked San Antonio Police Department car.

Officer Cantu was in Austin for a S.W.A.T. conference.

"We were notified by the Austin Police Department that over the weekend they arrested one of our officers," said San Antonio Police Department Spokesman Gabe Trevino.

News 4 has learned Cantu is an 18-year veteran of the San Antonio Police Department and a member of the Special Operations Unit.

"The austin officer felt he was intoxicated," said Gabe Trevino.

San Antonio Police Department officials said two other officers also attending the S.W.A.T. conference were in the car with Cantu.

"While there, he was involved with some drinking. He got into the city vehicle that he was assigned to at this conference and got stopped," explained Trevino.

San Antonio Police Department officials refused to comment about the details of Cantu's D.W.I. arrest, but said they are conducting their own investigation.

"If he was found to be guilty, then, of course, we'll address that appropriately," Trevino said.

Cantu bonded out of jail in Austin. He's been placed on administrative duty, pending completion of the investigation.

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Burlington, VT police sergeant involved in single car DUI crash promoted to deputy chief

Burlington, VT

Deputy Chief, Andi Higabee: A stand up guy, redeemed.

When the Vermont State Police responded to a one-car crash Nov. 21, 1999, in Charlotte, troopers learned the driver was a man they knew: Burlington Police Sgt. Andi Higbee. He was drunk.

Minutes before, the then-30-year-old, who had drunk too much at a birthday party, had smashed his personal car into a telephone pole and a barn. Higbee trudged to a nearby farmhouse and called authorities.

"I knew most of the troopers that were there," Higbee would recall later. "I put them in a very bad position that night."

There might have been a temptation to offer special treatment, cop to cop, Higbee says. He didn't ask, though, and the troopers offered none. Higbee pleaded guilty to drunken driving, paid restitution and a $300 fine, lost his driver's license, attended a court-mandated course for DUI offenders, was demoted to corporal, and suffered a blemish on his record that lingers like an old wound.

Flash forward eight years, almost to the day: Nov. 2, 2007. Colchester Police Officer Dale Trombly stopped a car whose driver was suspected of intoxication. Behind the wheel was Burlington Police Sgt. Donald Lilja; the vehicle turned out to be an unmarked city cruiser. Trombly administered no sobriety tests, turned off his cruiser's video camera and never cited Lilja, who later admitted driving after having consumed alcohol.

The contrast between the two incidents helps explain what happened to the officers involved. Lilja opted for early retirement. Trombly was fired. Another Burlington officer, whom supervisors accused of failing to report what he knew about the incident, also was dismissed.

And Friday, Higbee was promoted to deputy chief.

"What stands out to me about that incident is how Andi handled it," says Higbee's boss, Burlington Police Chief Mike Schirling, who made the decision about the promotion. "He called. He didn't try to flee. He didn't try to broom it. He just stood up and said, 'I'm going to eat it. I made a mistake, and I've got to fix it and move on.'" More >>

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Finally, a cop charged with DUI who maintains his honor and immediately resigns

Myrtle Beach, SC

Christopher Jerome Palmer is an honorable man and should be respected as such. He made a mistake but kept his honor. He knows what the badge represents and puts the interests of the badge above his own. He is a rare man today; one who takes full responsibility for his misdeeds.

Christopher Jerome Palmer, you have my respect.

A deputy with the Horry County Sheriff's Office resigned Monday, one day after being charged with driving under the influence of alcohol.

Christopher Jerome Palmer, 37, of Conway, was arrested at 7 p.m. Sunday by Conway police. He was held overnight at J. Reuben Long Detention Center and released Monday on a personal recognizance bond, authorities said.

Palmer submitted his resignation Monday, according to Sheriff Phillip Thompson. Palmer was hired by the department on Oct. 31, 2005.

"He was a good employee up until that point," Thompson said. "No problems prior to that."

Thompson said Palmer "voluntarily resigned."

Palmer was arrested on Kenneth Street in Conway after a person reported a reckless driver in the area, according to an incident report. The woman told police she saw Palmer get out of his car and urinate on the side of the road.

An officer smelled a strong odor of alcohol coming from Palmer's vehicle, according to the report, and he told an officer he had been drinking.

Palmer then failed three field sobriety tests.

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New York cop charged with DWI, failure to yield at a stop sign after 2-car crash

Binghampton, NY

Yet another New York cop arrested for DWI. This detective was arrested after a 2-car crash and charged with DWI and failure to yield at a stop sign.

He should spend some "investigating" his own allegedly criminal conduct and "detecting" some honor within himself. Then, he certainly would turn in his badge for good.

Binghamton Police put an officer on leave after he's charged with DWI.

40 year old Dennis Redner was involved in a 2 car crash last night.

A man in the neighborhood took this picture and posted it on You News TV.

Guyfernandez labeled it Sedan T Bones Van.

The vehicles hit at the intersection of East Catherine and Broad Avenue.

Acting Chief Joe Zikuski says Redner was driving on East Catherine.

A witness saw his vehicle stop at the sign.

Zikuski says Redner pulled out in front of the other vehicle on Broad Avenue.

The other driver was 67 year old Lillian Bryan of Conklin.

She was treated and released, and Redner was not injured.

Binghamton Police charged Redner with DWI and Failure To Yield at a Stop Sign.

Zikuski says Redner was placed on personal leave pending an internal review and any disciplinary action.

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Hornell, NY police officer charged with DWI, not fired

Hornell, NY

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

51-year old Mark Mahoney has been charged with drunk driving. Hornell Police say the police sergeant was found unconscious in his car on Maple City Drive in Hornell. They say the car was in the middle of the road around 11:30 Friday night, when a driver spotted the car and called 9-1-1.

Police say Mahoney was so intoxicated that he had to be taken to Saint James Hospital for treatment. Mahoney was off-duty at the time. He's been issued an appearance ticket.

The Hornell Police Chief tells us Mahoney is still an officer at the department. But the chief says he plans to meet with the mayor on Monday to discuss disciplinary action.

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MADD award-winning cop's DWI trial delayed again

Cincinnati, OH

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

It will take more than a year before a Cincinnati police officer – who received an award from Mothers Against Drunk Driving – goes to trial in Indiana to face charges he was driving drunk.

Specialist Charles Beebe, who earned $106,255 in 2006, was scheduled to go to trial Thursday in Dearborn County following his May arrest in Aurora, Ind., where he was charged with driving while intoxicated.

Police say when they pulled Beebe over, his blood-alcohol content was .08 percent. Indiana like Ohio, considers a driver legally drunk with a blood-alcohol content of .08 percent and above. Beebe was driving a SUV that police said sped past them.
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Police said a female driver of another car told them Beebe’s SUV "passed her and ran two vehicles off the road."

Initially, Beebe’s trial was scheduled for October but it has now been continued at least twice. Thursday was the latest of his three trial dates have been set but the trial was continued today until Aug. 19. More >>

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Jail sentence of DWI cop-killing cop is doubled, now sentenced to one year

Long Island, NY
Shouldn't cops be held to a higher standard? ..or at least the same standard? It seems that the punishment meted out to a drunk-driving, cop-killing police officer should be more harsh than that for someone who hasn't been sworn to uphold and enforce the law. One year in jail (twice the initial 6-month sentence) seems more like tender hand holding than even a slap on the wrist.

A Long Island judge doubled the sentence Friday for an ex-NYPD rookie who had admitted driving drunk, smashing her car and killing a friend and fellow cop.
Danielle Baymack, 23, pleaded guilty in January to manslaughter and other charges and had expected to get six months in jail and five months' probation - a sentence the victim's family had requested, court officials said.
But Nassau County Court Judge Meryl Berkowitz told Baymack Friday that she didn't think six months was enough time.
The judge gave her a year behind bars, with no probation.
Baymack, who was given the chance to withdraw her guilty plea and take her chances at trial, agreed to the one-year term.
Police say an off-duty Baymack was driving drunk in Wantagh about 4:30 a.m. on Sept. 22, 2006, when she smashed her car into a guardrail.
Her passenger, 24-year-old Marlene Rivera of Brooklyn, was killed. Both Rivera and Baymack were assigned to the 103rd Precinct in Queens.

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Dallas police officer arrested again for DWI, second DWI since December

Arilngton, TX

A Dallas police officer was arrested on a charge of driving while intoxicated, his second such arrest since December, police said Monday.

Senior Cpl. Billy Ailey, 47, was arrested early Sunday morning after Arlington police received a 911 call about a possible drunk driver. After he was pulled over, Ailey refused to provide a breath sample. He was forced to provide a blood sample at a local hospital after police obtained a warrant, said Arlington police spokesman Lt. Blake Miller.

Ailey was taken to the Arlington Jail and released Sunday night on a $1,000 bond, Miller said.

Ailey, a Dallas police officer for 23 years, was arrested in December on a DWI charge. He was placed on administrative leave after that arrest and then assigned to the communications division, Dallas police spokesman Sr. Cpl. Kevin Janse said. More >>

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Former head of Utah's DUI enforcement squad pleads guilty to drunk driving

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

West Jordan, UT

The former head of Utah Highway Patrol's DUI unit has pleaded guilty to alcohol-related reckless driving.

Fred Swain crashed his police cruiser into a concrete barrier in June 2006. A breath test at the time revealed his blood-alcohol level to be 0.11 - in excess of the state's legal limit of 0.08.

Swain's plea to the class B misdemeanor charge was entered in 3rd District Court on Monday. It was actually his second guilty plea - he had already entered one in Draper's justice court, but was appealing that conviction. The city prosecutor says he doesn't know why Swain ended the appeal process.

Lt. Fred Swain submitted his resignation shortly after his DUI crash in 2006. "My behavior has not been consistent with the best requirements of the department," he wrote. "I can only do the right thing from this day forth. I am in need of correcting my behavior and becoming once again the type of person I once was not so long ago." More >>

In the judgment of this drunk driving cop, dragging his case out for 2 years before ending his appeakl and pleading guilty to reckless driving was the right thing to do. Hypocrite. Liar.

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High-ranking South Carolina Sheriff’s officer arrested and charged with DWI DWI

Charlotte, NC

When the Sheriff's spokesperson says his arrest was "a tragic mistake," does she suggest that the arresting officers should have given him a free pass? Has she ever referred to the DWI arrest of a non-cop as "a tragic mistake."

One of the highest ranking officers at the Mecklenburg County Sheriff’s Department was charged early Saturday morning with DWI.

Rick Sanders is commander of the Office of Professional Compliance.

He was booked just before 1:30 a.m. and released on $1,000 secured bond.

Sheriff’s Department spokesperson Julia Rush called Sanders’ arrest “a very tragic mistake.”

She said Sanders is suspended with pay until an internal investigation is completed.

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Cop sentenced to only 6 months in jail for killing partner in DWI crash

Wantagh, NY

How much time in jail do you think a non-cop drunk driver would get for killing a cop in a drunk driving crash?! It probably would take longer than 6 months to count that high.

Disgraced ex-cop Danielle Baymack sobbed hysterically as she was hauled off to jail Wednesday moments after pleading guilty to killing a fellow rookie NYPD officer in a drunken car crash on Long Island.

Baymack, 23, will serve six months in the Nassau County Jail and five years' probation under the terms of the plea deal approved by Judge Meryl Berkowitz.

Baymack had faced 15 years in an upstate prison for causing the September 2006 wreck that claimed the life of her close friend and Police Academy classmate, Officer Marlene Rivera, 24, of Bushwick, Brooklyn.

The judge agreed to the plea deal - blasted as "light and not appropriate" by prosecutors - after Rivera's mom, Anna Fernandez, publicly forgave the blubbering Baymack.

"I forgive her because I'm a Christian person," Fernandez told the court, tears in her eyes. "But I want her to pay, you know, for what she did." More >>

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