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  • Office & Drinking

    We have a parish member whose family was rear ended by an officer who was under the influence, beyond the legal limits. Damages were so bad it was asumed fatal, but by the grace of God everyone survived but with serious injuries. If the officer is off duty in his POV, is he likely releaved from duty or he is still on duty but off the street? Not going to ask if it happen with his cruiser, it is almost common sense.

  • #2
    Umm...

    -- if you cause an accident with serious injuries because you were under the influence of alcohol, that officer is in deep doo-doo, and isn't going to be an officer for much longer...

    In GA its a felony and punishable by up to 15 yrs in the pen.

    And that's just for one count... depending on the injuries sustained, and how many people were hurt, he could be looking at multiple counts.

    40-6-394.
    Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.




    Although, upon further thought, there is always the chance he could be offered a plea bargain to plead guilty to reckless driving instead...

    I guess it would depend on his driving history and discipline history with the department.

    Who knows. :P
    Last edited by Presence 1*; 08-23-2009, 03:03 PM.

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    • #3
      Only good answer is "it depends". There are a lot of LEO's currently working who have a DUI in their past, so it is definitely not an automatic dismissal. It is going to depend on department policy, the facts and circumstances surrounding the incident, the officer's disciplinary history, etc.
      Before science, it was believed that autumn was caused by Chuck Norris simultaneously roundhouse kicking every tree on the planet.

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      • #4
        Originally posted by x-cube View Post
        We have a parish member whose family was rear ended by an officer who was under the influence, beyond the legal limits. Damages were so bad it was asumed fatal, but by the grace of God everyone survived but with serious injuries. If the officer is off duty in his POV, is he likely releaved from duty or he is still on duty but off the street? Not going to ask if it happen with his cruiser, it is almost common sense.
        In all likelyhood, he would be relieved of duty, possibly charged /shown at fault in the accident. Either would apply whether or not he was(Heaven forbid) on duty, or off. Depending upon the circumstances of the accident,there is the possibility,probably the likelyhood of Civil litigation for the injuries incurred. It's also a distinct possibility the Officer's LE career is at an end.

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        • #5
          More than likely he will be relieved of duty with pay pending resolution of the criminal case. Whether he will be assigned to a desk or send home on administrative leave will be up to the department. There are a number of reasons for this.

          Most states have laws that prohibit terminating an employee based solely on an arrest that has yet to result in a conviction.

          The courts have ruled that civil service employees have what's called a Liberty (property) Interest in their jobs and cannot be terminated or disciplined without first affording them some sort of an appeal mechanism.

          Both terminated civil service employees and persons being criminal prosecuted have a right to discovery material (all the incriminating evidence you have against them) so they can review that information and prepare to fight their cases in court. Criminal prosecutors like to delay the release of discovery material until every piece is together in a package, they can review it in total and decide what they will use in the case. If a department fires an employee right away, this forces an early release of discovery material before the prosecutor has had a chance to review it or may even be aware of it. This often damages relations with the police and the prosecutor's office and can sometimes jeopardize a successful criminal prosecution.
          Going too far is half the pleasure of not getting anywhere

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          • #6
            Wow. Gee Willikers! I feel for the family as well as the officer. A lot of people heard of it and all they can think of is dollar signs. He shouldn't been drinking to that point, true, he is human, also true but wow he should take in consideration of his freedom, family,and his job before what he did. We are professionals, and we should handle ourselves as such. I am not saying we cant do what the general public does, but for one important reason we should behave for people only see dollar signs. Everyone is waiting for officers, postal worker(like myself), ambulance, city workers, fire department to hit them. When I delivered mail, I tried my best to control the postal vehicle in a manner that would avoid any problems.

            For his and his family sake and this day in age, hope he continues to be employed in some fashion at his department, it is an evil world out there. I am sure he has already paid for his mistake without the aid of the system.

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            • #7
              If convicted of DUI with T/A, resulting in injuries? Felony. The officer can probably kiss his LE career goodbye, as convicted felon can't own/carry a gun.
              Last edited by Kieth M.; 08-23-2009, 04:55 PM.
              "You're never fully dressed without a smile."

              Pain is inevitable, suffering is optional.

              Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

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              • #8
                Are you asking if the officer is on duty 24/7? I gathered that from your question. I could be wrong. My wife tells me I'm wrong all the time. If I'm off duty, I'm off duty. If I'm not getting paid I'm not working. If you (or anybody else) are looking for $$$$$$ from a department due to the actions of an off duty officer.....don't ask that here. Seek an attorney.

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                • #9
                  Originally posted by sigcopper View Post
                  Are you asking if the officer is on duty 24/7? I gathered that from your question. I could be wrong. My wife tells me I'm wrong all the time. If I'm off duty, I'm off duty. If I'm not getting paid I'm not working. If you (or anybody else) are looking for $$$$$$ from a department due to the actions of an off duty officer.....don't ask that here. Seek an attorney.
                  I get it SigCopper, I never thought of it that way when i asked the question. Even though it was for my own personal knowledge, I should've asked one of my friends who are LE, instead of on here. It can look like I am gathering info to help hang the cop. I will stop it here.

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                  • #10
                    Not the point. You are in "Ask a Cop" section where people ask questions. Am I understanding your first post? Or, was I wrong?

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                    • #11
                      Well I am guessing he was off duty, simply because he was drunk wwhen it happend and i cant see a uniform cop drunk. I just wanted to know could anything happen to him job wise if he is indeed off the clock.

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                      • #12
                        You bet. Unemployed.

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                        • #13
                          Unemployment is the least of his worries at this point......
                          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                          "Politicians are like diapers. They need to be changed often and for the same reason"

                          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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