Fully naked is the only way to go.

AaronB1138: I'm confused. How drunk does a cop need to be to consent to a field sobriety test. He knows he's better off not consenting, having blood forcibly drawn (but being quiet and cooperative) and telling his squadmates to throw him in the tank and keeping his mouth shut otherwise.

He failed the test and blamed it on an old injury. Then, he refused both BAC tests. So, there's essentially no evidence against him and charges get dismissed when he goes to the court date.

A civilian would have gone for a forced blood test and then straight to jail.

The Gordie Howe Hat Trick: Another one of our heroes in law-enforcement.

You're talking about the arresting officer I assume.

zepher: I bet this cop gets a whole week of paid time off to teach him a lesson.

What started this misbelief that cops get paid leave as punishment?

Enemabag Jones:
Villa has been relieved of duty with pay pending an investigation.

Pending an investigation. Pending an investigation. Pending an investigation.

The cop was taken off the street to prevent this from happening again while they investigate the incident. After he's found guilty of violating department policy THEN he'll receive his punsishment, most likely termination.

svenge: Because nothing bad ever happens to them afterwards, no matter how blatently guilty they are?

Well, no. You don't get to make up generalizations to support your beliefs. Nothing bad ever happens to them?

Enemabag Jones: First, why was he not arrested and forced to post bond?

Because he's a cop, and that was wrong.

Second, the termination is not punishment, it is a result of breaking departmental ethics

Well, yeah. It's punishemtn for violating department policy He gets that above and beyond whatever he gets for the DUI.

The punishment for a sloppy DWI like that would be losing one's license and probably some jail time.

Likely not. It's rare for first offense DUIs to get any jail time. However, this guy hasn't even gone to court yet. He may get jail time.

This is why people are starting to hate LEO's. They are starting to hold people to zero tolerance policies while still giving each other favors.

He got arrested for DUI. What kind of favor was that?

No, some Farkers hate cops because they focus on the idiot cop that got arrested for DUI. How about giving some credit to the cop that arrested him?

svenge: Wow, you found the exception to the rule. Good jorb!

No, you made this statement: "Because nothing bad ever happens to them afterwards."

When you make an absolute statement like that all it takes is one example to prove you wrong and I provided that example. Want more? Do as I did and Google "cop fired for dui."

CruiserTwelve: Enemabag Jones:
Villa has been relieved of duty with pay pending an investigation.

Pending an investigation. Pending an investigation. Pending an investigation.

The cop was taken off the street to prevent this from happening again while they investigate the incident. After he's found guilty of violating department policy THEN he'll receive his punsishment, most likely termination.

Exactly.

A civilian is arrested, loses his job, faces criminal charges, and goes to prison when convicted. That's when because over 3/4 of all criminal trials end in conviction.

An Officer gets a ride home, full pay during the investigation, faces "administrative" charges and might lose his job if they are upheld. Only when the internal investigation is complete, and if he isn't exonerated, does he face a tiny chance of criminal charges.

Tell me again that y'all aren't getting special treatment.

Enemabag Jones: He signed a form to appear as if it was a low-level misdemeanor. A cop buddy gave him a break.

Yeah, and I already said that was wrong. But that same cop also arrested him for DUI. You're acting like the cop just let him go. He didn't. He arrested him and allowed him to be released on a promise to appear.

CruiserTwelve: But that same cop also arrested him for DUI. You're acting like the cop just let him go. He didn't. He arrested him and allowed him to be released on a promise to appear.

And failed to submit the Officer to any BAC test, while a civilian would have had his blood forcibly drawn.

This pretty much guarantees your colleague's charges will be dismissed for lack of evidence.

fnordfocus: A civilian is arrested, loses his job, faces criminal charges, and goes to prison when convicted. That's when because over 3/4 of all criminal trials end in conviction.

Nobody goes to prison for DUI, and it's extremely unlikely that a person gets any jail time at all for a first time DUI. Fines, court costs and alcohol classes are the norm.

An Officer gets a ride home, full pay during the investigation, faces "administrative" charges and might lose his job if they are upheld. Only when the internal investigation is complete, and if he isn't exonerated, does he face a tiny chance of criminal charges.

He's already been charged with DUI and he has to appear in court. That's what the "promise to appear" is all about. The internal administrative charges are above and beyond whatever happens in court. So he'll most likely get the usual penaltiy for a first offense DUI, and on top of that he'll likely be terminated.

Tell me again that y'all aren't getting special treatment.

I'm not getting any speacial treatment at all. I've never been arrested for DUI.

fnordfocus: And failed to submit the Officer to any BAC test, while a civilian would have had his blood forcibly drawn.

Not true. In some jurisdictions ( very few that I know of) a cop may seek a search warrant to forcibly draw blood, but that's rare. I don't know what the law is in Florida, but in the state wher I'm a cop a refusal to submit to a bloor or breath test is admissable in court as evidence. In addition, a refusal usually results in some type of administartive license revocation.

Some of the easiest DUI convictions I've ever seen were refusal cases. Juries are human, and human nature dictates that the only reason one would refuse to submit to testing is because the person is trying to conceal his intoxication. Refusal is almost always a bad choice when arrested for DUI.

This pretty much guarantees your colleague's charges will be dismissed for lack of evidence.

Au Contraire. If that were true, everybody would refuse to take any tests.

By the way, he's not my colleague. I don't work anywhere near his department.

CruiserTwelve: fnordfocus: Tell me again that y'all aren't getting special treatment.

I'm not getting any speacial treatment at all. I've never been arrested for DUI.

"You" is plural in English. "Y'all" is even more plural, referring in this case to the entire brotherhood of law enforcement officers in general.

First off, Florida specifies up to six months of jail time for a first offense, plus an additional year of probation.

Let me give you another example. A civilian refusing a BAC test would immediately lose his or her license, and therefore generally lose their job, if they didn't already get fired for missing a day while in jail or because the arresting officer told their employer to fire the subject.

Is a Police Officer required to have a valid driver's license for work? If so, why wasn't he fired for not being able to drive at work? More special treatment, like how you guys are exempt from Lautenberg's restrictions on carrying firearms after a domestic violence conviction, but soldiers get discharged even though they don't take their weapons home.

Enemabag Jones: Was not handcuffed and booked...instead was allowed to go home after signing a form.
I don't read that as arrested. Do you count that as arrested? Or are you trolling me bro?

Yes. Any time a person is transported to a police station or detention facility for the purpose iof initiating charges, it's an arrest. That's how the SCOTUS defines it. The fact that he was released on a promise to appear as opposed to being required to post bond is irrelevant. Judges release people on their own recognizance all the time. That doesn't negate the arrest.

CruiserTwelve: Not true. In some jurisdictions ( very few that I know of) a cop may seek a search warrant to forcibly draw blood, but that's rare. I don't know what the law is in Florida, but in the state wher I'm a cop a refusal to submit to a bloor or breath test is admissable in court as evidence. In addition, a refusal usually results in some type of administartive license revocation.

A civilian can't refuse a blood test in Florida. At least you don't get to draw the blood yourself on the hood of your car, as is now allowed in several states.

fnordfocus: "You" is plural in English. "Y'all" is even more plural, referring in this case to the entire brotherhood of law enforcement officers in general.

Yeah I know. I was being snarky.

The issue here is not whether he broke a few rules or took a few liberties with his alcohol consumption-- he did. But you can't hold a whole occupation responsible for the behavior of a few sick, perverted individuals. For if you do, then shouldn't we blame the whole criminal justice system? And if the whole criminal justice system is guilty, then isn't this an indictment of our governmental institutions in general? I put it to you, fnordfocus ... isn't this an indictment of our entire American society? Well, you can do what you want to me, but I'm not going to sit here and listen to you badmouth the United States of America! Gentlemen!

First off, Florida specifies up to six months of jail time for a first offense, plus an additional year of probation.

Talk to someone familiar with the court system about mandatory sentences. They never happen.

Let me give you another example. A civilian refusing a BAC test would immediately lose his or her license, and therefore generally lose their job, if they didn't already get fired for missing a day while in jail or because the arresting officer told their employer to fire the subject.

Speaking only for Colorado law, a person refusing a test would receive a notice of revocation and part of that would be a temporary license to allow the person to drive for seven day so he can request a hearing. If he requests a hearing, he gets a temporary permit to allow him to drive until the hearing. Then the hearing officer decides whether he gets revoked.

I've arrested somewhere around 4,000 people for DUI and I've never, ever notified anyone's employer. In fact, in my experience it's rare that anyone gets fired for a first time DUI unless they drive for a living.

Is a Police Officer required to have a valid driver's license for work? If so, why wasn't he fired for not being able to drive at work?

Florida probably has a statute that allows for a temporary permit until a hearing, so he probably still has his license.

like how you guys are exempt from Lautenberg's restrictions on carrying firearms after a domestic violence conviction, but soldiers get discharged even though they don't take their weapons home.

I didn't know that. Every cop I've ever seen arrested for DV was fired. That's very few cops, but nonetheless, they all got fired.

fnordfocus: A civilian can't refuse a blood test in Florida. At least you don't get to draw the blood yourself on the hood of your car, as is now allowed in several states.

That law seems to apply only to certain checkpoint arrests where a judge is present to issue what is basically a verbal search warrant. That doesn't apply to this guy.

Enemabag Jones: I don't know the technical definition of 'arrested', but if I told someone I was taken to a police station without handcuffs, no processing, and signed a form to appear in court later, I don't think most people would call that arrested.

Well, in this case the SCOTUS gets to make the definition, and by their definition the guy was arrested. You may disagree, but I think the SCOTUS trumps your opinion.

Would that happen to someone else found sloppy drunk behind the wheel in traffic half-naked?

You know you are part of the problem.

I would expect any cop arrested for DUI to be treated just like anyone else arrested for DUI. I've already condemned the preferential treatment of this guy. How does this make me "part of the problem?"

CruiserTwelve: zepher: I bet this cop gets a whole week of paid time off to teach him a lesson.

What started this misbelief that cops get paid leave as punishment?

The fact that cops get administrative leave while things like officer-involved shootings are being investigated.

Because we all know that OIS are all just cop-murder and the cops involved never ever ever get any other punishment.

CruiserTwelve: The issue here is not whether he broke a few rules or took a few liberties with his alcohol consumption-- he did. But you can't hold a whole occupation responsible for the behavior of a few sick, perverted individuals. For if you do, then shouldn't we blame the whole criminal justice system? And if the whole criminal justice system is guilty, then isn't this an indictment of our governmental institutions in general? I put it to you, fnordfocus ... isn't this an indictment of our entire American society? Well, you can do what you want to me, but I'm not going to sit here and listen to you badmouth the United States of America! Gentlemen!

First off, is that a threat? If Americans who aren't Law Enforcement Officers aren't allowed to criticize you, then I'd say it's only an indictment of your part of society, not ours. Regardless, as a lowly civilian, it doesn't look like a "few sick, perverted individuals." It seems as if all million of you take care of each other at our expense. I have yet to see any documentable story about a Law Enforcement Officer not getting special treatment for behavior that would put a civilian in jail.

like how you guys are exempt from Lautenberg's restrictions on carrying firearms after a domestic violence conviction, but soldiers get discharged even though they don't take their weapons home.

I didn't know that. Every cop I've ever seen arrested for DV was fired. That's very few cops, but nonetheless, they all got fired.

Apparently, Speller v. Virginia says that Officers can keep carrying while working, but the only references I can find online are Wikipedia and a different case involving rules of evidence. I imagine you could look it up on your MDT during your next break.

Enemabag Jones: /There are civilians and there are LEO's.

sigh... This thread is not a good place to plant your cop-hate flag. The cop got arrested for DUI. Yeah, he got released on his own recognizance where others would have spent the night in jail, but dammit, he got arrested! If the cops had driven him home, this would be a much better example for you. You've got to at least give the arresting officers about 75% credit for at least arresting him. I'll give you points for the personal recognizance thing, but you gotta give me points for the arrest part. Cop points are damn hard to come by on Fark and I gotta get 'em when I can.

fnordfocus: First off, is that a threat? If Americans who aren't Law Enforcement Officers aren't allowed to criticize you, then I'd say it's only an indictment of your part of society, not ours. Regardless, as a lowly civilian, it doesn't look like a "few sick, perverted individuals." It seems as if all million of you take care of each other at our expense. I have yet to see any documentable story about a Law Enforcement Officer not getting special treatment for behavior that would put a civilian in jail.



I read that in this guy's voice. And shame on you for missing the reference.

CruiserTwelve: Enemabag Jones: I don't know the technical definition of 'arrested', but if I told someone I was taken to a police station without handcuffs, no processing, and signed a form to appear in court later, I don't think most people would call that arrested.

Well, in this case the SCOTUS gets to make the definition, and by their definition the guy was arrested. You may disagree, but I think the SCOTUS trumps your opinion.

Would that happen to someone else found sloppy drunk behind the wheel in traffic half-naked?

You know you are part of the problem.

I would expect any cop arrested for DUI to be treated just like anyone else arrested for DUI. I've already condemned the preferential treatment of this guy. How does this make me "part of the problem?"

Because you're a cop, and you didn't immediately call for this guy to be drawn & quartered at dawn today.

By the way, did you Farkers know that ANYBODY can get a Notice to Appear instead of getting arrested if you ask nicely enough? Assuming you have no other priors and are not so drunk/wasted that you have to be taken into protective custody so you don't kill yourself or someone else on the way home, almost anyone can get an NTA if they just ask.

Enemabag Jones: Where have you condemned the preferential treatment of this guy in previous comments. If you did you and I missed it you get a free internet, but I don't see it?

Well crap, I thought I did. At least in my mind I did.

So let me say this: The guy should not have received preferential treatment of any kind. The arresting officer was dead wrong in doing that.

Gyrfalcon: Because we all know that OIS are all just cop-murder and the cops involved never ever ever get any other punishment.

You jealous?