Officer drives drunk principal home; no charges filed...

[virgo]

From the Indianapolis Star (http://www.indystar.com/apps/pbcs.dll/article?AID=/20071229/LOCAL/712290461/-1/LOCAL17)

Apparently, the principal leaves a holiday party at the school district superintendent's house and is stopped on suspicion of drunk driving. The officer conducts several sobriety tests, in which the principal fails. The principal registers 0.18 on a portable breath test. The Officer calls his supervisor to ask what he should do. Supervisor tells officer to use his discretion. So the officer drives the principal home. There was no arrest and no police report of the incident. The incident gets leaked to the media and everyone is furious to hear about what happened. An investigation has been opened.

I'm curious. What do you think about this whole situation?

[virgo]

this is from the story:

Charges may yet be filed in the case of Fishers High School Principal Scott Syverson, who a week ago was stopped and then driven home by a Fishers police officer, even though police said Syverson failed roadside sobriety tests.

Hamilton County Prosecutor Sonia Leerkamp said Friday that she could complete her investigation by the end of next week.

The prosecutor and the Hamilton Southeastern School Board and superintendent initiated investigations after Fishers police revealed Thursday, following inquiries from news media, that the principal was considered to be drunk when a police officer stopped his weaving car just after 1 a.m. Dec. 22 and then drove him safely home.

There was no arrest and no police report of the incident.

[IGID]

Once again, ANY misdemeanor, except domestic violence, is the Officers discretion on how he wants to handle it. He got a drunk driver off the road. End of story.

[virgo]

Once again, ANY misdemeanor, except domestic violence, is the Officers discretion on how he wants to handle it. He got a drunk driver off the road. End of story.

I agree and am happy he got the drunk driver off the road. But doesn't this kind of show you that you can break the law, get caught, but still suffer no consequences? And he's a high school principal, after all. If you click on the article, you can read some comments the newspaper got from students at the school.

[Conveyor Belt]

DUI is a misdemeanor? I didn't know that.

I can understand using discretion on a speeding ticket, etc... but for DUI? While I'd appreciate the treatment from an officer, I fully expect the book to be thrown at me should my judgement lapse and one day I'm pulled over for DUI. And I expect anyone who's drunk enough to fail all field tests to be treated the same. That's just a member of the uninformed general public talking here.

[pinkytuscadero]

I think that officer's kid gets all A's for life.

Pinky

[IGID]

DUI is a misdemeanor? I didn't know that.

I can understand using discretion on a speeding ticket, etc... but for DUI? While I'd appreciate the treatment from an officer, I fully expect the book to be thrown at me should my judgement lapse and one day I'm pulled over for DUI. And I expect anyone who's drunk enough to fail all field tests to be treated the same. That's just a member of the uninformed general public talking here.A 3rd DUI is a felony.

[IGID]

From the Indianapolis Star (http://www.indystar.com/apps/pbcs.dll/article?AID=/20071229/LOCAL/712290461/-1/LOCAL17)

Apparently, the principal leaves a holiday party at the school district superintendent's house and is stopped on suspicion of drunk driving. The officer conducts several sobriety tests, in which the principal fails. The principal registers 0.18 on a portable breath test. The Officer calls his supervisor to ask what he should do. Supervisor tells officer to use his discretion. So the officer drives the principal home. There was no arrest and no police report of the incident. The incident gets leaked to the media and everyone is furious to hear about what happened. An investigation has been opened.

I'm curious. What do you think about this whole situation?The first mistake was calling somebody and asking what he should do when he knew it was his discretion no matter what. The second mistake was letting it leak out and letting the media find out about it.

[Conveyor Belt]

A 3rd DUI is a felony.

So, theoretically, 3 different officers could give this guy a break 3 different times... can you see where the general public could have a problem with this?

I could play what if's all day, but I'm not going to.

How did the officer know that he wasn't the 3rd officer giving the guy a break?

[aaron]

I'm sure this happens in Hollywood every single night. DUI really shouldn't be up to the officer. The minimum penalty to me should be a night in jail with nothing put on your record.

[virgo]

The first mistake was calling somebody and asking what he should do when he knew it was his discretion no matter what. The second mistake was letting it leak out and letting the media find out about it.

Secrets always leak out. It may have taken 10 minutes or 25 years, but somehow it would have leaked out. Things always do.

[mac]

I was treated very leniently by an officer once under similar circumstances, and he didn't know me or have any reason to think I was anyone other than a stupid girl driving home from a bar. I was less than a mile from my house when he pulled me over, and he decided to just let me go home. I think his shift was about to end or something-- I don't know. Maybe it was just the grace of God. Whatever it was, I'm grateful for it, and I haven't made that same mistake again since then.

[virgo]

Ya'll should check out the video from that link. It's in the grey box next to the article.

It's kind of funny. (Although drunk driving is most definately not funny).

Officer: Count backwards from 103 t0 78...

Principal: 103, 102,101,100,....91, 91, 90, 89, 88, 87, 86, 86,85 85, 84, 83....

[virgo]

Officer: Did you not know you were bouncing off the curbs back there?"

Principal: No.

---------

The principal kept asking why the officer could not just follow him home. The officer is like, "you are two times over the legal limit. I cannot let you drive this vehicle anymore tonight."

[virgo]

The officer was actually very nice to the principal. Not surprisingly, the principal was extremely drunk. The officer kept telling him that he had two options.....he would drive him home and then bring his wife back to get the car or he was going to jail. The principal kept arguing saying he didn't want to tell his wife. LOL.

[Conveyor Belt]

Can some of the officers out there speculate, either in public or in a PM to me the percentage of DUI's you don't jail? Is it one in five, one in ten, lower, higher?

[virgo]

I just hope that if an officer uses his or her discretion not to jail a drunk driver that they do what this officer did and not allow them to drive themself home, even if it is less than a mile (like the principal kept saying).

[58ford]

I AM OUTRAGED!!!!!!
That officer blatantly littered when he popped the mouthpiece off the breathalizer he just threw it on the ground. The sheer affront to the keep America beautiful campaign is unconscionable. For shame, for shame. JK

That guy is so luck, he's getting off with a little embarrassment.

[Dixie Tree Slayer]

So, theoretically, 3 different officers could give this guy a break 3 different times... can you see where the general public could have a problem with this?

I could play what if's all day, but I'm not going to.

How did the officer know that he wasn't the 3rd officer giving the guy a break?
No it is the third conviction in a court of law that the 3rd DUI takes effect... And even then it is up to the prosecuting attorney and the defendant's representative... I have a friend who had his third and he went before the judge and his court appointed attorney and the ada had a deal worked out... The judge came in and asked and they proceded to explain what was done and he got mad and threw a fit... He first cussed his attorney then he cussed the ADA and when he turned to the judge to tell him where he could go the judge banged his gavel and said 10 years....
he served seven of them...

But back to the three it is the third DUI that becomes a felony... Providing the prosecutor does his homework and finds out he/she has had others...
Me? I would try to make friends with the principal and next time I got pulled over I would tell them to please call my friend principal Lush to meet me at the cell so he could throw my bail... Upon hearing this the officer would then allow you tro walk home if need be!!!:laugh::laugh:

[IGID]

I just hope that if an officer uses his or her discretion not to jail a drunk driver that they do what this officer did and not allow them to drive themself home, even if it is less than a mile (like the principal kept saying).
No matter what you do or how you handle it, you NEVER let someone that you know is impaired drive away. You call someone, take them home, make them walk, or take them to jail. If they wreck and kill someone after you stopped them and let them go, you and your department are liable.

[mac]

I bet the cop is married to a teacher and understood why this guy might have a tendency to indulge in alcohol.

[Scarlett O'Hara]

Or maybe he had to sub in a classroom on the day in question.........