124 replies to this topic

[Malamute]

Yes, you could get hired, as long as the misdemeanor DUI was OFF-DUTY.

and I have some swamp land in AZ I could sell to you.

[irish1]

I agree with you, I think law officers should be held to a different standard. If they are going into the profession of handing out tickets to those that violate laws like drunk driving, they of all people should no better than to do the same. Same goes for judges, District attorneys, etc. anyone working in law enforcement I think should get 2X punishment for violating the same crimes their job is to fight. It's like the ultimate in hypocrisy. OK, thinking about it, it's in second place. The ultimate in hypocrisy is Catholic Priests sexually molesting children.

Whoa... second only to predatory 'child molesters,' who hide behind the cloth...!! I'm gonna have to throw the ridiculous card out there... for obvious reasons. I do, however, know what your reaching for, and the point that you make. And I do concur, for the most part.

In regards to receiving 2x the punishment, I would like to point out that when cops blunder in similar instances as this one being tossed around, they do get the 2x punishment you call for, and because of the very nature of their job, add 1x to the equation. That makes 3x the punishment.... 1) The very fact that they are a cop, and through their own actions, or lack of, when they are arrested for violating the law, they are put in the news to be ridiculed by the public, and humiliated to boot... (picture and all, which I believe to be crazy.) 2) The officer, no different than anyone else in the same situation, will now have to face the court of the people and answer for the alledged violations. 3) The officer will also have to face investigation and discipline, from the police dept. he/ she is employed. I would think that taking all that under consideration, that'd be a whole lotta glute grinding... in my opinion. Wouldn't you think?

[jafount]

Your quote from the thread about the kid killed by Folsom PD:

Awful lot of douchebaggery here. Actually, officers are trained to respond with the next higher level of force within the escalation of force continuum. You resist, I go hands on or pepper spray or taser. You raise your fists in a fighting stance, I go to the stick and break your hands. You brandish a knife, I go to the gun. (snip).........

Again...can you please post the link to the post where I "called everyone a douchebag"?

How is it that no one showed this type of compassion for the woman arrested in February 2009 for a felony DUI with a .15 not a .19 alcohol level - no battery, only a very minor injury, who worked for the school district, was taken to jail, had to post bond - not driven home home to his family. Where is the equality? Are some of us more privileged than others?

Felony=shall take. Discretion is removed.

[Inwit]

Whoa... second only to predatory 'child molesters,' who hide behind the cloth...!! I'm gonna have to throw the ridiculous card out there... for obvious reasons. I do, however, know what your reaching for, and the point that you make. And I do concur, for the most part.

I didn't say second in crime aspect, I said 2nd in hypocrisy. to me that isn't a ridiculous statement.

A priest is supposed to do god's work, child molesting is anything but god's work.

A policeman is supposed to enforce the laws, not break them.

[mylo]

Again...can you please post the link to the post where I "called everyone a douchebag"?



Felony=shall take. Discretion is removed.

What makes it felony? I thought BAC had a limit that made it felony. In this case, wouldn't .19 make that still apply? I know there are other factors (running over somebody), but I don't know all the limits that make it a felony or not.

A priest is supposed to do god's work, child molesting is anything but god's work.

Are you saying that non-papal child molesters are okay? Or in some way "not as bad?"

[Inwit]

What makes it felony? I thought BAC had a limit that made it felony. In this case, wouldn't .19 make that still apply? I know there are other factors (running over somebody), but I don't know all the limits that make it a felony or not.


Are you saying that non-papal child molesters are okay? Or in some way "not as bad?"

NO, they just aren't being hypocritical by having a profession that is antithetical to their actions. Well , unless they work for CPS, then they would be just as hypocritical.

[Clay]

As regards to being charged with a felony, the arresting officer makes that decision, as in the case of the woman with a blood alcohol level of .15. Ten officers respond to the scene, and they threw the book at her, even though the injury was very minor. It is the District Attorney that actually decides if should be felony or misdemeanor. In this case, it was decide as a misdemeanor. Alcohol levels determine the amount of bond to be posted, DMV classes to attend, and how many hours of work projects assigned. Blood alcohol levels do not determine the status of felony or misdemeanor, as I understand it. It is the resulting injury or damage caused by the DUI. Injury can be as little as a bruise, a trip or a headache.

[old soldier]

I would think the penalty at work would depend on lots of things, was this here the first time he got in trouble or was this acting out part of a pattern

he will get the standard deal with the law folks, with fines and training and work projects but whether he is a policeperson who made a mistake or one that should be tossed.

he might have had a fight with a wife/girlfrind/boyfriend that set him off that evening. he might be worth saving with some punishment. he would certainly have some almost pity for a person at one of those dui checkpoints that was just on the line of an offense.

policemen should be nice to civilians whether they are drunk or not and the fact that guy was so mad he wanted to make a citizens arrest makes it sound like it was a flail. on the other hand the guy who complained might have been a bully.

thats what the investigators on my folsom have to smoke out of the story cause in general once a topic gets going the whole story comes out

[Inwit]

I think there is another factor cops use indetermining if they cite & release or take you to the pokey. How much suffering they want you to have. They might not get to decide the final outcome, but for overnight jail or not, they get to be judge, jury, & executioner. It might not be fair, but it's the way it is.

[EDH Jen]

As regards to being charged with a felony, the arresting officer makes that decision, as in the case of the woman with a blood alcohol level of .15. Ten officers respond to the scene, and they threw the book at her, even though the injury was very minor. It is the District Attorney that actually decides if should be felony or misdemeanor. In this case, it was decide as a misdemeanor. Alcohol levels determine the amount of bond to be posted, DMV classes to attend, and how many hours of work projects assigned. Blood alcohol levels do not determine the status of felony or misdemeanor, as I understand it. It is the resulting injury or damage caused by the DUI. Injury can be as little as a bruise, a trip or a headache.

Thanks for the info - I was curious how that all worked. Can I assume the (El Dorado County) DA will make the felony/misdemeanor judgement if someone gets a second DUI while on probation for the first? Just curious.

[mylo]

I think there is another factor cops use indetermining if they cite & release or take you to the pokey. How much suffering they want you to have. They might not get to decide the final outcome, but for overnight jail or not, they get to be judge, jury, & executioner. It might not be fair, but it's the way it is.

Yeah, but they have to do more paperwork and justify the expense to their boss, so it's also in their best interest NOT to do it.

[Inwit]

Yeah, but they have to do more paperwork and justify the expense to their boss, so it's also in their best interest NOT to do it.

I don't think it's that hard to justify "Captain, I couldn't reach a responsible adult for me to release him to"

[irish1]

Thanks for the info - I was curious how that all worked. Can I assume the (El Dorado County) DA will make the felony/misdemeanor judgement if someone gets a second DUI while on probation for the first? Just curious.

A felony dui is only charged under the following two criteria.... A dui crash involving an injury to a human, other than the dui driver. The injury must be a visible injury, seen with the eye, OR, an injury which can be articulated.... ie; swollen joint(s), swelling to a location on the body, lethargy etc.

The second situation in which a dui is charged as felony, is when the dui driver is stopped - found to be dui - and upon arrest, it is discovered that the arrestee has 3 prior dui's, and all three priors resulted in convictions.... then the fourth dui can be charged felony at that point.

BTW.... a headache, or just the mere tripping (?), will not qualify in charging a dui as a felony. Hope that helps.

[curiousity]

Thanks for the info - I was curious how that all worked. Can I assume the (El Dorado County) DA will make the felony/misdemeanor judgement if someone gets a second DUI while on probation for the first? Just curious.

Close, but not in this case. Folsom is in Sacramento County, so the ED county DA won't be involved.