Drunk driver cop gets off on technicality

[KiWiP]

NZ Herald article

I am absolutely livid that this guy has got off. The arresting officers did their bit but made a slip up in the provision of 10minute quiet time. No one, including offender denies he was over the limit. Despite this he suffers no legal consequences. I only hope the internal police board he has to face kick him out of the force.

Cars don't kill people. The drunks who drive them do...

[Winston001]

Crown Law don't like bad precedents such as this so it might be appealed. Apart from that I don't give much for his future career chances.

[TOTO]

He is fucked any way. Good, we settled it then.

Now to move on. Whats the penalty for assaulting a police officer ?

[Virago]

...Now to move on. Whats the penalty for assaulting a police officer ?

Usually falling down the stairs. Repeatedly...

[Blackshear]

Usually falling down the stairs. Repeatedly...

I almost fell down the stairs just by WATCHING a cop tackle some random in the city.

[TOTO]

Usually falling down the stairs. Repeatedly...

better have all your gear and a back protector. What do you think is a better protection against falling down the stairs - Qmoto or 1Tonne ?

[Blackshear]

better have all your gear and a back protector. What do you think is a better protection against falling down the stairs - Qmoto or 1Tonne ?

I smell shit stirring.

I might be getting a a new one myself. So, any suggestions?

[marty]

Crown Law don't like bad precedents such as this so it might be appealed. Apart from that I don't give much for his future career chances.

it's not a precedent. was only district court. this kind of 'get off on a technicality' happens every day in a court near you. i'd be surprised if anyone on here, on being told by their lawyer that there was the chance they might get off, wouldn't try the same thing if it meant avoiding a conviction?

having been in this very position, i squarley blame the cops that should have known better when they processed him.

[TOTO]

I smell shit stirring.

I might be getting a a new one myself. So, any suggestions?

why would you need gear, its not like you gonna crash

[\m/]

I wonder how long before this law gets changed to remove the loophole.

better have all your gear and a back protector. What do you think is a better protection against falling down the stairs - Qmoto or 1Tonne ?

Dainese.

[idb]

Good grief, every job has its perks!
I go home with the odd pen or ream of paper from time to time.

[FJRider]

it's not a precedent. was only district court. this kind of 'get off on a technicality' happens every day in a court near you. i'd be surprised if anyone on here, on being told by their lawyer that there was the chance they might get off, wouldn't try the same thing if it meant avoiding a conviction?

having been in this very position, i squarley blame the cops that should have known better when they processed him.

So it's the cops fault a cop got off the charge ... funny that ...

[Blackshear]

why would you need gear, its not like you gonna crash

That's a low blow, mate.

EDIT: Who keeps telling you this stuff, anyway?

[Winston001]

it's not a precedent. was only district court. this kind of 'get off on a technicality' happens every day in a court near you.

We'll just have to disagree. This decision can be referred to in future District Court cases and the Judge is going to have to find a reason not to follow it. Granted, it isn't binding, but it is persuasive.

And yes, there are a few cases dismissed weekly because the prosecution missed a step or relied on the wrong sub-section of the relevant Act - but in no way is it common. Most defendants get convicted.

[Scouse]

I wonder how long before this law gets changed to remove the loophole.

Its not that a loophole needs closing its more that the officer proccessing the aleged drunk driver needed to tighten up on his following of corect proccedure. a simple restart of the 10 minute period after the phone call would have sorted this out. you can more or less bet good money on the fact that now this has come out into the news that this type of mistake wont happen again.