The drink/driving cop

**Lou Girardin** · 7th August 2006, 14:34

Apart from the dead drivers offences, what others are you referring too?

**k14** · 7th August 2006, 14:51

Don't have enough time to read the whole thread. But the problem I have with this case is the legal precedent that it would set by finding him not guilty. If he's found not guilty then this could just be the tip of the iceberg.

What happens if in 6 months time the same situation arises again. Cept this time the cop kills someone on the way to the crash? I doubt there would be anyone saying let him go free this time.

**Lou Girardin** · 7th August 2006, 14:58

Originally Posted by k14

Don't have enough time to read the whole thread. But the problem I have with this case is the legal precedent that it would set by finding him not guilty. If he's found not guilty then this could just be the tip of the iceberg.

What happens if in 6 months time the same situation arises again. Cept this time the cop kills someone on the way to the crash? I doubt there would be anyone saying let him go free this time.

That would be a different charge then. Discharge without conviction doesn't set a precedent in the legal sense.

**Hitcher** · 7th August 2006, 15:04

Originally Posted by Lou Girardin

Apart from the dead drivers offences, what others are you referring too?

This cop let his best mate drive while pissed. While not technically a "crime", it is something he had power to prevent.

**Patrick** · 7th August 2006, 15:39

Mokau is 55 mins north of New Plymouth. No first response there, nearest oxygen bottles are at Tongaporutu, 15 minutes away. Cop is sole charge, there is no other. He went and saved a life, has oxygen on board and with the help of the volunteer brigades and medicos who arrived, did a fine job. If he didn't go, what then????

Damned if he did or did not.

There WERE people pointing out that he had been drinking to one of the other cops who attended. If HE did something or not... damned if HE did or didn't... again...(regardless of wether he was HP or whatever).

The woman killed was the innocent party. Her husband was hospitalised, sober god faring folk on thier side of the road who did nothing wrong. The other was drinking at the cops place, a recidivist drink driver at that... wait and see what his level was folks...

Let the courts decide the outcome and result. Not the uninformed on here.....

**muzz** · 7th August 2006, 16:17

My 2 c
Sole charge cop has all the emergency equipment 2 k's from site of fatal crash.
Driving while under the influence.
Secured site saved a life.
If I was the Judge then : D.I.C. Guilty , Convicted and discharged with suspended sentence.
If I was his boss : Reprimand and written warning.

Have to agree with you Patrick he was damed if he did or did not.

**Lou Girardin** · 7th August 2006, 16:29

Originally Posted by Hitcher

This cop let his best mate drive while pissed. While not technically a "crime", it is something he had power to prevent.

Now you're getting into the area of when do you stop being a cop. Do you sacrifice your entire life to the force and live with no mates?
What about group rides when, as a cop, you see dangerous riding?
Dob people in?
This has to be one of the biggest problems as a small town cop.
As far as I was concerned, I went near deaf and blind when out of uniform. Lost my sense of smell too.

**Scouse** · 7th August 2006, 16:44

Originally Posted by Winston001

A common misconception. In fact the longer the time between the last drink, and the test, the higher the level. Subject to amount consumed and enough time - say 6 hours.

The human body can only process a certain mg/hour of alcohol. The excess just sits around turning you brain to mush. So after you stop drinking, your blood-alcohol (and breath) concentration continues to climb. The result is you'll have a higher level 2 hours later than at the moment of your last drink.

Ask any cop - they catch plenty of people at 8 - 9 am still pickled from last night.

Bollox blow into an evidential breath test after sluging back a strait spirit and see what happens it is different for a blood test but breath tests can over read because of risidual mouth alcohol

**scumdog** · 7th August 2006, 16:56

Originally Posted by zrxer

Bollox blow into an evidential breath test after sluging back a strait spirit and see what happens it is different for a blood test but breath tests can over read because of risidual mouth alcohol

Bollox.
There has to be a 20 minute delay after the last drink before the Evidential Breath Test - that time delay would negate any residual alcohol from the subjects mouth.

I have seen ONE blood test come back looking better for the subject (and not by much) compared to the breath test AND it was still well over the limit.

Lawyers won't let us advise their clients but the only hope with a blood test is that the sample gets hi-jacked by aliens or something.

OR if you had a REALLY low breath count and genuinely had bugger all to drink then it may be worth a shot.

But remember, if you lose - you pay (analyst and medical fees of about $240 or more depending on where you are)

**Lou Girardin** · 7th August 2006, 17:03

Originally Posted by scumdog

Bollox.
There has to be a 20 minute delay after the last drink before the Evidential Breath Test -)

How does the cop know that?

**Scouse** · 7th August 2006, 17:07

Originally Posted by scumdog

Bollox.
There has to be a 20 minute delay after the last drink before the Evidential Breath Test - that time delay would negate any residual alcohol from the subjects mouth.

I have seen ONE blood test come back looking better for the subject (and not by much) compared to the breath test AND it was still well over the limit.

Lawyers won't let us advise their clients but the only hope with a blood test is that the sample gets hi-jacked by aliens or something.

OR if you had a REALLY low breath count and genuinely had bugger all to drink then it may be worth a shot.

But remember, if you lose - you pay (analyst and medical fees of about $240 or more depending on where you are)

So its not realy Bollox you've just admited that there is a residual mouth alcohol problem that needs a 20 minute delay

**scumdog** · 7th August 2006, 17:08

Originally Posted by Lou Girardin

How does the cop know that?

Figures the car is only 10 minutes from the station and drives around for another 10 minutes before going to the station??????? Sheesh.

**Lou Girardin** · 7th August 2006, 17:12

I was thinking of booze buses. Do they engage in small talk for 20 mins?

**scumdog** · 7th August 2006, 17:19

Originally Posted by Lou Girardin

I was thinking of booze buses. Do they engage in small talk for 20 mins?

I guess (since you wouldn't want an artificially high reading) a sensible person would *not lie about how far back they had their last drink.

If it was THAT recently you would give 'em time.

*But then we're talking about alcohol enhanced minds here.