The drink/driving cop

[spudchucka]

Once again the courts have placed the Police above the law!!

No, they have recognised the very unique circumstances involved and have made the correct decision.

[The_Dover]

I wonder if the CAA would recognise the same "unique circumstances" if my old man flew a rescue mission pissed?

[sAsLEX]

The outcome of the Police disciplinary hearing will be interesting.

For once, common sense seems to have prevailed

I think sels1 one would have to wait for the Police Disciplinary thing before that statement is true.

[willy_01]

guttered, poor Richard will be upset to think his beloved wife's death has made a hero out of an intoxicated cop that let his 'drunker' mate drive, and kill an innocent motorist, especially when neither of them drunk at all!
For the record I think this decision sucks.

[Drunken Monkey]

Well the verdict certainly sets an interesting legal precedent. How may others use this to their advantage?

[WINJA]

No, they have recognised the very unique circumstances involved and have made the correct decision.

THE LAW IS THE LAW AND THE PIGS CLEARLY THINK THEIR ABOVE THE LAW , DRUNK DRIVING COP GETS OFF , SPEEDING MOTORCADE COPS GET OFF ITS BULLSHIT , WHEN IM DOING 115 KMH DOWN HILL ON A CLEAR DAY IN DRY CONDITIONS THAT ALSO MAYBE SEEN AS A UNIQUE CIRCUMSTANCE SO SURELY I SHOULD GET OFF THAT TICKET , ITS BULLSHIT ONE LAW FOR ALL THAT PIG SHOULD LOSE HIS LICENCE AND GET PD, THIS CUNTRYS LEGAL SYSTEM IS FUCKEN CORUPT , THE PIGS ARE CORUPT AND THE POLITICIANS ARE LIARS AND OF COURSE CORUPT AS WELL

[Lou Girardin]

It sucks.

Once again the courts have placed the Police above the law!!

If it had been any one of you taking a sick family member to a hospital while over the limit you would have got nailed. No excuses!!

C'mon now, compare apples with apples. If you lived in the wops and there was absolutely no alternative to driving slightly over the limit in order to save a life, you would more than likely get a discharge without conviction too.
The cop got the correct result. Infact he should not have been tested in the first place.
I wonder if the rat cop who tested him has any mates left?

[unhingedlizard]

I actually know this guy and am and always have been behind him 100%.

[RT527]

Well seems there is an out for anybody that deems it necessary to break the law, and it was on Talkback today.
Thing is I cant remember what it was that they said.
Seems that if you have a legitimate reason and a smart lawyer, you will get off...Something to do about nescesity(maybe a lawyer could elaborate more).
All i can say is verdict was what I was hoping for.
However I have said and will state again if i as a firefighter get caught speeding/driving drunk/ to the Firestation for a call out , there is no hope for me , put simply Im fucked both ways cause the police will charge me and to top it off I would be kicked out of the Fire service.

[willy_01]

I actually know this guy and am and always have been behind him 100%.

I actually know the lady that was killed thru this mans actions, so we are even (not quite sure what your point is sorry). I’m sure he IS a good guy, but we (the public) get it drummed into us via road safety ad's/campaigns that one bad decision can cost a life, hence the 'no tolerance' enforcement of the law. I take issue more with what happened before the accident but there are conflicting stories and it is very hard to prove, so fair enough only going after a drink driving conviction. However to let the cop off after the constant bombardment we receive from the police and government by being punished ‘to the letter of the law’ is nuts. I have never had any issues with the police, I admire the job they do and I am not one to call them 'pigs'. But through this ordeal I have lost a massive amount of trust, both in the police and the 'justice' system.

[Lou Girardin]

It would be so comforting of life was black and white, like the TV ads say.

[Skyryder]

I can at times be a bit flippant on here but this thread left me more than a little concerned.

There is no question in my mind that the cop made the humane decision. He took a punt knowing that if he had an accident on the way to deliver the oxygen bottle there was no way in hell that he would be let off. I think under the circumstances most of us would have made the same decision. But here is my dilemma. The officer was driving under the influence and over the limit. On this there is no doubt. So in an emergency it is 'lawfull' to drive when drunk. That is how I have interpereted the Judges decision. This is not has Winja says a corruption but it does pose serious ramifications. I strongly suspect that this decision has more to do with the public perception of right and wrong......... than law. That is a worry. It would be a further worry if this decision was not appealed.

Someone made a comment about flying pissed in an emergency, not too sure who it was, and again this was rebutted as the two comparisons are in no way related. My words on this but that was gist of the exchange.

I see no difference between the two. Both vehicle and aircraft have standards of safety for operational purposes. If the operator is unfit to drive or fly that' the law. No ifs and buts on this.

The correct decision in my veiw would have been a guilty verdict and discharged.

Skyryder

[Winston001]

So in an emergency it is 'lawfull' to drive when drunk. That is how I have interpreted the Judges decision.

The correct decision in my view would have been a guilty verdict and discharged.

Skyryder

Good post Skyryder - but No.

The constable was guilty at law. He pleaded guilty. No argument.

The Judge then moves to the penalty phase of sentencing. At that point he can consider any order within his jurisdiction. The significance of sentencing is that this is when a Judge can consider the circumstances of the offence and of the offender.

If those circumstances are sufficently compelling then the Judge can order a discharge without conviction. In essence the law allows mercy in sentencing. Just because you have broken the law doesn't always mean a conviction. Discharges without conviction are unusual but there is probably at least one a day in NZ.

[Winston001]

Well the verdict certainly sets an interesting legal precedent. How may others use this to their advantage?

Not a significant precedent. I recall a woman charged with driving while disqualified - serious offense. However her reason was that she was taking a child's body to the airport to be flown back to Samoa for burial. There weren't any drivers in the distraught family so she did what she thought was the right thing.

The Judge quietly agreed and discharged her.

[scumdog]

THE LAW IS THE LAW AND THE PIGS CLEARLY THINK THEIR ABOVE THE LAW , DRUNK DRIVING COP GETS OFF , SPEEDING MOTORCADE COPS GET OFF ITS BULLSHIT , WHEN IM DOING 115 KMH DOWN HILL ON A CLEAR DAY IN DRY CONDITIONS THAT ALSO MAYBE SEEN AS A UNIQUE CIRCUMSTANCE SO SURELY I SHOULD GET OFF THAT TICKET , ITS BULLSHIT ONE LAW FOR ALL THAT PIG SHOULD LOSE HIS LICENCE AND GET PD, THIS CUNTRYS LEGAL SYSTEM IS FUCKEN CORUPT , THE PIGS ARE CORUPT AND THE POLITICIANS ARE LIARS AND OF COURSE CORUPT AS WELL

Oh, sorry, so it was the PIGS that made the decision to let off the cop that pleade GUILTY to drunk driving, shit, dunno how I never noticed that myself.

Nice troll.