Copy and Paste url > http://www.netscape.com/viewstory/2007/02/03/off-duty-nypd-cop-charged-with-dwi/?

Question

This is an article I found (while searching online for DWI intervention and prevention) about an NYPD off duty cop drinking and driving and causing a head on collision with another car leaving the other driver in critical condition. Now to me it seems as though our justice system is full of crap b/c they seem to have just slapped this cop on the hand and let him fly off with barely anything to reflect on. What are your thoughts on this kind of case? Why is it that either if you're a cop, in the military or if your work title has something to do with authority you get off easy on crimes you've committed whereas if a regular citizen out there committed the exact same crime he/she would've had to wreap what they'd sewed, afterall this is a serious criminal offense isn't it especially b/c someone else is in the hospital fighting for his life.

Answer 1

You bring up a good point. First, I read the story, then I googled Duggan's name. I read some of those related articles and this is what I have come up with.

1. Duggan refused sobriety tests, thereby being charged with dui/dwi
2. Duggan suffered an ankle and head inury therefore his balance and speech could have been effected. These injuries would have been taken into consideration regardless of Duggan's profession.
3. Duggan's breath smelled of alcohol. It probably did. That does not mean intoxication or impairment which is a requirement for charging with dui/dwi (without a refusal)
4. Judge refused to give search warrant for blood. Not enough probable cause to do so. Same thing would have happened regardless of occupation

Now for the biggie. BECAUSE HE IS A COP he is seriving a 30 day suspension WITHOUT PAY!!! And he still has not been CONVICTED of a crime!!! So answer me this, how is it fair that he is being punished for a crime he has not been convicted of? If it were you, you'd be back to work on monday and could sue your employer if they suspended you without pay for a crime you have not been convicted of!

Another thing, have you read the police report?? I doubt it. Does the police report indicate that intoxication was a factor in the crash? It matters, a lot. Especially when charging someone in court. Consider this. You could be legally intoxicated and able to drive absolutely fine. As you are going home from the bar, a sober person blows a stop sign because his blue tooth fell out, and t-bones your car. Who is really at fault in the crash? The sober driver is. Yes the drunk will be processed but not charged with the crash.

Pull your head out and think about more than a sensationalized headline.

Answer 2

After reading the article, I think the investigating officers should be charged with misconduct.

Until you start holding the police responsible for the cover-ups, they won't stop doing it.