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Kujo
LA-Lafayette Fan
Member since Dec 2015
4193 posts

Officer lets DWI go, driver hits someone after, what's the charge for the officer?
If a cop lets someone go after stopping them for DWI, and that person hits someone shortly after, is the cop an accessory?

Say he tested the driver and the driver failed. Are there any criminal charges that can be filed or is the a civil action?

If it's criminal, can anyone link a case/news story for something like this.

I've heard bartenders are responsible for DWI of overserved customers, are police different?


NorthshoreTiger76
LSU Fan
New Orleans Pelicans & Saints Fan
Member since May 2009
69662 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
You still fricked baw


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BobLeeDagger
Penn Fan
In Your Head
Member since May 2016
4372 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Is this 1/10000000 hypothetical situation really deserving of it's own thread?


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93
LuckyTiger
Minnesota Fan
Someone's Alter
Member since Dec 2008
14698 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Paid leave for two weeks.


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130
PrivatePublic
Troy Fan
Member since Nov 2012
14037 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
quote:

If it's criminal, can anyone link a case/news story for something like this.


Do you own fricking work.


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East Coast Band
Alabama Fan
Member since Nov 2010
40597 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Judges,who have let a felon go that goes out and kills someone, are never held responsible.
Conservative media will bash the judge, but CNN, etc. will say nothing about the decision of the judges


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Breauxsif
LSU Fan
Member since May 2012
7544 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
2 weeks of paid leave, if said incident happened in BR.


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PCRammer
Alabama Fan
1725 Slough Avenue in Scranton, PA
Member since Jan 2014
742 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Not sure what cops you interact with but that shite ain't happening. If the officer is feeling super generous the best possible case for the perp is being allowed to call a friend or a cab. That cop isn't giving you your keys back until you sleep it off.


Kujo
LA-Lafayette Fan
Member since Dec 2015
4193 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Say it happened, what's the charge?


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OysterPoBoy
LSU Fan
City of St. George
Member since Jul 2013
16511 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
quote:

Say he tested the driver and the driver failed


Then he better not let them drive away.


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10
TigersSEC2010
Mesa, AZ
Member since Jan 2010
31947 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
This actually happened in Baton Rouge within the last few years. If I remember correctly, a BRPD officer stopped a vehicle and questioned the driver about possibly being impaired. The driver somehow talked his/her way out of it and the cop let them go. The driver then drove a few miles down the road and killed someone on Florida Boulevard.

I tried to find the article and cannot find it at the moment.


Kujo
LA-Lafayette Fan
Member since Dec 2015
4193 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Looks like a no.

quote:

The injured pedestrian plaintiff’s suit alleged several claims against the officers and the City, but the case turned on whether the failure to stop the drunk driver was a deprivation of the injured plaintiff’s due process rights. This appears to have been a creative attempt by the plaintiff to recover damages for his injuries, but well-established case law should have foreshadowed the outcome. In particular, the U.S. Supreme Court’s decision in DeShaney v. Winnebago County which held “a State’s failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause.” The District Court set out the test for determining whether an individual could sue as an exception to the general rule in DeShaney. In order to bring a claim under the “state created danger” exception, a plaintiff must show: (1) an affirmative act by the state that either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff wherein the state’s actions placed the plaintiff specifically at risk, as distinguished from a risk that affects the public at large; and (3) the state knew or should have known that its actions specifically endangered the plaintiff. Under this test, it seems fairly clear that a police officer cannot be held responsible for failing to arrest a drunk driver.


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LSUTigerFan247
Member since Jun 2017
1563 posts

re: Officer lets DWI go, driver hits someone after, what's the charge for the officer?
Depends. Whats the race of the drunk and the officer?


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