The DUI Double Standard

Posted by Lawrence Taylor on November 13th, 2008

So what happens when a cop stops a driver for DUI — and the driver’s a cop? 


Deputy, Officer Argue Over DUI Stop

Ponce cop heard trying to help county sergeant

Ponce Inlet, FL.  Nov. 8  –   A Ponce Inlet police officer who pulled over an off-duty Volusia County sheriff’s deputy on suspicion of drunken driving last weekend was apparently trying to help his fellow law enforcement officer, an audiotape of the traffic stop reveals.

"(Sheriff’s) Sgt. Greg Miles is going to come and get you," Officer Chris Selander is heard saying on the tape he made early Sunday morning. "I’m not going to arrest you. You can relax. You know you’ve been drinking probably a little too much. I saw the alcohol in the car. I can smell it."

A short while later on the 45-minute tape, Selander goes on to say, "You’re a sergeant now. You get to keep your job, and that’s your career."

But the deputy, Sgt. Kenneth Vickery, still seemed intent on arguing he hadn’t done anything wrong and repeatedly raised Selander’s ire as the pair stood in the 4300 block of South Atlantic Avenue. Vickery, who works in the sheriff’s training division, insisted he hadn’t crossed any lines on the road, hadn’t swerved and wasn’t speeding.

"You ran off the road, and, now, you’re basically calling me a liar," said Selander, a patrol officer. "I didn’t have to do any of this. You could be sitting in that jail right now. You still can."…

The conversation continued to switch from calm to arguing.

At one heated moment, Selander said, "You’ll be lucky if you have a job after this. Now, sign the ticket, keep your mouth shut and go home."

At another angry moment Selander said, "I think you want to go to jail. I’m tired of your attitude. . . . You don’t even act like a police officer. You don’t even act like a sergeant."…

When all was said and done, Vickery was cited only for an improper lane change.


If it were you driving that car, you’d be facing drunk driving charges — and resisting arrest…after you were released from the hospital.

 

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  • http://www.raw420.com RichardAlan

    After reading this I felt really stupid, like I was “Dumbed Down” by some imaginary force…..

    Hey everyone, guess what? My truck is being repossessed, I have not worked since April 3 2008, nor have I paid my creditors in the last 5 months…..Of course it gets better right? Well my credit is now ruined and at 43 I can not retire.

    All because of a traffic stop???

    This whole dui make believe routine stinks to high heaven and everyone knows it…..

  • David W

    Unbelievable,

    The officer is going to let him off and the Sarg still wants to argue about the stop? One can read very well into the mindset of this individual. He should have been arrested.

    This guy has “It’s do as I say, not as I do mentality” A bad trait if your tasked with being a public servant.

    Just my opinion.

  • Eagle4Justice

    Thanks for shinning the light on this law enforcement problem. The underlying issue which Richard identifies (whether DUI penalties which destroy lives are appropriate?) may be even more important. At the Utah Justice Foundation we seek Justice for ALL, and thank the DUI Blog for its contibution!

  • koivisto

    This happens all the time. They feel they are on the same “team” and look out for one another usually. What is wrong is the stigma of DUI and the presumed guilt before innocent mind set. RichardAlan knows this only too well. MADD gets angry when people use all of the law to their advantage. Richard, have you explored all of your options? Can you restart at 43? Many of the most successful people gained and lost fortunes before hitting the top.

  • http://www.raw420.com RichardAlan

    Yes,
    I’m gonna try…

    This is for all the lurkers here, all ofyou judges, prosecutors, police, and MADD fanatics… “SHAME ON ALL OF YOU”

    What happened to me and many others, was tyranny and Fraud by the California Highway Patrol… the very act of pulling up behind somebody with your high beams on and tailgating in an extremely unsafe manner for over a half of a mile before the reds and blues are turned on, is in of itself an act of road rage, by a “public servant” against a private citizen…. the whole case and charges against me is based on Fraud by the Government designed to separate me from my money and my freedom.

    MY CASE WAS DISMISSED. I’m perplexed by the whole experience… although I’m a great American Patriot… for the first time in my life I don’t truly feel like living here anymore.

    After all based on the “observation” of a CHP officer and no evidence or probable cause, and a missing lost or stolen CHP dash cam video, I still lost my Class A license for one year.

    I should have never of been chased down and stopped for simply driving my vehicle on a US highway at 2:30 in the morning.

    I drove the mobile television tractor trailer all over the Country at 2:30 in the morning and was never chased down with high beams, tailgated and stopped….

    It makes perfect sense why my CHP video was lost, destroyed or damaged…. Fantasy Make believe and the tape would have proven that to the public and everyone over at MADD

  • http://www.laduidefenseteam.com joe

    Is this a surprise? Of course the officers took care of each other. What’s shameful is that this will have no bearing on future prosecutions. No one is saying drunk drivers should be penalized, just that the process should be just, transparent and fair.

  • http://www.raw420.com RichardAlan

    In my case there was nothing just, transparent or fair about the High Beam, unsafe Tailgate for over a half of mile routine!!! Which shows evidence of “No Probably Cause”

    Oh but of course the CHP video was lost (?)

    When my case was dismissed in court this past April as ordered by the Judge and the courts to a lesser plea, the DMV ignored the dismissal and reported on my DMV report in April of 2008 that I had in fact been convicted of a 12352 A per the California vehicle code, and the court.

    Now I have friends and family in law enforcement. They were all perplexed by this Unfair, Unjust, “fantasy make believe routine” by the DMV, court clerk etc.

    I received a phone call from an associate Transportation executive telling me that he just viewed my DMV print out in June of 2008, 60 days after my case was dismissed, my associate informed me of this tyranny now by the DMV (?) Courts(?) who (?).

    I immediately contacted my lawyers with a copy of this “UnLawful, Disingenuous, and Less than truthful” DMV print out.

    This information was public for 60 days and only until It was discovered then it was corrected.

    I threatened a huge Lawsuit against the DMV and the courts. A “Minute order” was prepared immediately, a “Nunc pro Tunc” meaning “Now for Then”

    What was so astonishing is that this was claimed to have been an “alleged” mistake by the court clerk typing in this info.

    I disagreed with this “alleged mistake routine”, arguing that there is a huge difference in the actual words “Dismissed” and the word “Conviction’ one starts with a “D” the other with a “C” and comes nowhere close to being similar or a mistake, that the DMV and the Clerk blatantly ignored the findings of the Judges and court order in my case.

    And with that if I were the Judge in this case I would have been livid at the Clerk and the DMV for completely disregarding my findings in this case and ultimately reporting false information which seriously negatively affects a private citizen who was not convicted of this alleged crime, in fact it was the exact opposite of the judges ruling.

    After experiencing this there is no “Just, or Transparent” and the only “Fair” is in Pomona at the Pomona County Fair every year here in California!

    In closing, there are great Judges, Prosecutors, Police and the like, but not based on my experience, not one ounce of it…

    So again, and you know who you are, Shame on all of you Judges, Prosecutors, police officers, public servants, Madd advocates, Fanatics and DMV officials for your Fraudulent crimes you commit daily the ones you are sworn to uphold and protect us private citizens from……

    It’s our Sovereignty, It’s our Bill of Rights
    It’s our Constitution.

    These are based on the “Rule of Law” this is good.

    This “In the name of DUI routine” is based on the “color of Law, By Laws, and Statutes”

    This is Tyranny, it’s not good, and all of us are not happy with any of it.

    My DMV print out was corrected to the ruling of the judge as it was originally ordered. For 60 days according to this false “fantasy Make Believe” by the court clerk and DMV, I had a DUI conviction from April, 23 2008 to June, 24 2008.

    Where is the Fair again?

  • melee401

    Oh yes
    I know a cop who ran down a kiosk at a McDonalds here in rockville MD and never even got pulled over.
    Definetly a different standard for polics officers who drink and drive.
    then there is that cop in CA who lied and persecuted numerous DUI defendents. He was a MADD darling, and as we all know nothing gets you ahead quicker in life then catering to a mother who is not healthy enough to over come catastrophy by condemning those who had nothing to do with the death of a child.
    Yup
    We are becomming a very mean society and at present using alcohol consumption to imprison those who were not even driving.
    Stay tuned because it is only going to get worse. As our society wrecks more and more lives.
    This is not about driving under the influence, this is about being CAUGHT under the influence driving or not.

  • melee401

    And oh yes
    The cops are no longer our friends nor the judges or persecutors.
    It is about putting as many of us away and wrecking as many lives as possible in order that the few can beaome intoxicated with the power they wield over the lives of others.
    they do this because they themselves feel as though they have little or no power over their own life. Therefore they seek to unreasonable control a life they have business touching in the first place.