reply to post by Dogdish
I think I can shed some light on the DUI being dropped (I work in Law Enforcement). There is something alled a lesser included offense. Its there to
prevent people from being charged for the same crime multiple times.
Any type of vehicle accident that results in a death from a DWI/DUI driver becomes complicated. A person was killed, and even though the guy was
drunk, you cannot charge him with DWI and Involuntary Manslaughter / Vehicular manslaughter / 2nd murder (depening on the state you live in).
If they charge him with DWI/DUI, and he takes a deal / pleads guilty to that, the PA cannot charge him for the death. Being intoxicated, driving the
vehicle, and killing someone are the keys elements, and DUI/DWI would be a lesser included offense to a murder charge. You cant charge him with both
(again in most states).
So while things look like a coverup, sometimes they arent. Sometimes the law acts goofy in these cases, but its there for a reason.
A first time DWI offense is usually a fine, classes, and rarely jail time. Its a misdameanor charge (DUI). You dont get to felony DWI until your 3rd
Being it involved an offier of the department, there are generally 2-3 investigations that are done. The initial investigation, which should be handed
off to the State Police or other police entity who dont have a vested intrest in the case. Internal affairs for the department usually will do an
investigation as well, and if its bad enough the FBI can investigate.
The cop had to drop the DUI/DWI to prevent the cop from getting out of a murder charge. Because the crime is now a felony, you dont write them a
ticket. You file a Probable cause statement, detailing the crime and evidence to support the charge.
The PA will review it and decide if the charges fit, or if they need to be modified.
Hope this explains some of it.
[edit on 22-8-2010 by Xcathdra]