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Officer Clocked at 99 MPH and Smelling of Alcohol Not Ticketed or Checked for Sobriety

Posted on 03/05/2006 12:37:27 PM PST by Mean Daddy

Since you can't post anything from the Des Moines Register, here's a link to the article. Unbelievable!!!

http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20060303/NEWS01/603030387&SearchID=73237551850783


TOPICS: News/Current Events
KEYWORDS: abuseofpower; alcohol; desmoines; donutwatch; doublestandard; drunk; drunkdriving; iowa; lawenforcment; leo; madd; professionalcourtesy; sobrietycheckpoints; sop; warondrugs; zeropointeight
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Would your police department treat you as nice?
1 posted on 03/05/2006 12:37:32 PM PST by Mean Daddy
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To: Mean Daddy

From WHO-TV of Des Moines:

DES MOINES, Iowa The chief of police in Des Moines is questioning a decision to not ticket an officer stopped for speeding.

Last September, drug investigator Stewart Drake was stopped on Interstate 235 in West Des Moines for driving 99 miles-per-hour.

Officer Troy Shelley thought he smelled alcohol, but he didn't test Drake or issue a speeding ticket. Drake was given a warning and a supervisor was asked to pick him up.

Chief Bill McCarthy says he regrets the perception that Drake got preferential treatment.

A West Des Moines police spokesman says Shelley acted appropriately because Drake would face punished from his department.

Drake was suspended without pay for two days. He avoided a 300-dollar speeding fine and possible license suspension.


2 posted on 03/05/2006 12:39:40 PM PST by Mean Daddy
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To: Mean Daddy
I've heard rumors about some local LEO's having some wild partys at some cabin in the woods around here and they basically get -faced and laid and then come tearing *ss out of there on the backroads all the while covering each other's butts.

Just a rumor AFAIK.

File under 'I wouldn't doubt it.'

3 posted on 03/05/2006 12:40:55 PM PST by Looking4Truth (The U.S. knows the rest of the world is damn near useless and we're sick of carrying their asses!)
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To: Mean Daddy

hmmmmm....ya think one of us peasants would've gotten the full monty????!!!!!


4 posted on 03/05/2006 12:41:26 PM PST by mo
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To: Mean Daddy

Happens Everyday in every city across the nation.


5 posted on 03/05/2006 12:43:09 PM PST by cmsgop ( I love Scotch. Scotchy, scotch, scotch)
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To: Mean Daddy

Nope.


6 posted on 03/05/2006 12:43:13 PM PST by TheErnFormerlyKnownAsBig (Hey liberals, you be straight trippin. I get paid to get in your business.)
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To: Mean Daddy
was given a warning and a supervisor was asked to pick him up.

Never heard of a suspected drunk driver being given the option of getting a ride home after the fact.

7 posted on 03/05/2006 12:46:01 PM PST by weegee ("Republicans believe every day is the Fourth of July, but Democrats believe every day is April 15.")
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To: Mean Daddy

IBTBL


8 posted on 03/05/2006 12:49:13 PM PST by M203M4
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To: weegee; All
laws are for the common peasants not the knights doing the kings bidding
9 posted on 03/05/2006 12:50:21 PM PST by vrwc0915
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To: elkfersupper

PING...........


10 posted on 03/05/2006 12:52:57 PM PST by Gabz (Smoke gnatzies: small minds buzzing in you business........SWAT'EM)
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To: Mean Daddy

Anyone that believes cops don't look after their own are fooling themselves....


11 posted on 03/05/2006 12:53:13 PM PST by ScreamingFist (Annihilation - The result of underestimating your enemies. NRA)
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To: M203M4
IBTBL

That's a new one to me....In Before The....Balogna Lines

12 posted on 03/05/2006 12:54:37 PM PST by ScreamingFist (Annihilation - The result of underestimating your enemies. NRA)
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To: cmsgop

Hey!I was thinking the same thing.Thats been happening forever!Nothing new there.


13 posted on 03/05/2006 12:56:36 PM PST by xarmydog
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To: ScreamingFist; SandfleaCSC
IBTBL

In before the boot lick.

14 posted on 03/05/2006 12:57:09 PM PST by M203M4
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To: M203M4

LOL!


15 posted on 03/05/2006 12:57:59 PM PST by ScreamingFist (Annihilation - The result of underestimating your enemies. NRA)
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To: Mean Daddy

These cops are just busy poisoning the jury pool. It'll come back to haunt when the jurors become fed up.


16 posted on 03/05/2006 12:59:42 PM PST by Navy Patriot
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To: TheErnFormerlyKnownAsBig

No blood, no foul right Bro? ;-)


17 posted on 03/05/2006 1:04:45 PM PST by Cap'n Crunch
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To: Mean Daddy

Laws aren't for members of the gang.


18 posted on 03/05/2006 1:05:24 PM PST by D.P.Roberts
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To: Navy Patriot

You are so right! Jurors with any experience or knowledge now know to disbelieve any self-serving police testimony.


19 posted on 03/05/2006 1:08:18 PM PST by D.P.Roberts
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To: Cap'n Crunch

Depends on who did the pulling over. They may think this is their chance to get back a someone. Or even more likely, their chance to get ahead.


20 posted on 03/05/2006 1:08:21 PM PST by TheErnFormerlyKnownAsBig (Hey liberals, you be straight trippin. I get paid to get in your business.)
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To: TheErnFormerlyKnownAsBig

Well, I don't know what all the fuss is about, I've given alot of people breaks for speeding and some for DUI also, and they weren't cops.

Just because some poor slob has alcohol on his breath doesn't mean that he's drunk.

Know what I'm sayin'? You feel me?


21 posted on 03/05/2006 1:12:15 PM PST by Cap'n Crunch
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To: D.P.Roberts
Jurors with any experience or knowledge now know to disbelieve any self-serving police testimony.

Jurors with any experience or knowledge avoid jury duty.

22 posted on 03/05/2006 1:14:09 PM PST by Grut
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To: Cap'n Crunch
I gave a guy break and didn't process him for a dui the other night. Of course I did book him on his two warrants, one for DUI FTA, the other being for driving suspended 2nd degree FTA, nad cited him for no insurance and driving suspended 2nd degree.

I didn't need the 3 hours of OT bad enough.

23 posted on 03/05/2006 1:17:18 PM PST by TheErnFormerlyKnownAsBig (Hey liberals, you be straight trippin. I get paid to get in your business.)
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To: Grut

Good point.


24 posted on 03/05/2006 1:19:05 PM PST by D.P.Roberts
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To: Cap'n Crunch
If it was an ordinary citizen do you think he would have gotten away without at least a sobriety test?
25 posted on 03/05/2006 1:21:36 PM PST by Lx (Do you like it, do you like it. Scott? I call it Mr. and Mrs. Tennerman chili.)
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To: TheErnFormerlyKnownAsBig

I hear ya, that paperwork can be a real drag. I remember when Ohio went to their new "Swift & Sure" DUI, DUS laws. The only 'Sure' part of it was the time consuming forms, including reading the rights of the arrested to them. That makes alot of sense, reading rights to a drunk.

The only 'Swift' part was how fast Der State would give them back their license as soon as they paid the "Re-instatement fee."


26 posted on 03/05/2006 1:24:34 PM PST by Cap'n Crunch
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To: Lx

I've smelled alcohol on folks' breath and not given them a formal test. I mean, just talking to them and observing them is a test in itself.

Depends how bad they are.


27 posted on 03/05/2006 1:28:23 PM PST by Cap'n Crunch
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To: Grut; D.P.Roberts
Jurors with any experience or knowledge avoid jury duty.

They can gain experience quite quickly. I served with a young woman that followed the Bailiff's directions exactly, and got a parking ticket. When she asked him about it he just grinned at her, not realizing that he just torpedoed the ADA's assault on a police officer case.

28 posted on 03/05/2006 1:29:15 PM PST by Navy Patriot
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To: Mean Daddy
The Good Ole Boys Club is alive and well.
29 posted on 03/05/2006 1:43:09 PM PST by vox humana
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To: Navy Patriot

Are you saying she made up her mind to sabotage the case because of a $5.00 parking ticket?

HMMMMMM...


30 posted on 03/05/2006 1:45:43 PM PST by Cap'n Crunch
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To: Mean Daddy
Chief Bill McCarthy says he regrets the perception that Drake got preferential treatment.

A West Des Moines police spokesman says Shelley acted appropriately because Drake would face punished from his department.

Well Chief McCarthy better tell his spokesman to STFU if he doesn't want that perception to be widely known. When does a DUI ticket NOT result in the offender facing punishment from all sorts of directions???

31 posted on 03/05/2006 1:56:56 PM PST by NonValueAdded ("If I were a Cuban, I'd certainly be on a raft," Isane Aparicio Busto)
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To: Mean Daddy
"A West Des Moines police spokesman says Shelley acted appropriately because Drake would face punished from his department. "

Well that is what you call preferential treatment. Anyone else it would have been far worst. If anything cops should be punished really hard since they re preset the law.
32 posted on 03/05/2006 2:00:34 PM PST by Sprite518
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To: Cap'n Crunch

Were those people driving 99 miles an hour?


33 posted on 03/05/2006 2:01:13 PM PST by Politicalmom (Must I use a sarcasm tag?)
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To: cmsgop

Oh so we should just let it go then??


34 posted on 03/05/2006 2:01:29 PM PST by Sprite518
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To: Cap'n Crunch

it sounded more like she torpedoed the case because of the way the bailiff treated her.
what she did doesn't make any sense, but it sounds like that's what the guy was saying.


35 posted on 03/05/2006 2:01:56 PM PST by drhogan
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To: Sprite518
I don't think it can be stopped, It's called Professional Courtesy
36 posted on 03/05/2006 2:04:31 PM PST by cmsgop ( I love Scotch. Scotchy, scotch, scotch)
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To: Cap'n Crunch
she made up her mind to sabotage the case because of a $5.00 parking ticket?

I don't know her thought process, she did vote to acquit, and eventually the jury hung 10-2 for acquittal (starting at 2-10).

It is a possibility that the deputy was perceived as preventing her from complying with the law, and she equated the other deputies with the one she had personal knowledge of, and concluded that the defendant had gotten similar treatment. That would make the deputy the one that sabotaged the case.

There was testimony that the deputies involved had provoked the defendant, they denied it.

37 posted on 03/05/2006 2:07:30 PM PST by Navy Patriot
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To: cmsgop

LOL!


38 posted on 03/05/2006 2:17:44 PM PST by Sprite518
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To: Politicalmom

I've also cut people breaks for speeding.


39 posted on 03/05/2006 2:20:32 PM PST by Cap'n Crunch
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To: drhogan

That's how it sounded to me too, but it makes it sound, at least to me, that she was upet because she got a ticket and so voted not guilty.

I'm sure there must be more to it. I just thought I'd ask.


40 posted on 03/05/2006 2:24:11 PM PST by Cap'n Crunch
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To: Cap'n Crunch
"a $5.00 parking ticket"

I was thinking from a couple of your posts that you must live out in the country. But a $5.50 ticket? Now I'm thinking maybe you actually live in 1950.

41 posted on 03/05/2006 2:25:59 PM PST by Nova
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To: Navy Patriot

Ah, well then maybe it wasn't just the parking ticket.


42 posted on 03/05/2006 2:26:50 PM PST by Cap'n Crunch
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To: Nova

No, I live in a little armpit of a city west of Cleveland, Ohio. (thank you for your sympathy)

I wouldn't mind having lived during the 50's, seems alot better times than now. But that's something I didn't get to pick.

My Dad had a '55 Chevy and a '57 Chevy pick up truck. Nice era. They don't build 'em like that no more.


43 posted on 03/05/2006 2:29:15 PM PST by Cap'n Crunch
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To: Cap'n Crunch

I guess I haven't had a parking ticket since I lived in Brooklyn, NY (circa 1980). It's hard to Not get parking tickets in NYC. Most were $50. Some as little as $35.


44 posted on 03/05/2006 2:37:07 PM PST by Nova
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To: Looking4Truth

If one were interested simply in removing hazards to the public, then the removal of the hazard would be primary to the enforcement of any rule; if, however, one were interested in punishment as a deterrent, then one would target the most egregious first, and all others with equal zeal.

Further, if one were interested in punishment as a social tool, even the innocent would be punished if the conviction could be made persuasive.

Finally, the punishment would become ubiquitous as all are assumed to be hazards.


45 posted on 03/05/2006 2:37:25 PM PST by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Cap'n Crunch
maybe it wasn't just the parking ticket.

Probably not, the defendants history as well as the deputies was concealed, which is standard procedure, the defendant testified and that opened him to impeachment by previous conduct, which the ADA didn't do, so, he was perceived as clean. That's the direction the deliberations took.

46 posted on 03/05/2006 2:41:23 PM PST by Navy Patriot
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To: Nova

I think a parking in a Handicapped spot is either $250.00 or $500.00 here. Most of ours are $5.00 or $10.00 after 24 hours.


47 posted on 03/05/2006 2:44:47 PM PST by Cap'n Crunch
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To: Old Professer

You are a Zen Master. Sensei


48 posted on 03/05/2006 2:46:13 PM PST by Cap'n Crunch
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To: Navy Patriot

Gotcha.


49 posted on 03/05/2006 2:46:37 PM PST by Cap'n Crunch
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To: Mean Daddy

I believe it is called “professional courtesy”. It doesn’t apply to us common folk.


50 posted on 03/05/2006 2:48:27 PM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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