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dan

you've got to be kidding. the SUV driver who just happened to be returning from the Purple Shamrock at 2.30 in the morning, was speeding, and happened to be an off-duty cop was NOT tested for alcohol?? hello??
this is a complete travesty. you are giving the driver of the suv a pass. clearly, he was wrong. i hope the woman's husband sues the driver. horrible tragedy and travesty of justice. my sympathies and condolences to the family of the woman killed.

carpundit

Testing him for alcohol, as I recall state law, would have required that he be arrested, which would have required probable cause. I wasn't there; I don't know what happened. But I've seen enough policework to know that no one brooms a homicide.

dan

testing is not a preliminary to arrest. testing gives cause for arrest, refusal of the test is also reasonable cause. testing itself does not then require arrest. i am not suggesting that they "broomed" a homicide. i am suggesting that it APPEARS that the off-duty cop was given preferential treatment by a brother officer. that is what it appears on the surface. i wasn't there either. simple due diligence would have required a test, if nothing else, to eliminate the possibility that the suv driver was drunk driving. this should have been done especially since the woman in the car was killed. your personal knowledge of police work that "noone brooms aside a homicide" does not mean that it never happens. do you really believe that when a motorist involved in a fatal accident tells the investigating officer that they are returning from a pub at 2.30 in the morning, that the officer wouldn't give the driver a breathalyzer? of course they would! that is reasonable police work. that fact that no breathalyzer was given to the suv driver is cause for concern. this is a serious matter that any motorist and citizen of the state of massachusetts should be concerned about.

dan

>No charges have been filed in the crash, which is under investigation. Sylvia was ordered to undergo drug and alcohol testing.

http://news.bostonherald.com/localRegional/view.bg?articleid=176484

this is from today's Herald. the story involves the heroics of a driver who saved a state police trooper's life yesterday. the driver of the truck that hit both the trooper's car and the hero's is to be tested for drugs and alcohol. this case does not involve a fatality.

this further suggests that the SUV off-duty cop driver was given preferential treatment by not being tested.

carpundit

Dan-

If by "test," you mean field sobriety tests administered at the side of the road, I don't know whether they were administered and neither do you. They do not require arrest. I believe that a breathalyzer test does require an arrest.

The testing of a commercial truck driver is a different matter, and is covered by all manner of state and federal regulations. You are mixing apples and oranges.

You said it was a "travesty" and the driver got a "pass." That's brooming. I don't think it happened. Cops do give cops breaks, that's for sure. But they don't give them breaks when they're drunk and they killed someone.

dan

Thanks for your replies.
Being a former Bostonian still interested in my home town I followed the case fairly closely. I feel terrible for the poor woman and her family. I am just suggesting that if any apparent favoritism was shown the suv driver for whatever reason, the authorities should look into it.
-dan

dan

can't help but add this to the discussion.
patriot ledger seems to concur...
http://www.patriotledger.com/articles/2007/01/12/opinion/opin01.txt

carpundit

Yes, that was the state of the law when I left the state police many years ago; I didn't think it had changed.

Willem

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Bob

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