"Officer filmed drinking then driving"

[MPI1]

September 03, 2011
Video: Officer filmed drinking off-duty prompts questions
Ill. man filmed officer drinking, then driving patrol car, after officer ticketed him earlier in day

By PoliceOne Staff

ST. LOUIS, Mo. - The St. Louis County Police is facing questions from the community after a man - upset after he was ticketed by an off-duty police officer - recorded that officer drinking and then driving his patrol car.

After being ticketed on August 20, Luke Lamb encountered the officer later that evening drinking at a mixed martial arts event. He filmed the officer, then confronted him in the parking lot outside the bar, at which point the officer drove away.

A County Police spokesperson told KDSK.com that there is no written policy against what the officer did, so long as his BAC is under the legal limit. The department's "Countywide Resident Officer Program" allows officers to take their patrol cars home and drive them off-duty.

Watch the video below, and voice your opinion in the comments below - is it appropriate for an off-duty officer to drink in public while driving his patrol?

Video: Officer filmed drinking off-duty prompts questions

So long as he is under the legal limit (.08 here) I don't have a problem with this. I can see how this looks bad, and maybe not the best judgement was used but as I stated, so long as he is under the legal limit to drive and there is no policy against it I don't know why they are making a big deal out of it.

[retdetsgt]

We've had a regulation for years that we can't operate a city car even if we've had one drink. Doesn't matter if you're under the legal limit or not.

[MikeG]

I would think the commercial BAC limit would be more applicable to driving a fleet vehicle like a patrol car.

[mobrien316]

When I was investigating a DUI, I always told people it was not illegal for them to drink and drive - unless they were at 0.08 BAC or higher.

When they asked the follow up question, i.e. - "How do I know when I'm at .08 BAC?" I would always answer, "You can't know. Even when you're sober, you'd be taking a guess. When you drink, the FIRST thing to go is your judgment."

Most of them thought it was terribly unfair when I said the only way to make sure is to not drink if you are going to drive. They always hated that answer.

[Citicop]

You can be convicted of DWI in my state with a BAC of less than .08% if the rest of my investigation shows impairment.

.08% is the level at which you are PRESUMED intoxicated, but you can be shown to be intoxicated with a lower BAC.

Having said that, we have no evidence (that I have seen) that the officer was intoxicated while driving. We have video of him drinking what is presumably alcohol, and then driving home a few hours later.

Even the guy who shot the video admitted that he was watching the fights and couldn't say how much the officer had had to drink.

It may look bad PR wise, but all there really is here is a sensational accusation with zero evidence to prove it.

-Citicop.

[Aussie George]

0.05 here.

And whether or not what he was doing was illegal, it was most likely dumb at least. If you are out and about in a work car, then you have to set the highest standards, regardless of what job you do, but even more so when you are a cop.

Over here it is illegal to talk on a mobile while driving. There are exemptions in my state for Police on duty and unlike other areas I have worked the exemption law does not state anything about emergent or operational reasons etc. For instance, in other states I have worked it was illegal for to talk on mobile while driving, however if say your police radio broke and for emergent or operational reasons you were required to keep driving and talk on your phone, you can. Here it just says that we are exempt from the law preventing others from driving and using a mobile.

Even though that is the case, I get very angry when someone I am working with uses their phone while driving, and not just for the safety issue. Mainly it ticks me off because everyone looks at police cars. They have big signs on them and lights and people notice us. They then look straight at the driver of that car to see if the driver is looking at them (usually because they are afraid of being caught doing something illegal).

It makes it a little hard to write a ticket for someone on their phone while driving, when they see cops do it. Unless there is a real reason to do it, then I get ticked off. And your wife ringing to tell you that dinner will be ready in half an hour is not a valid reason.

Rant over...back to normal viewing.

[retdetsgt]

0.05 here.

Wow, the Aussies I served around in SE Asia woke up with higher than that!!!

I agree, George. If you're going to drive a police car and have the agency pay for your gas, etc. then you should be willing to give up the adult beverage when you're doing so. With what you're getting, I don't think that's a huge sacrifice.

It was a bit of a higher level, but along the same lines. I had a snitch contact me when I was in drugs about cops doing cocaine. His words were, "I'm sick of watching these guys do something at 7 o'clock and then arresting me for the same thing at 9 o'clock". Good point, IMO. Three cops with over 15 years lost their jobs, he was right.

[mcsap]

It is fully legal to drink and than drive a car in PA as long as you are under a .08 BAC. Our dept. policy prohibits operating a dept. vehicle with any BAC. But that is not a law , just policy.

[Citicop]

Yeah, this guy (who is in the same greater metro area as I am) didn't violate his department policy from what I understand. Their policy didn't address the situation, and provided he was not intoxicated, he was within policy.

I am assuming that a policy change may be forthcoming now, though...

-Citicop.

[Darin]

OK...this reeks of a disgruntled citizen (civillian for Norm ;) ) trying to get revenge. In the video I couldn't tell if he was drinking alcohol. How does he know he was drinking alcohol?

I think it was bad judgement to drive your polie car to a bar. I think it's bad judgment to drink 1 beer and drive a police car. Yes, you are under the legal limit but what if you wrecked? You may only have .01 in your system but if the media found out you had ANY alcohol in your system AND was driving a police vehicle then it would be blasted everywhere.

After giving someone a ticket, I was followed by the guy and he called in acomplaint on my driving. He said I didn't signal twice. Supervisors squashed that rather quickly.

We live and work in a fish bowl. People WANT us to screw up. We are under a microscope. Sometimes it's not fair but it's a part of the job.

[Joeyd6]

Its dumb on the cops part and not responsible for the agency to have no policy. In NY, you can be nailed for DWI (.08 or higher) and DWAI, anything less than. One drink equals .02. No mention of how many drinks this officer had or over how long. In a government vehilce.....one is too many. His personal car? I could care less.

[retdetsgt]

Its dumb on the cops part and not responsible for the agency to have no policy.

+1 That pretty much sums it up for me too.