Last year, Denver news stations reported on an incident regarding an intoxicated Aurora Police Department (ADP) Officer who was found unconscious on duty. Now, news has surfaced that the officer will not face DUI charges, despite being found in his patrol car.
DUI charges can often be dismissed for lack of evidence and improper investigation; and these reports suggest that the APD may have handled this case improperly.
Was the defendant treated fairly?
Last march, the officer was found unconscious in his unmarked police vehicle and was not responsive until brought to a hospital.
According to internal reports, the officer admitted to drinking vodka before heading out. Additionally, sources had reported to CBS4 that hospital blood tests showed the officer at five times the legal limit.
After conducting his own interview, the District Attorney (DA) concluded that there was not enough evidence to charge the officer with a DUI. The DA said, “he believes the Aurora Police Department intentionally failed to gather evidence that could have led to a DUI charge.”
While hospital tests may have reported alcohol in the officer’s system, these reports could not be admissible as evidence due to HIPAA privacy regulations.
The officer has been demoted but was allowed to keep his job.
How police misconduct can affect investigations.
While this case is certainly unique, it demonstrates an important facet of the legal system: that police investigations have a huge impact on the outcome of criminal charges. That is why it is important that investigations follow the correct protocol. Evidence that is admissible in court has to go through the proper vetting system and—as demonstrated in this case—can make the difference in a criminal investigation.
When Coloradans find themselves accused of crimes, it behooves them to seek experienced legal guidance to avoid mistreatment from abuse of the law.