Boise police officer gets probation, withheld judgment after pleading guilty to DUI : comments

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1220988317 Boise police officer gets probation, withheld judgment after pleading guilty to DUI : comments Idaho Statesman Copyright 2014 Idaho Statesman . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Good!

Good, the same treatment anyone else would have gotten in the same circumstances.
Even though he'll be able to withdraw the plea in a year, it'll always be on his record.

No, not the same treatment

he should have gone to the slammer regardless of the "officer safety issue."

Actually Shazam

I don't see the point of sending anyone with a DUI to jail. What is the point of forcing someone to lose their job? All you do is complicate the problem. If he is sentenced to AA meetings, some kind of nasty community service, and is subject to probation, what more do you need?

If this was a second DUI, yeah, than I could see the point of jail.

tell me how many other

first offense DUIs (not aggravated by injury to others, etc) go to jail.

Right.

How Christian of you Shazam....

Gee whiz, go to the LDS thread and you're all about "Christian Vitrues" but come to a thread where an individual has admitted to breaking the law, he has gone through the system and has been judged by the PROPER authority, but you don't seem to think that's good enough...
Again, you wonder why you're held in disdane...

Simply my opinion Farang,

you can "disdain" me all you want. I simply think he should not have received preferential treatment. Your attempt to make it a religious issue is transparent.

He's a good guy, he just likes to party like everyone else...

Can anyone elaborate on this part?

"Miller may not have the DUI arrest on his record next year if he completes that probation with no problems...Meyers granted Miller a withheld judgment, which means Miller can ask Meyers to have the guilty plea taken off his record if he completes probation successfully."

How often is a withheld judgement offered in DUI cases?

How often is a withheld judgement offered in DUI cases?

DUI's are a WJ permissable offense, as I believe almost all misd. are.

You can even get a WJ on Felony charges

Depending of course on the severity of the charges.

Most people in life are offered a Withheld Judgment one time. It is sort of like a "get out of jail free card". The trick is having the foresight as to when to use it.

If you are a problem child, better not use it on the first DUI. As you may need it later in life.

If you plan on being good, but you made a little mistake, then take your WJ and behave.

If you are Dave Bieter's administrative assistant

you can have not one, but two of them!!

Thats the same

that my ex roommate got 5 yrs ago. Glad to see they're treated like everyone else. I think you can do a withheld judgement once in a life time. At least thats what I was told . Not sure

How many good guys have been pulled over?

WOW talk about a slap on the hand. He walks away while Joe Public (AKA Good Guy) bend over here it comes again. This "good guy" dodged a bullet which doesn't say much for the Idaho justice system.

Sentence seems fair

For a first time sentence, that seemed to be about what other people get.

I might be mistaken but should he received an enhanced citation for being twice the limit? That might be where the court gave him a break but I don't know the exact law.

I'm not disappointed with the outcome.

what about an enhanced fine etc.

because he is emoloyed by the city to ENFORCE the laws, not break them. When you take a public position, policeman, mayor, whatever, you should be held to a higher standard. If anyone should understand the hazards of DUIs, it would be a 10 year veteran of the police force, huh?
Maybe I'm all wet here, but I would expect to be held to a higher standard of behavior if I applied to become a cop.

So are you saying that

So are you saying that different laws apply to the police? Are these separate laws considered equal to the laws for everyone else? Slippery slope argument you have there....

This is pretty much a standard judgment for a first time DUI offense. The jails are packed as it is. No need to crowd them with first time DUI offenders and other non-violent misd. offenders that are not likely to repeat. Yes I realize that many people would argue that DUI is not exactly non-violent given the potential for death on the roadway.

he will be

held to a higher standard. He'll pay on the job, or it'll hurt his pay on the job, possibly right away, and certainly in possibility of promotions in the future.

If he were out digging ditches or something there wouldn't be any sanction on the job in almost all cases.

That's a normal first offense sentence

Why doesn't anyone go look at the court records before spewing out their "facts". That was a normal sentence to hold against the officer.

You're absolutely right -

This is a normal sentence. What I found interesting is that he pled guilty. That isn't normal - most DUI people around here plead not-guilty and want the courts to prove them guilty and be a drain on the system. I commend the honesty of the officer, and if he completes his legal punishment, that should be the end of it. His problems with the job are none of our business, and again, he should be commended for doing the right thing.

think he got off light considering

when you consider that another DUI story that broke today, a person with the same blood/alcohol level slammed into someone standing by the road, and police should be held to a higher standard. I bet the only reason he plead guilty was because of a plea bargain offer from the prosecutor.

If he were "regular" citizen....

If he were a "regular" citizen he it would not be news at all. Look at the Ada County web site, there are dozens of arrests daily for DUI. Only by virtue of his profession is his arrest any news at all.

the other DUI

hasn't received a trial or judgment yet. But you can be sure it will be much more severe, since it also involved injury to another. If she doesn't make it, it could be vehicular homicide.

no kidding it was news

if a cop gets a DUI! Why do you suppose that Is? Come on, he's supposed to enforce the laws, not pick the one's that work for him.

IT IS A STANDARD

sentence for the offense!! Why can't people understand this? Peace officers are people too!! He broke a law and is being punished just like anyone else and should not be treated better or WORSE than anyone else.

Fair or unfair?

I guess the sentencing, fair or not, is not what's troubling to me. The mere fact that a police officer is using such poor judgement in a reckless manner is what's so troubling. Just look at the sheer amount of drunk driving fatalities and serious injuries that have been reported in the newspaper the past few days alone and you'll see that driving drunk should be more than a misdemeanor. This is an offense that doesn't seem like much until it is your family member killed by one of these idiots. No, I've fortunately never lost anyone to a drunk driver but I can tell you right now without eqivocation that if one of my children was injured or God forbid killed by one of these people, there would be hell to pay. I'm sure that's the same for any other parent. There are certain jobs that are held to a higher accountability level and police officer is definitely one of them. Others that come to mind are teacher, doctor etc. Do you want to find out the person in charge of your health or your child's well being is a drunk? Probably not! Of course, our society apparently doesn't deem drinking and driving as too excessive because people ranging from our esteemed Governor to Meridian School District principals have been busted and it obviously hasn't hurt them. The funny thing is...wave a gun or brandish a knife on the street corner and you'll be put away in a heartbeat for reckless endangerment or worse, but get behind the wheel of two ton vehicle with twice the legal amount of alochol and put thousands of other peoples' lives in peril and people scoff that probation is just right. We should start locking up the drunk drivers for at least a month and take away their driving privileges forever. Then people wouln't do it. And for those who say it was only his first offense? No one ever gets caught the first time they do something and very rarely do they stop the behavior after being slapped on the wrist. Time for this guy and everyone else who drinks and drives to take the bus! And Dave in your case...you can take the school bus...it'll drop you right off at work!

good point...maybe. A paragraph or two

would make it easier to absorb. Kinda runs together....

Sorry, I guess I can see if

Sorry, I guess I can see if they'll let me use a bigger font too for the people who are farsighted.

Just kidding.

Maybe.

;)

Once again a cop gets off

Are you kidding me!!! This cop got off he should have got more than this! the law states that for your first DUI An automatic 30 day suspension with sixty restricted and then when you go to court for sentencing it is another 30 day suspension with 60 day restrsicted at least $750.00 in fines or up to $1000.00, plus court costs, 1 year probation (supervised or unsupervised), an alcohol evaluation plus what is recommened by the evaluator or judge, the victims panel, sr22 insurance for a year, and up to 30 days in jail or community service. This cop got off!!!1

Strange. I worked with a

Strange. I worked with a girl who got a DUI a few months ago. No jail time, no fine that she complained of, or any of the other things you have mentioned. I guess she got off too. And she wasn't a police officer, so maybe it isn't his career choice that affects how a judge can rule.

He definitely would get the

He definitely would get the automatic license suspension, you're right, that's automatic.

His probation would include an alchohol evaluation and the recomended treatment, you're right, that's also automatic.

He'll have big problems with his insurance.

All that stuff happened, whether or not mentioned in the article. The judge simply doesn't have the discretion otherwise.

Victim Impact Panel is not required, and probably not necessary in this case.

"Up to 30 days". Actually, up to 6 months is allowed for this crime. But nobody gets that without severe aggravating factors.

As others have said, this is a typical sentence for someone with no record.

A withheld judgment allows him to legally say he's never been convicted of a crime (on job applications, ect), but it will remain on his criminal record forever, and can be considered in any future sentencings.

And he has 87 days suspended if he screws up on probabtion.

Special treatment for the Only One's.

It must be nice being above the laws that the rest of the citizens have to live by.

Maybe he'll run over a 19 year old girl next time

and we can all be really pi ssed off... a drunk cop is kind of like a fat nurse... they know better, but they don't care.

Drinking and driving

is a reckless act. This officer should be jailed and fired. Do you want a drunk running around arresting people in Boise. Wake up. It's not OK to have one rule for government officials and another for us common peasants. The police are your enemy.

...

Idiot

So now he is always drunk?

So now he is always drunk? So according to what I have read here and on various places on the Internet, and assuming the Statesman reported the full sentence the officer received, he did receive a fairly standard sentence. This is what I found for a first time DUI offense.

Up to $1,000.00 fine ($750)
2 days to 6 months jail (three days in jail)
Suspend driver's license for 180 days with at least the first 30 days absolute and the remainder restricted
Obtain an alcohol evaluation
Follow the recommendation of evaluation
Attend Victims' Panel
1 to 2 years probation - may be supervised. (1 year)

The article doesn't mention the others, so it may have been left out just to rile up the readers. The others are mandated by statute, so I am guessing the paper only reported the ones that the judge has some leeway on.

Sounds like he got a fairly standard sentencing. So if it is a standard sentence, where is the special treatment?

Your post is right on!!

Others just want something to whine about. Most have probably had a few and driven also. They just did not get pulled over. There was no "special treatment".

Let's just lower the standards for public servants...

Larry Craig can be as queer as he wants... because he's a regular guy... hail to the average Joe. Oh yeah and Clarence Thomas can smoke all the crack he wants becuase he's an average guy...boiler plate punishment across the board.

Clarence smokes crack? I thought his deal was

pubic hairs on coke cans.....OOOOOHHHH! COKE cans. Now I get it.

Being queer isn't a crime.

Being queer isn't a crime. Soliciting sex is.

No one person should be punished more then average offender, regardless of job, race, sex, political affiliation, or whatever. No one should be persecuted unfairly because of their career

so he gets to keep his job?

There are some places where one would loose their job for being put on probation for a DUI because the cops are suppose to be a good example in obeying the law...not getting around it because they are seen as above the law.

Its not up to the judge to

Its not up to the judge to fire this officer. The chief of police is the one who decides how this will affect his job status.

Smokes crack AND drinks pubes... he's totally cool...

Anyway we're off track here... round up the boys and let's all have cocktail hour sometime. And go ahead and leave the engine idling-this tank's on me.

Marion Barry smokes crack... 'scuse me

oopsie... wrong illegal behavior for the wrong upstanding political figure.

Unfortunately, Marion Barry can't get fired. They keep electing

him!

Good news keeps coming!

I'll be hanging in my closet if anyone needs me...

Good news keeps coming!

I'll be hanging in my closet if anyone needs me...

What a crock...

He is supposed to set an example for the community. I hope the Boise Police will look into a violation of the ethics code. How can they expect he will enforce the DUI laws on the community he can't respect them or following them. I'd say there is a question of credibility, or lack of. And this in the shadow of Boise receiving that award from MADD.

Maybe he was out celebrating

the MADD Award? who really knows.

I would be willing to bet

I would be willing to bet that this officer won't be out on the streets much. This will get him the crap details for quite awhile.

Also, the only way he could really violate ethical standards would be if he let fellow officers, or other public servants go when arrest is warranted.

I got busted for speeding once, so would it be unethical for me to enforce speeding laws if I became a peace officer?

If I'm ever dumb enough to drink

and drive, hope this officer is the one to pull me over. "If I promise to never do it again, will you let me go?"

pppppppp

no one let him go why should you get a pass