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Officer gets 2 years probation for off-duty Glendale crash
by Heather Hoch - Mar. 10, 2009 05:09 PM
The Arizona Republic
A police officer from Glendale was sentenced Tuesday to two years' probation and alcohol counseling after he allegedly crashed his motorcycle in an off-duty accident, injuring himself and another officer.
A 17-year veteran of the Phoenix Police Department, Mike Rogers pleaded guilty on February 10 to the aggravated assault charge that Glendale police officials recommended. Rogers reportedly registered a blood-alcohol level of 0.219 percent after the wreck, which occurred in October 2007.
Rogers' fellow Phoenix police officer, Erica Gallegos, was riding on the motorcycle and was also injured in the wreck.
Under sentencing guidelines, Rogers could have received more than 3 years in jail for an aggravated assault conviction. Judge Michael Kemp ordered two years of probation for Rogers instead.
Rogers pleaded guilty to the charge of aggravated assault before the case went to trial, which resulted in the dismissal of the Glendale police recommended charges of criminal damages and an extreme DUI.
In the crash on Oct. 9, 2007, Rogers lost control of his Harley-Davidson motorcycle on 64th Drive in Glendale, according to Glendale police. He is believed to have then left the road, striking a bush and a miniature palm tree before finally crashing into the side of a parked truck.
Neither Rogers nor Gallegos were wearing helmets at the time of the accident, according to the police report.
Do you guys feel like you've been had yet? Police officers really know how to take real good care of their brothers. Wake up people! Now this is what you call drunk motor cycle riding!. At the time this gentleman was arrested he was the top DUI cop in Phoenix.
For those that have been "in" the system what is going on with the DUI laws in this country? Granted it is not something that should not be punished but for a violent or repeat offender to get out on little or no bond and someone whom is and has always been a good citizen to have to deal with $30,000-$50,000 bonds and numurous penalties as well as fines,many times even before being found guilty or going to court is against our civil liberties that our fourfathers fought for. Something needs to be done to look into the way these cases are delt with. The actual offerders need to be examined and that taken into account. Is this person a contributing member of society or is he a derilict? Does he make a good living or does he struggle? Imposeing large monitary burdens on the average public does not make for a better society. Just one more apt to comit crimes. Education and counceling would be a much better penalty. Please add comments. Whose making out here. The lawyers? Bailbondsman? Judges?
Is this a serious post? You want drunk drivers handled with kids' gloves?
Yeah, there are people that make one bad decision, but that one decision could kill someone.
Personal responsibility has to come into play at some point. If you drink and drive, no matter what your record shows, you need to be treated harshly. And a good person would realize they screwed up and would take their lumps and be glad that they didn't kill someone.
Do you guys feel like you've been had yet? Police officers really know how to take real good care of their brothers. Wake up people! Now this is what you call drunk motor cycle riding!. At the time this gentleman was arrested he was the top DUI cop in Phoenix.
Yep, no tent city for him. Sheriff Joe looks after his own.
I live in Arizona - but not Maricopa County. It just isn't worth risking a DUI so I drink very little when out for dinner. I stick to drinking at home.
Is this a serious post? You want drunk drivers handled with kids' gloves?
Yeah, there are people that make one bad decision, but that one decision could kill someone.
Personal responsibility has to come into play at some point. If you drink and drive, no matter what your record shows, you need to be treated harshly. And a good person would realize they screwed up and would take their lumps and be glad that they didn't kill someone.
Yeah, good thing that Phoenix police officer who was super extreme DUI didn't kill someone, right Kev? He was a police so it was ok that he got off with 2 years probation. Right Kev?
Yeah, good thing that Phoenix police officer who was super extreme DUI didn't kill someone, right Kev? He was a police so it was ok that he got off with 2 years probation. Right Kev?
Police officers by profession are one of the largest groups of alcoholics there is.
CRIMINAL STATUS: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.
JAIL: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.
DUI FINES/COSTS: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).
....-Extreme DUI: Minimum $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
....-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).
JAIL COSTS: An 80% surcharge on the base fine is levied on each DUI offense.
LICENSE SUSPENSION: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.
PROBATION: DUI: Up to 5 years (informal, may not be supervised).
....Aggravated DUI: 10 years.
VHEHICLE IMPOUND: Yes, for extreme DUI and aggravated DUI.
ALCOHOL SCREENING/EDUCATION TREATEMENT: Mandatory for aggravated DUI. Possible for other DUI offenses.
IGNITION INTERLOCK DEVICE: Required for extreme and aggravated DUI.
COMMUNITY SERVICE: May be ordered to perform community service.
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Posted On: October 31, 2007 by Neil Shouse </STRONG> Chicago Police Officer Fails to Follow Procedure In DUI Arrests
Prosecutors in Cook County, Chicago, are looking into whether an officer hailed as “top cop” for making a record number of DUI arrests, followed the correct procedure in administering field sobriety tests or Breathalyzer tests. According to a news report in the Chicago Tribune prosecutors dropped 50 misdemeanor cases stemming from arrests made by Officer John Haleas. About 500 more cases are under review, the article said.
The investigation began after two prosecutors in training rode along with the officer in April 2005. Not only did they see that Haleas did not give the man he stopped on suspicion of a DUI a field sobriety test, but also he did not make the man aware of his rights to decline a Breathalyzer test. Officers are also mandated by law to observe a suspect for 20 continuous minutes before giving the exam, but Haleas did not do that either, the article said.
The police department reportedly conducted an internal investigation, found that there was misconduct on the part of the officer. He was penalized with a one-day suspension and reassignment to desk duty. The article also says Haleas made 718 arrests in 2005 and 2006, more than any other officer in the entire state of Illinois. He was a two-time winner of the “Top Cop” award from the Alliance Against Intoxicated Motorists. Now it seems prosecutors will drop not only hundreds of misdemeanor cases involving this officer, but also many felony cases that carry a harsher punishment.
As DUI defense attorneys, we know that this officer in Chicago is probably not the only one in the country who does not follow proper procedure in DUI arrests. Research by the National Highway Transportation Safety Authority (NHTSA) has shown that many police officers themselves don’t understand how to administer field sobriety tests. Breathalyzer exams are also highly questionable.
When a police officer does not follow proper procedure as in this case, not only are innocent people put in jail or penalized heavily, but people who are really guilty of drunk driving are going to be let off the hook because the officer’s credibility is in question.
If you or a loved one has been accused of a DUI, call a Southern California Drunk Driving defense attorney to discuss your legal options. We will make sure your side of the story is heard and help you fight your DUI charge.
Are you guys beginning to see what I'm saying. Any resonable person would really start looking into this DUI scam, and corruption.
I heard a story of a wonam in Phoenix who went to dinner with her family and had a chicken marsala for dinner was pulled over by a police, he administered field sobriety tests and she was charged with driving while impaired to the slightest degree. She didn't have one drink during dinner, but because of the wine in the chicken marsala the police officer smelled alcohol on her breath.
Are you guys beginning to see what I'm saying. Any resonable person would really start looking into this DUI scam, and corruption.
I disagree. DUI laws are NOT a "scam"
But, I must give full disclosure - I am biased. My wife and son were killed by a drunk driver. Like you, he had stopped off for a "couple" of drinks.
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