Orleans Police Officer Loses License After DUI Plea

[rudiewhitebwoy]

I hope this isn't a dupe, I searched NES and couldn't find it.

So if this officer pled guilty to DUI in Massachusetts and a 1st offense DUI is punishable by up to two years in prison it would stand to reason he can no longer have an LTC, correct ? Discuss

http://www.thebostonchannel.com/news/29060405/detail.html

 

[el duderino]

Technically I would say yes, his chief might allow him to carry 'on the badge', though doesnt he also need to maintain a current drivers license? I imagine if you plead guilty to DUI you lose it for atleast 6 months, ill have to look that up.

 

[appraiser]

he will have his drivers license back in 45 days.

Since he CWOF'd, which is typical and normal in first time DWI cases, he was not found guilty, so he can IMHO keep his license to carry legally BUT he could lose it for "suitability" but chances are unless he has a real d*ck for a licensing officer, he will get to keep it.

 

[wolf223]

The 32-year-old Manfredi's charges were continued without a finding for one year, but he will lose his driver's license for 45 days and must attend alcohol education classes and pay $350 in court fees.

technically he didn't plead "guilty" it's a CWOF. there are NES members with FIDs / LTCs who had CWOFs. i don't care to dig, but i've threads on here in the Massachusetts Law Section

 

[Kevlar]

So if this officer pled guilty to DUI in Massachusetts...it would stand to reason he can no longer have an LTC, correct?

According to the article, it was CWOF, which would not be a statutory dis-qualifier on a MA or Federal level.

...and a 1st offense DUI is punishable by up to two and a half years in prison...

FIFY. The fact that it's in excess of two years is why a conviction would be a MA and Federal dis-qualifier.

 

[rudiewhitebwoy]

I'm a moron, I never even read the complete article that I posted . I just saw the word "Plea" and that he crashed into a tree and assumed that he would wiggle out of it later because he's a cop. Looks like it was a preemptive wiggle, he must have refused the Breathalyzer and had a good lawyer.

The only reason I have my LTC is I got a good lawyer for my 2nd offense, while I was still on probation for my first offense for which I pled guilty. My second offense was Nolle Prosequi aka null prossed or CWOF. I'm just glad I sobered up in the 80's, a few years later and I'd have been screwed.

 

[Half Cocked]

I'm a moron, I never even read the complete article that I posted . I just saw the word "Plea" and that he crashed into a tree and assumed that he would wiggle out of it later because he's a cop. Looks like it was a preemptive wiggle, he must have refused the Breathalyzer and had a good lawyer.

He did not wiggle out of anything...... He got the same plea that everyone gets for a first offense.

My second offense was Nolle Prosequi aka null prossed or CWOF. I'm just glad I sobered up in the 80's, a few years later and I'd have been screwed.

Nolle prosequi and CWOF are two entirely different things

 

[Fixxah]

Wouldn't he be federally prohibited?

Sent from the Hyundai of the droids, the Samsung Replenish, using Tapatalk.

 

[drgrant]

Wouldn't he be federally prohibited?

If he was convicted? Yes, he would be.

-Mike

 

[OfficerObie59]

I'm a moron, I never even read the complete article that I posted . I just saw the word "Plea" and that he crashed into a tree and assumed that he would wiggle out of it later because he's a cop. Looks like it was a preemptive wiggle, he must have refused the Breathalyzer and had a good lawyer.

He did not wiggle out of anything...... He got the same plea that everyone gets for a first offense.

It's easy to save face around here for one's failure to actually read the article they post--just couch it in the assumption that the cop must have gotten special treatment.

I have no problem with people criticizing the police when it's warranted, but keep it to the facts at hand. A CWOF and a 24D programs are the going rate for a first offense.

Nolle prosequi and CWOF are two entirely different things

Yup. Noll Pros the prosecution simply decides not to prosecute. A CWOF is essentially a guilty by another name, and is usually considered such with the notbale excepton.

 

[rudiewhitebwoy]

Nolle prosequi and CWOF are two entirely different things

Okay, I was Null Prossed at N.Hampton Court with the help of my Atty and the arresting officer, Amherst Sgt.John O'conner. When I went back for my pre-trial I had been sober 3 months, lost about 25 lbs and my eyes weren't glazed over as they had been for most of the 80's. He spoke with me in earnest, asking how I planned to stay sober, about my job. I think he wanted to hear that I was serious before he made any recommendation. That incident 23 years ago saved my life and the lives of others I'm sure. You don't need and LTC to drive drunk but I'm sure there are many more deaths attributed to drunk driving than firearms.

A guy that worked for me since he was 14 got a DWI last year. It was CWOF, the way he described the terms of the finding, it sounded alot like my situation a few decades back, stay out of trouble, or all the charges come back. That's why I lumped them together. I think I need scrivener unbanned for the day to knock my dick in the dirt. I've been assuming to much latley and I fear I'm regressing back to my newbie ways .

 

[Half Cocked]

Okay, I was Null Prossed at N.Hampton Court with the help of my Atty and the arresting officer, Amherst Sgt.John O'conner. When I went back for my pre-trial I had been sober 3 months, lost about 25 lbs and my eyes weren't glazed over as they had been for most of the 80's. He spoke with me in earnest, asking how I planned to stay sober, about my job. I think he wanted to hear that I was serious before he made any recommendation. That incident 23 years ago saved my life and the lives of others I'm sure .

You mean to say that a police officer showed compassion and sincerity and exercised good moral judgement to prevent you from having an incident on your record that would have long term future implications and he did not shoot your dog??????

Good for the Sgt. This type of thing happens daily but all the public sees is the court report that says "Dismissed" or "Nol Pros" and then Internet critics go all over forums like these and make assumptions that the police and/or prosecutors must have screwed up the case.

If you truly learned from the incident and appreciated what was done for you it was more beneficial for society than had you been found guilty.

 

[Rob Boudrie]

I have no problem with people criticizing the police when it's warranted, but keep it to the facts at hand. A CWOF and a 24D programs are the going rate for a first offense.

The DUI CWOF is an unusual case since it is designed to carry almost all of the baggage of a conviction (financial penalty, license suspension, counts as a previous offense if you do it again - even after the CWOF period has expired, etc.) but spares the actual criminal record. It is not like a first offense is "beating the rap".

CWOFs granted for other offenses don't bear the baggage of counting as a previous offense for something that happens once the CWOF period is over - but the CWOF is seen by the sentencing judge.

You mean to say that a police officer showed compassion and sincerity and exercised good moral judgement to prevent you from having an incident on your record that would have long term future implications and he did not shoot your dog??????

I had a police officer in a minor speeding case tell the magistrate that the department had no objection to the charge being dropped - and this was without a connection or knowing anyone.

 

[Half Cocked]

I had a police officer in a minor speeding case tell the magistrate that the department had no objection to the charge being dropped - and this was without a connection or knowing anyone.

Yup ....... Happens all the time so long as you were polite and respectful.