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Winnipeg Cop DUI charge nixed

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1Winnipeg Cop DUI charge nixed Empty Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 9:16 am

grumpy old man

grumpy old man
administrator
administrator

'Reasonable doubt' about tests: judge

By DEAN PRITCHARD, SUN MEDIA
A judge has dismissed drunk driving charges against a Winnipeg cop, ruling
discrepancies in the breathalyzer readings raised a reasonable doubt as to his
intoxication.

Const. Dean Lambert, 34, was charged with impaired driving and driving over.
08 after being pulled over by Selkirk RCMP on Main Street near the Perimeter
Highway in April 2006.

Judge Ted Lismer dismissed the driving over .08 charge at a hearing last
month. The Crown dropped the impaired driving charge at Lambert's trial last
November.

At trial, court heard evidence of inconsistencies between the times noted by
police who administered Lambert's breathalyzer tests and the times registered
on the machine itself.

A blood alcohol expert also raised questions about Lambert's blood-alcohol
readings, estimated to be as high as .160 -- double the legal limit for driving
-- at the time of his arrest.

If the readings were accurate, Lambert should have exhibited much more
pronounced signs of intoxication, said Dr. Arthur Kraut.

"I find that the evidence to the contrary tends to show that the
concentration of alcohol in the blood of the accused at the time the events
were alleged to have been committed did not exceed" the legal limit,
Lismer ruled.

"The testimony of expert Kraus and all the evidence point to the
contrary, which raises a reasonable doubt as to the accuracy of the analyses
made."

Lambert testified he drank four light beers and four rum and cokes over the
course of eight hours while at a "transfer" party prior to his
arrest.

One of the Mounties who pulled Lambert over said he "exhibited slurred
speech and asked police to let him go as he was only 10 minutes from
home." The officer said Lambert produced his badge and said he was
"on the same team."

A second officer said Lambert had no difficulty walking and appeared steady
on his feet.

Following his arrest, Lambert was placed on administrative leave. A police
spokesman did not confirm his present job status.

2Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 9:25 am

grumpy old man

grumpy old man
administrator
administrator

Oops. I'm certain the police errors were innocent mistakes. These things happen. It is absolutely likely this police officer only consumed 8 drinks while attending a party for eight hours.

I wonder how many other innocent people were convicted after being charged when exceeding the permissible blood alcohol level on that same equipment. We should proactively dismiss all subsequent charges based on that machine until it was next properly calibrated.

We must NEVER have innocent peeps charged like this again.



Last edited by grumpy old man on Thu Jan 29, 2009 9:25 am; edited 1 time in total

3Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 9:25 am

Freeman

Freeman
uber-contributor
uber-contributor

OK,now here's a case for MacCaskill to walk the walk. While Judge Mortimer Snurd may have dismissed the charges, whats this crap about producing his badge and telling the Mountie that they're "on the same team"? Sound like someone trying to push their weight around.

4Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 9:26 am

grumpy old man

grumpy old man
administrator
administrator

Just bonding is all. No blue line stuff here. How dare you insinuate anything untoward was intended.

5Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 9:46 am

Guest

Anonymous
Guest

...an 8 hour party!!!!

When was the last time, if ever, that you were at an 8 hour party?

Sounds more like an alcoholic binge to me.

6Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 9:55 am

Guest

Anonymous
Guest

You have never been to a dock party at our cottage , the real part of this that is troublesum is the time to get this thru the courts. The stalling and delay tactics should be looked at . This guy got caught and should pay the price , just like me and you .
The system has allowed the defence of drunks to be different and it has to stop . Caught go to jail the same for all but he is not the first and not only the cops to beat the system .

7Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 10:09 am

Deank

Deank
contributor eminence
contributor eminence

Freeman wrote:OK,now here's a case for MacCaskill to walk the walk. While Judge Mortimer Snurd may have dismissed the charges, whats this crap about producing his badge and telling the Mountie that they're "on the same team"? Sound like someone trying to push their weight around.

exactly... what is that charge again...attempted influencing of an officer of the law?

8Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 10:13 am

Guest

Anonymous
Guest

Sorta like I never have done this before and I only have a block to go , both of which you hope will get you out of it . He can Try his angle of the story like you would , if you could .

9Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 10:29 am

Guest

Anonymous
Guest

MacCaskill should assign the guy to cleaning up the drunk tank. A year or two of 'nights' in that place may get him to consider a career change eh.

10Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 10:56 am

rosencrentz

rosencrentz
uber-contributor
uber-contributor

8 drinks over 8 hours will not make you drunk.

He is innocent of the charges, and even the different mounties testified that he did not appear to be so drunk that he needed to be tazered.
Give him the benefit of the doubt! This is his whole life's ambition!

http://www.elansofas.com

11Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 10:59 am

Guest

Anonymous
Guest

exactly... what is that charge again...attempted influencing of an officer of the law?

No bribe or money no charge .

12Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:02 am

IG Guy

IG Guy
contributor plus
contributor plus

I didn't even need to be drunk to get tazered. walking down the street and heard "well checck this out" ZAP then have to cops pointing and laughing at me! hehehe just kidding!

13Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:04 am

Deank

Deank
contributor eminence
contributor eminence

umm actually he can be charged even if money or bribe did not change hands, but since he was not it appears that is being missed by the higher ups as well.

14Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:06 am

IG Guy

IG Guy
contributor plus
contributor plus

well if its being "missed" by the higher ups, then i guess the money or bribes made it to the right places! lol

15Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:07 am

Guest

Anonymous
Guest

If no goods or money change hands the perpetrator can be, not the cop for he has accepted nothing.

16Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:14 am

grumpy old man

grumpy old man
administrator
administrator

Cop "A" (alleged drunk) should be; Cop "B" (arresting RCMP officer) should not be.

17Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:20 am

Deank

Deank
contributor eminence
contributor eminence

yeah sorry Pav did not mean to make it seem like the arresting officer should be charged.

quick question.... who paid for that expert testimoney?

18Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:32 am

Guest

Anonymous
Guest

Pavolo wrote:If no goods or money change hands the perpetrator can be, not the cop for he has accepted nothing.
It's not "goods or money", but "benefit". He asked for a benefit...to have them overlook his drunkeness.

Alcoholics can down a fifth of Scotch and look perfectly sober, btw Rosen. I think the cops did say that his speech was slurred though.

Anybody that believes that he was at a party for eight hours and only had eight drinks is an idiot. (Yup, the judge was an idiot.)

19Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:48 am

Freeman

Freeman
uber-contributor
uber-contributor

The Judge dismissed the charges, end of that subject.

Its not a matter of a bribe, attempted or otherwise in the legal sense, but a matter of professional conduct. What were his expectations of showing his badge to the Mountie? If I get pulled over, should I show him my kids pictures and expect the same result? This has nothing to do with the Mountie, but a conduct issue that should be looked into by the WPS. They are the ones with the image problem.

20Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 11:50 am

Deank

Deank
contributor eminence
contributor eminence

yup

"If I get pulled over, should I show him my kids pictures and expect the same result?"

Well I guess that depends on if the cop find your kids attractive and wants their phone number?

21Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 1:10 pm

Guest

Anonymous
Guest

If pulled over for drunk driving, I'm not so sure pulling out pictures of your kids would have the effect you'd want.

22Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 2:02 pm

Freeman

Freeman
uber-contributor
uber-contributor

OK, OK, so the example of pictures of my kids wasn't a great, but you get the hint.

23Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 2:11 pm

Deank

Deank
contributor eminence
contributor eminence

maybe show him pictures of the queen or perhaps Sir Borden

24Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 4:03 pm

Guest

Anonymous
Guest

I take that back...show him pictures of really ugly kids and tell you have to drink.

25Winnipeg Cop DUI charge nixed Empty Re: Winnipeg Cop DUI charge nixed Thu Jan 29, 2009 4:53 pm

grumpy old man

grumpy old man
administrator
administrator

Or better yet - a picture of two really ugly women and tell the cop it is your wife and her mother and you all live in the same 1 bedroom apartment.

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