Police investigating officer's decision not to make DUI case

However, Gassiert pointed out that DUI is a misdemeanor charge, which gives an officer “a certain amount of officer discretion.”

“But,” he added, “we take driving under the influence very seriously.”

The incident occurred just after midnight March 13 when officer Charles Carroll pulled over a vehicle for speeding on the bypass. The officer noted the smell of alcohol emanating from the vehicle, whose occupants ranged in age from 17 to 19.

Although they initially denied having consumed alcoholic beverages, the occupants ultimately admitted to consuming alcohol, at a party in Athens, and a report done after the fact indicates that all of the occupants of the car tested positive for alcohol on a roadside alco-sensor. Carroll, apparently with the approval of his supervisor, had the offenders contact their parents or other family members to come pick them up and filed no charges. One of the parents parked the vehicle at O’Reilly Auto Parts until it could be removed.

Apparently, two girls in the vehicle had people other than their parents come pick them up.

The matter came to light only when a parent of one of the passengers of the car came in to complain that he had not been notified of the event — his stepdaughter had lied to police, telling them her parents were out of town, and had been released to the custody of one of the other occupants’ parents.

Only then did the officer fill out a report, which included no ages or addresses of the offenders, no charges and no reference to the readings on the alco-sensor, although the driver’s blood alcohol content was reportedly twice the level required for a DUI charge. The report did not indicate why no charges were filed.

Some time after the event, the mother of one of the other passengers came to the police department and reported that she was not the person who picked up her daughter — who had allegedly called her parents to come pick her up.

Kelley will gather the evidence, Gaissert said, and try to determine if Carroll used good judgment — “if his actions rose to a standard of his duty to protect the public” — and will make a recommendation to Gaissert, who will determine what course of action to take. Options range from a finding that the officer acted within reason to discipline or dismissal.