Officer’s Breath Test Administered by Co-Workers After Crash

According to the Lansing State Journal:

Sgt. Jason Jones, the off-duty DeWitt Township police sergeant who crashed his 2007 Chrysler into a house at about 1:45AM on Saturday asked fellow officers to give him the breath test that showed he was not legally drunk, officials said.

After the crash, officers from his own department arrived at the scene. There was another off-duty officer from the department in the Chrysler as well. At Jones’ request, the officers gave him a breath test that allegedly read 0.07. Michigan’s legal limit is 0.08 percent.

The DeWitt Township police requested that the sheriff’s office investigate the crash. A Clinton County sheriff’s deputy was called to the scene, and Sgt. Dan Spitzley is reported to have arrived about 50 minutes after the incident occurred. The sheriff’s deputy reported that Sgt. Jason Jones did not show any signs of being intoxicated, and did not administer a second test, officials said.

Although Jones “did admit to having a few beers,” Clinton County Sheriff Wayne Kangas said Tuesday, “in our officer’s mind, there was no reason or rationale to give him a (breath test).”

Kangas said his deputy, Sgt. Dan Spitzley, observed that Jones was not slurring his words, did not have glassy eyes and was not wobbling or incoherent.

Jones told Spitzley he stepped on the gas pedal instead of the brake before the crash, as he was driving around a curve from White Pine Drive to Norway Pine Drive.

The Clinton County Prosecutor’s Office is expected to make a decision Friday about whether Jones will face charges.

An internal investigation into the incident is being conducted by DeWitt Township Police Chief Brian Russell. That investigation, Russell said, can’t be completed until after the prosecutor’s office makes a decision about charges.

Kangas said he intends to talk to Spitzley about his reasons for not administering a breath test.

“Our officer is saying, ‘I didn’t have any reason to request one,’ ” Kangas said. “Internally, we will look at that. But nothing was present there that would have prompted a (breath test).”

Kangas said his agency wasn’t even aware a breath test had been administered by DeWitt Township police until the following day. Russell said Jones asked his fellow officers for a breath test at the scene of the crash.

East Lansing attorney Mike Nichols, whose practice focuses exclusively on operating while intoxicated cases, said in most cases, if there is any indication of impairment, “then almost every time, there is an arrest — regardless of (the breath test).”

Kathy Stiffler, who lives in the damaged home on Norway Pine Drive, told the Lansing State Journal that police would not let her leave her home after the crash. The section of her garage that was hit will cost $2,500 to $5,000 to repair, based on a contractor’s estimate.

Russell said his officers wanted to make sure everything was safe because there was a lot of damage. Kangas said that when his deputy arrived, he allowed Stiffler to leave the home.

Stiffler also said she felt like police “were purposefully keeping me in the dark.”

Russell acknowledged that there were “poor communications” between officers and Stiffler. “She’s right. She should have been informed earlier,” he said.

Officer’s Breath Test Administered by Co-Workers After Crash is a post from Cop Block – Badges Don’t Grant Extra Rights