The Ocean City Police Department’s in the State of Maryland is scrambling to explain why it let a drunk politician off the hook. It is waging a public relations campaign to explain to the public that field sobriety evaluations are relative and not pass/fail. This is testimony that you would never hear on the witness stand from a police officer and should provide excellent fodder for able DUI attorneys in the area.

Maryland Representative John C. Atkins a Republican from Millsboro, Delaware flashed his badge at police during a DUI stop and was not arrested or charged with DUI. A preliminary breath test indicated that he could be nearly double the legal limit. At least in Georgia, these preliminary breath tests are not admissible except for positive or negative for alcohol and the numerical reading should not be used as a basis for arrest but often are to the exclusion of more accurate field evaluations like Horizontal Gaze Nystagmus which when performed correctly under controlled conditions can be highly accurate but rarely is under field conditions. The preliminary breath test showed the Representative had a 0.14 grams blood alcohol level and was reporting swerving prior to being pulled over by Ocean City Police on Coastal Highway near 123rd Street. The Representative indicated to police that he had a few beers.

This is remeniscient of a “My Name is Earl” episode where the local cop lets a washed up actor obviously drunk go stating “its a straight shot to his house after he passes the school.” As the drunk actor pulls off you hear the sound of a school bell ringing and children screaming as they run home and to the bus. It would be funny if it was so sad.

Preferential Treatment? Can anyone say Equal Justice Under Law? A nation of laws not men? Obviously only Democrats can be DUI, Republicans just get self-righteously indignant when they drink or is it indignantly self righteous.

Note: Benefit of Clergy was a legal doctrine of the middle ages in which clergymen and those literate enough to read the bible could avoid prosecution by secular courts and could only be prosecuted in religious courts.

---