In Maine, you need a blood alcohol of .08 for a drunken driving conviction. The Auburn mayor had an alcohol level of much less than .08.
Why was he not prosecuted for a lessor charge of driving under the influence, reckless driving or whatever other charge might be appropriate in Maine?
You can be convicted of a charge if you’ve only had one beer, it depends on what happens when you start driving your vehicle. The minute you take a drink, you become under the influence, it’s just it effects people in different ways. The mayor, I believe, said he had three beers. Is that enough to alter your reflexes and judgment? Absolutely.
In my younger days as a patrol officer, I was involved in many cases where the defendant was convicted of a charge other than drunken driving, with a blood alcohol of less than .08. If the arresting officer in Auburn wrote a proper report that included the probable cause for the vehicle stop, subsequent tests, personal observations of the mayor, etc., I find it hard to believe the mayor couldn’t have been prosecuted for a lessor charge. Convicted, who knows, that’s up to a judge or jury.
I do know, doing it the ethical way would have prevented a lot of headaches now and in the future. It will never be the same between this police department and this mayor. Never. Do they need a good working relationship? Absolutely, just ask the chief.
Wayne D. Chandler, Norway
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