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Off-Duty Officer Charged With DWI In Franklin NH

Video: Officer Charged At Franklin Sobriety Checkpoint

FRANKLIN, N.H. -- An off-duty Newbury, N.H., police officer was arrested over the holiday weekend at a sobriety checkpoint in Franklin.

Police said Cpl. Brad Wheeler was driving on Central Street when he came to the checkpoint. Police officers said he acted as though he had been drinking and then failed a field sobriety test.

"I can only assume he saw the signs," Franklin Sgt. Lisa Carter said. "His options to turn off were obviously not used."
Under state law, a court has to approve a sobriety checkpoint, and police are required to give drivers an alternate route if they don't want to travel through it. Police said Wheeler chose to pass through and was waved into a strip mall.

"It's just a conversation with the motorist," Carter said. "If there are any signs that involve intoxication, he is moved into the Stage 2 area."

Police said after Wheeler failed the sobriety test, he was arrested, his car towed and he was put in a police holding cell.

The Newbury police chief wouldn't comment or say if the arrest has affected Wheeler's job. Residents said police should be held to the same standards as others.

"They are human. They make mistakes," said Vicki Warner, of Newbury. "But they still need to face the consequences."

Some residents said they have had good experiences with Wheeler.

"I have always known him as a great person," said Kelley Santti, of Newbury. "I've seen him in town as a police officer around here."

Franklin police said that while Wheeler did inform them he was a police officer, but he did not try to use that to get out of the DWI.

This was Franklin's first sobriety checkpoint in 18 years. Police stopped 213 vehicles and made 10 arrests, five for DWI.

http://www.wmur.com/news/17383371/detail.html
 

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whats the point of a checkpoint if operators are given notice to turn off here if you dont want to participate in the checkpoint?
 

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whats the point of a checkpoint if operators are given notice to turn off here if you dont want to participate in the checkpoint?
The requirement came out of a case (I don't recall the name right now) where someone sued after being arrested at a checkpoint. As I recall, it had something to do with saying that checkpoints without an alternate route were unconstitutional. Most depts. I know usually have a few officers posted around the perimeter area, watching for those who seem to go out of their way to avoid the checkpoint.

Kinda funny though, when you think about it... Besides being stupid and reckless enough to be OUI, you gotta be bottom-of-the barrel stupid to be OUI and drive into a checkpoint!
 

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" Police said after Wheeler failed the sobriety test, he was arrested, his car towed and he was put in a police holding cell."

+1, I would hope he was intoxicated beyond all help and screamed at motorist. Other than that FU liberals of Franklin, NH and my brothers/sisters of that town!!!!!!!!!!!!!!!!!!!!!
 

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whats the point of a checkpoint if operators are given notice to turn off here if you dont want to participate in the checkpoint?
They use to have to do that in Massachusetts, now the police supervisor in charge of the check point has to write out a formal plans (document of several pages) before the check point even begins. The document has to be official and pertain who will be, how many and what number of MVs will be stopped during their check point. It must be followed to the strick letter of plans or all goes bye bye in court.

Personally I think check points are real wast of money to the tax payer. They dont work in my opinion. However if a police department gets OT for it, all the power
 

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The requirement came out of a case (I don't recall the name right now) where someone sued after being arrested at a checkpoint. As I recall, it had something to do with saying that checkpoints without an alternate route were unconstitutional. Most depts. I know usually have a few officers posted around the perimeter area, watching for those who seem to go out of their way to avoid the checkpoint.

Kinda funny though, when you think about it... Besides being stupid and reckless enough to be OUI, you gotta be bottom-of-the barrel stupid to be OUI and drive into a checkpoint!
wait a minute. if its a requirement that they provide an alternate route, how can they then pop people who choose to take the other road. that has to be illegal.

heres a thought: imagine a person was stopped for taking the alternate route. now they normally would have gone straight, but due to the actions of the police they did something else. they would not normally have gone right. in doing so, they were subsequently arrested for a violation. now i understand that this theoretical person was arrested for dui, not an illegal right hand turn; but they did something they wouldnt not normally have done after being induced to do so by a member of the police department and was then arrested. how is that not entrapment?

wouldnt profiling also come into play here if they stop everybody that turns to avoid the checkpoint?

note: i dont condone or participate in drunk driving. just a friendly discussion on the constitutionality of dui checkpoints.
 

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You can't pop someone just for diverting their course and taking an alternate route, but you can pay a little extra attention to them until you find PC...burned out tail light, rolling through a stop sign, failure to signal, etc...
 

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A true brother wouldn't endanger lives by being OUI to begin with.
Unfortunately for me I guess I am bias with a fellow brother. In this line of work there are a number of reasons why anyone of us could fall prey to having one to many and then making the mistake of getting behind the wheel.

The first rule of fight club is......
 
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You can't pop someone just for diverting their course and taking an alternate route, but you can pay a little extra attention to them until you find PC...burned out tail light, rolling through a stop sign, failure to signal, etc...
I dunno............. How many "pre-text stops" can you get away with out of motorists utilizing the "alternate" route ??????? If that were the case, it wouldn't be long before the libs starting trying to do away with checkpoints...........
 

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You can't pop someone just for diverting their course and taking an alternate route, but you can pay a little extra attention to them until you find PC...burned out tail light, rolling through a stop sign, failure to signal, etc...
That's exactly what happens. They just get a little extra attention. Not everyone who avoids the checkpoint is stopped, or followed for that matter.

Unfortunately for me I guess I am bias with a fellow brother. In this line of work there are a number of reasons why anyone of us could fall prey to having one to many and then making the mistake of getting behind the wheel.

The first rule of fight club is......
You could use that justification for a number of professions. You don't get drunk by accident (i.e. "fall prey to having one too many"). Getthing behind the wheel isn't a mistake, it's a choice - a very poor choice if you're intoxicated.
 

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Call me old school but thats not the way to take care of a brother Officer
- I immediately thought he must have loudly, repeatedly and argumentatively bellowed 'don't you know who I am?' statements, and refused a quiet alternative arrangement... quickly drawing attention from civilians and others, leaving them no other option?
 
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