Drunken driving charges dropped against game warden... | KXNet.com North Dakota News |
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Drunken driving charges dropped against game warden...Apr 4 2008 3:04PM
Associated Press Riverdale, N.D. (AP) Drunken driving charges have been dropped against a state game warden involved in an all-terrain-vehicle accident in which he suffered head injuries. Forty-six-year-old Kenneth Skuza Jr. is a Garrison District game warden with the state Game and Fish Department. Authorities say Skuza was not on duty at the time of the Feb. 29 incident on Lake Sakakawea but was riding a department ATV. Prosecutors said Skuza's blood-alcohol level was within the legal limit so charges against him were dismissed. (Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 04-04-08 1458CDT |
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This is NOWHERE near enough to convict someone of DUI.
Who owned the vehicle he was is not relevant to the charge of DUI. The fact that this particular criminal charge was dismissed has NO BEARING on any administrative punishment the warden can still receive from the NDGF dept. for "driving government property" after drinking alcoholic beverages. So the "standard" you have said thats been set is meaningless. The standard that the warden must live up to in that regard is department policy.
Warden Skuza was treated like anyone else, in the criminal case. He did NOT recieve unfair or special treatement. No one would have been subjected to a prosecution under these circumstances.
So all you folks that have it out for this man please just get over it and on with your lives. The evidence wasnt there you all can stop crusifying him.
Also this case was origionally transferred to mercer County because the mclean county states attorney Ladd Erickson was on medical leave from his job, all of a sudden he was back to work on this case that he never even pressed charges on and kept the case in Mclean county. I guess its time we let the NDGF dept know how disappointed we are in them that they let off duty employees drink and use state vehicles at the same time, And "YES" wardens are allowed to use taxpayer owned ATV's on personal time.
P.S.
Interesting note:
The Mclean County Deputy that was Skuza's arresting officer suddenly quit his job before the court date after serving more than 20 years with the Dept. as a deputy and took a job that pays half as much with less benefits, If this story don't spell corruption I don't know what will.
DUI's are charged and often disposed through the courts LONG before the blood results come back. This is most typically seen with those who immediately plead guilty. If the defendant wasnt charged to begin with then they wouldnt appear in court to plead guilty. What are you suggesting would happen if the defendant refused all BAC testing? That the charges will never be filed? While prosecutors certainly would like to be able to submit BAC results at .08% or higher (as the law automatically delcares that driver to be intoxicated) as evidence, there is ZERO requirement to do so. There are other ways to prove intoxication at trial. As would be the case in test refusals. In fact even if the test results came back under the "legal limit", convictions are still possible in criminal courts depending on how well imparment can be proven. In Warden Skuza's case ASA Feland determined that there was not enough supporting evidence to conclude a DUI conviction was possible therefore she was dutybound to drop the prosecution. And weather you would like to believe it or not, the "average joe" is treated the same way.
The only place where BAC's are truely critical are in the DOT adminstrative hearings for license suspensions (completely separate from the criminal trial). Because the BAC level determines how long the suspension lasts. High BAC's are longer than lower BAC's. Thats why test refusals automatically result in license revokations.