https://www.google.com/amp/s/www.wfsb.com/news/black-hog-brewing-settles-lawsuit-with-woman-injured-in-crash/article_19f091de-371c-11ea-b17f-7344f1cedebb.amp.html

Happy birthday Leon82

Thanks mang

I went to high school with John. That was 20 years ago. He was a good guy. Sucks all around. Also rowed with the Brew master at black hog.

"At the time of the crash, due to the extent of McDonald’s injuries, he was never given a sobriety test. He was taken to the hospital.

Once at the hospital, he refused treatment, which included the blood test."

For which his DL will automatically be suspended.  The prosecution can still go ahead.  Then he will have an IA investigation.

Attached File

If you read the highlights of the investigative process that are detailed in the affidavit supporting the arrest warrant application, one of the things that is very apparent is that this was not a situation where alleged misconduct was swept under the rug. CSP intended to begin investigating him that night at the hospital- but he left without treatment and before additional troopers arrived (the trooper who was with him for peer support shared that information with the investigator promptly).

There were suspicions of his impairment on scene- 1. An off duty Oxford fire fighter made a statement that he was "hammered" to the first responding Southbury Police Officer, 2. The first responding Southbury Police Officer made observations of his behavior and thought that he might be injured or intoxicated, 3. The first responding Southbury Police Officer moved on to provide assistance to others, but did look into his car for alcohol containers, 4. Another Southbury Police Officer didn't smell alcohol from him but also suspected intoxication (possibly by something other than alcohol). The EMS run sheet reflected that McDonald was on medication, Zoloft. As a lay person, I think that I understand why they sent him to to the ED instead of first conducting a DUI investigation. His claimed injuries (on scene) were a headache, and neck/back pain, with some observed facial lacerations. (EMS described his primary complaint as lower back pain from an MVA.) (incidentally, he did tell a witness, who also suspected that he was intoxicated, and who later gave a statement, that he was "fine".)

Despite that recognition, I can't help but wonder if there wasn't anything further that responding/ investegating LE could have done that night to further a more immediate DUI investigation. I would like to believe that they were trying to play it safe and make sure that any charges that were brought stuck.

Let's read those events a slightly different way. Police officers on scene suspected that he was intoxicated by did not perform a DUI investegation. Instead they allowed EMS to assess him for injuries and transport him to the ED. He left the ED before receiving "any detailed treatment." The trooper who was with him was there for personal support. Based on information in the affidavit supporting the arrest warrant application, it would be reasonable to suggest that he left to avoid additional officers who were going to come to his location (i.e. the Waterbury Hospital ED).

I question your conclusion about the license suspension. Remember the predicates for the test that identified in 14-227b. Also, think about the four questions that are considered during the administrative hearing surrounding a suspension for test refusal (that occurs if the defendant requests to appeal the suspension). In case you have forgotten them, I am going to stash an excerpt from 14-227b(g) in the little quote box below:

I'll give you a hint: They did not  ___________________  him that night. Instead they conducted an investigation first and later applied for a warrant to do so.

So.... we investigated ourselves and Have come to the conclusion that we have done nothing wrong and neither did he ....meme?

Nope. I believe that they placed priorities on assessing the injured and getting them to treatment facilities before starting to investigate the possibility that he was intoxicated. Prioritization if you may. Unfortunately, the way that it worked out, I believe that he was able to take advantage of the situation, initially- however as we know, he ended up getting charged- so clearly that didn't work out for him. Clearly, nobody is pulling a cover-up for him. Quite ironically, one of the things being used against him is the repetitious statements that he made regarding his position to the second Southbury officer whom he interacted with.

I wonder if the bartender tried to cut him off at some point.

The affidavit from the arrest warrant application said that none of the employees at the brewing company remembered him being there "nor did they identify anyone 'who appeared impaired, intoxicated, or obviously having any issues." He was last served about an hour before being  last seen on camera (he placed his last order at 5:55 PM, for 3 pint glasses of beer. At 5:57 he attempted to pick up all 3 to bring them outside. He knocked one over. It was replaced. Another person helped him bring them outside. He was last seen at 6:54 leaving through the front door. He almost walked into a table while doing such.)

Didn’t that officer state that he believed the trooper was drunk at the time of the incident?
Didn’t some other troopers pick him up from the hospital?

It is unfortunate that is even a consideration.  The person drinking is responsible for their behavior.

What next, will they charge cell phone companies for selling cell phones to people that text and drive?

This country has gone crazy.

I agree but that's what the suit was probably over.

According to the affidavit supporting the arrest warrant application, the officer whom he made the repetitious statments about his job title to
When medical personnel arrived to evaluate Mcdonald, he went to the wooded area to assist the other individuals who were injured.

The affidavit from the arrest warrant application includes a quote from his medical record by one of the ED nurses about how he left the hospital:

The fourth count of the civil suit (which is the one that was brought against the brewery and its owners) made an allegation that Mcdonald was served alcoholic beverages while visibly intoxicated- in violation of Connecticut law. It also referenced the result of the alcoholic beverages sold to Mcdonald.