AZCOPS saves another career

(Posted: Sept. 5, 2009)

By Martin Bihn
AZCOPS General Counsel

One of our members, a police officer in the Phoenix area, recently had a close call, and AZCOPS stepped in and save the officer's career.

Not too long ago, our member had suffered a debilitating back injury. After surgery, the officer returned to duty but continued to suffer significant and ongoing pain.

The officer's physician prescribed pain killers and other medication to the officer. For months, the officer took all medications as prescribed -- before, during and after duty.

Several months ago, the officer drove a patrol car to the range for yearly qualifying. After shooting very well and requalifying, the officer returned to the patrol vehicle and began to drive to the station.

On the trip back to the station, the officer lost consciousness. The patrol vehicle went off the road and crashed into a ditch. Fortunately, the officer was relatively uninjured.

Investigating officers from another jurisdiction began to suspect impairment and initiated a DUI investigation. In short order, our member was arrested and taken to a hospital for a blood draw. While the BAC came back at 0.00, the toxicology screen revealed the presence of pain killers. The officer was charged with DUI and immediately made the call to AZCOPS Legal for assistance. because this was an on-duty criminal issue, AZCOPS Legal stepped in to defend the officer.

The officer's employing agency dealt with this situation in a very professional and profoundly empathetic fashion. Instead of crucifying the officer, the agency sent the officer for employee assistance and then reveiwed the medical evidence. The agency recognized that the blood level of the pain killers was within therapeutic levels, i.e. the officer was taking the medications as prescribed. The officer was placed on light duty while the criminal case made its way through the courts.

In reviewing medical evidence, AZCOPS Legal discovered that medical tests on the officer revealed hypoglycemia at the time of the accident. AZCOPS hired two expensive medical experts to review the case. The experts offered opinions regarding the officer's medical condition and reported that the officer lost consciousness and crashed due solely to the hypoglycemia. The experts ruled out the pain killers as impairing the officer in any fashion.

Armed with the expert opinions, AZCOPS Legal turned up the heat on the prosecution. After prosecutors reviewed the medical and expert evidence, they realized that the DUI charge could not be sustained and dismissed the case.

Once again, AZCOPS stepped up to protect a member. Here, absent AZCOPS Legal and AZCOPS' ability and willingness to hire experts, our member might very well have lost a promising career.