Top DUI cop charged in crash that hurt 10

PEKIN, Ill. - An off-duty central Illinois police officer honored two years ago for cracking down on drunken driving has been charged in an alcohol-related crash that injured 10 people.
Greg Heiken, 37, a 13-year veteran of the El Paso police department, was charged Tuesday with driving under the influence of alcohol, aggravated DUI and failure to reduce speed to avoid an accident.
Heiken, honored by the Illinois Department of Transportation's traffic safety division in 2004 for making the most DUI arrests in Woodford County

• Rear-ended an SUV, triggering a chain-reaction crash.
• Two people had to be extricated; no life-threatening injuries.
• Refused Breathalyzer, so authorities drew his blood.
• Faces up to three years in prison on felony aggravated DUI.

Hat tip to reader anon123!

Comments

[G]

Be wary those who doth protest too much.

[bh]

hmmmm

[JC_in_KC]

Where is everyone defending his civil rights. Sounds like an illegal blood draw. He refused the test.

[Nick]

Forced, self incrimination has been around for quite a few years now. I must admit, I am a bit surprised to find it so blatant outside of prison already.

[candacemc72]

Just another case of the law only applies to some people. Truly sad a man in charge of putting people in jail for drinking and driving(and they belong there)is no better than the people he arrests. Too many cops have a do as i say and not as i do attitude. That is a true shame.

[Jay]

Why is it that whenever a police officer, prosecutor or judge gets accused of a DUI, they always refuse the breath test? Interesting, isn't it.

[Nick]

Why yes it is interesting. I'd imagine for the same reason scruffily unkempt ambulance chasers do.

[J D]

You refuse the breathalyzer if you know the law, because you have a better chance of fighting it in court later on than having an erroneous breathalyzer test on record.

If you are arrested for DUI and don't feel that you are over the limit, DEMAND a blood test. Breathalyzers are HORRIBLY inaccurate, and a blood test is the only real way of getting a halfway honest measurement.

[Coop]

Hey i have a better idea. know your limit call a cab call a friend, just don't drink and drive. then you avoid the mess all together. regardless who is wrong. just don't do it. problem fixed.

[fyi]

Coop,
Drinking and driving isn't illegal.
Breathalzers are not accurate.
Know your limit? Sounds to me like a
moving target.

The cop should have all fines and penalties tripled. First a judge and now another cop in one week. Another MADD hero has fallen. Whose keeping those stats?

What a bunch of hypocrites

[Not-union]

It isn't illegal to drink and drive, however, it's not the best idea. It is a better idea to not drive if you've been drinking. Wouldn't that resolve the issue?

[jack]

Another reason for refusing the breathalyzer and demanding a blood test is time. Your liver breaks down alcohol at the rate of about 1 shot or one can of beer per hour. So, by demanding a blood test, the accused guarantees a LOWER B.A.C. than he was actually driving with. Sometimes more than an hour passes before the blood test can be administered. If this guy was still over the limit when the blood was drawn, he must haave been WAAAY over when he was driving.

[JC_in_KC]

Wow was he already found guilty. I find it amazing the ones who preach about all the rights of drunk drivers are the first to condemn a person in authority. Talk about hypocrits

[Reminder - Please remember to sign your comments]

Not-Union -

You are wrong. After you stop drinking you can continue to get drunker for a period of time. It's known as the metabolic curve.

[MIckey Mouse]

People in glass houses shouldn't throw stones, huh!

[Greg]

Nothing new. Cops are ALWAYS considered guilty until proven innocent.

[Not-union]

Not-Union only mentioned not drinking and driving--no mention of limits(except zero).

[chuckie]

At least he would probably still help the federal immigration guys!!! ;-)

[BS Steve]

Hmm,funny a cop gets caught and fights the very same laws he was paid to uphold....

And refuses the breathalizer...Maybe those laws on drinking and driving are not so fair huh????

I guess your veiw changes once you get on the recieveing end.....Thats a hypocrite...

[unnamed assailant]

Jack do you think the blood test lied? More pigshit!

[JC_in_KC]

Did he ever say it was unfair BS. I read nothing about that, so stop making the news. This is not channel 5, is it?

[I Know]

He gets what he deserves, no sympathy from me. I hate drunk drivers.

[Not sure why I Post]

Im guessing the reason he refused the breathalyzer was that in some cases the cops couldnt actually prove he was drunk at the time they stopped him. after the alcohol wore off it was too late to prove otherwise so the cases were dismissed. In this case though it says they drew blood. Can they do that without his permission? Why do I think theres going to be a civil rights case on this one? If he was drunk then nail him, if not then why all the comotion? Still too many unanswered questions.

[BS Steve]

JC_in_KC,

What is wrong with you are truly this naive?

His actions show that he disapproved of it,when he Refused Breathalyzer....

Do you honestly need everything drawn out for you???

No wonder you believe "government" should order people around...I have seen you comments on the "smoking" bans....See another example..No you didnt say it but your actions approve of it....

[BS Steve]

O and it is not "Fawx" either.....

[Apples]

In law you can refuse a breathalyzer but you have no legal right to self incrimination from your blood *they can take it if they need it*. Now if you decline the breathalyzer you guaranteedly lose your license for like 6 months i believe. I study law at school and it is my belief he has no legal right for them not to take blood and cant plead 5th amendment self incrimination against it.

[John Ecklund]

FACT: Any Law enforcement officer or department can legally hold your ass down at the hospital and draw your blood if your involved in a DUI accident,they can also force you to pee in cup or do the catheter up your weenie.

You can thank your Government for that!
Any person or Attorney that tells you different better go back to law school and get your money back.

[bad cop no doughnut]

Wouldn't it be great if the cop who arrested Heiken ended up being the next cop honored by the Illinois Department of Transportation's traffic safety division for making the most DUI arrests in Woodford County?

TYM2

[I Know]

Missouri's new DWI law strongly suggests law enforcement draw blood from ANY driver involved in a serious injury or fatality accident. That means they have the authority to take the blood, without permission, to ensure the driver wasn't intoxicated. No signs of intoxication or arrest neccessary.

Get the feeling people are fed up with intoxicated drivers? I am.

[ptt]

When these people decide to take on the position of government employee/policeman and are entrusted with literally the power of life and death then they should be held to the most extreme/highest level of conduct by the citizenry. He should not be allowed to work as a public servant in any capacity forever after his 5-10 in jail. Harsh but someone has to learn to take responsibility if they're going to weild this absolute type of power!

[signalthree]

You absolutely won't find me defending this guy. No excuse what so ever. Yes, he should lose his job and be held to the same standard as anyone else.

A few things though. In Kansas, you have no right to DEMAND a blood test. The type of test is determined by the officer. Intoxilyzer breath tests ARE accurate, contrary to what defense attorneys and cop-haters may say. A blood test is more accurate, however a breath test will almost always read a few points lower than a blood test. If you agree to submit to whatever test the cop asks you to take, you are legally allowed to get your own test of your choice at your own cost. Total waste of money if you ask me.

Under Kansas law, any driver involved in any accident which causes death or serious injury to any other person, is required to provide a blood sample for alcohol and drug testing. If you refuse, you can be strapped down and the sample taken by force. A search warrant is not required.

And for pete's sake, don't lump all police officers into one category. Every man should stand (or fall) on their own. It is not fair to judge every member of a given occupation by the actions of one individual.

[KC Cicero]

Draconian laws passed to pander to a frightened populace seeking perfect safety in an imperfect world breed both injustice and hypocrisy.

Fear is the most dangerous drug to which a republic can become addicted. Such an addiction can be fatal when the politicians are the most enthusiastic pushers.

Which is truly most deadly to a republic? Slightly more dangerous highways or significantly more intrusive and powerful government? First they came for the drunks....?

[bad cop no doughnut]

Signal Three: And for pete's sake, don't lump all police officers into one category. Every man should stand (or fall) on their own. It is not fair to judge every member of a given occupation by the actions of one individual.

Give me a break, Signal. I asked you some time ago if it was a fellow officer of yours who was not involved in an accident yet pulled over and found to have a smell of alcohol on his/her breath, what would you do? The real answer is, drive him/her home because he has a badge, a gun and your back on the street. Your occupation with the power granted lends itself to corruption so stop thinking your a hero. One has to wonder Signal, how the blue wall of silence has kept the actions of many out of the media. This guy caused a scene and had to be arrested. I’m sure in your mind this is the 1 percentile officer who is driving impaired.

Signal Three: Intoxilyzer breath tests ARE accurate, contrary to what defense attorneys and cop-haters may say.

Intoxylizer results ARE ACCURATE? What you neglect to inform people of is “for the average person”. Please Signal, can you provide a definition of the “average person” for us (5’ 8” – 152lbs man with low cholesterol?). Defense attorney have been trying for years to have access to the code that generates the reading provided by the Intoxylizer in order to DEFEND their clients. We are in America sir. Innocent until proven guilty. Yet, when a defense attorney wants to question the evidence put forth by the DA, the court disallows the request because the code is proprietary. Sounds to me if defense attorneys could pick through the code, a large number of .10’s and below would be thrown out. FYI….I would also vigorously defend a machine or law that is integral to revenue generation for a community / government (and MADD’s pockets). Alas, government is now a business with revenue growth curves, so we don’t want to do anything to stop the flow of free money under the guise of safety now do we?

Finally, I love your “us against them” attitude. Did you ever think it was a cop’s attitude in general that makes people dislike them? I think the 1 in 32 ratio of adults in this country in prison, on parole or on probation says it all. Keep working on that ratio sir. If it gets low enough maybe it will dawn on you the “people” are not the problem. Eventually, everyone will need a badge and gun if they want to stay out of the legal system.

[Josey Wales]

BS STeve,
Every time I read one of your posts I want to puke-

I hope the city of Raytown turns off the heat to your trailer.

[DAve]

He is a cop. He will get a light sentence and will more than likely keep his job. Even if they take his license (unlikely). If you are did this, we would be screwed.

[Lawyer John]

FYI -

Not knowing the exact law in Kansas - most states get around the "self-incrimination" issue in the following way:

The state legislature will pass a statute that defines "consent" for the purposes of alcohol and drug testing. Most commonly, it is the act of driving on the roads itself that constitutes consent. So, by driving on city streets with a license, you "consent" to a breathalyzer and in some states a forced blood test.

Therefore, you have already waived your defense of "self-incrimination" through control of your blood.

As stated above, some states only do this for injury crashes, but I would be willing to bet your prohibitionist state is on the harsh end.

Nice! You learned your 1 thing today before you even began to work!

Huzzah!

[jpbikerfreak]

signalthree,

I'm sure there are good cops out there. In fact I have a *few* friends who are cops. However, I can tell you story after story after story of bad ones abusing their power.

It is unfair to lump everyone in together, but the frustration we feel toward the abuses of law enforcement sometimes is unbelievable.

I personally have decided to sue them for my latest incident.

[jpbikerfreak]

KC Ciero,

WOW I love that quote! Do you have a poster or t-shirt? I'll buy one.

[Brandon]

I hope he gets the maximum sentence possible if nothing else for his hypocrisy

[John Prock]

KC Cicero, don't drive with your pals and then philosophize at the bar. It will drive everyone around you to drink, and you will have to become the designated driver.

[Charles Elam]

How Ironic?

I hope he gets thrown in Jail and loses his job!!!

[What A Country!]

Why must we pretend that employees of the legal system do not abuse their power. Of course they do! Which is why we never hear of police officers being charged for DUI unless they are in an accident. The hypocrisy is disgusting, and unless you have a badge, you have no choice to to swallow it. Drunk driving is wrong, but it is insanely prevelant! And police do it too. Catching drunks on the road has become a witch hunt. The fact is that DUIs make an insane amount of money for local governments, and the people arrested for DUI suspicion rarely create a threat during an arrest. It's easy money and it's usually threat free. If you are in law enforcement and you are convicted of breaking a law, you should automatically lose your job and receive the harshest sentence allowed from sentencing guidelines. That would make the corruption and hypocrisy a bit more palatable. Officers are supposed to be role models and to serve and protect. When they prove they do not meet these standards, it should be over. "The court finds you guilty. You will receive the maximum penalty. Oh....and you're fired."

[In the know]

For "What a Country." You never hear about police officers getting charged with DUI because you aren't paying attention.

In Missouri alone, look here:

http://www.oa.mo.gov/ahc/pages/recent.html

Go month by month and see all the bad boys (and girls) in all the professions.

What does it mean? A cop gets a DUI and has to hire KC_Cicero to defend him. Cicero gets him a sweet deal like he can for most anyone. (insert here some kind of disclaimer about Phil's legal abilities)You think the cop just walks like most citizens? Guess again...Then the state yanks away the Cop's license to be a Cop so the cop is out of a job. Sounds like the cops are being held to a higher standard to me. When was the last time a dashboard screw putter inner at the Ford plant got fired or disciplined by Ford for getting a DUI? I'll bet never. Is Steve Shaw going to lose his job as a crappy TV reporter because he got a DUI? I'll bet not... How many of your NFL heroes aren't playing any more because of a DUI. Gee, I can think of one that has at least three under his belt. Still playing...

For "John Ecklund": You sir are a moron. There is no provision in the law to have you catheterized for the purpose of gathering evidence.

The comments above regarding implied consent are correct. You can still refuse the breath test, blood test or urine test. You just might lose your license to drive if you do so unless KC_Cicero can get you off. The only way anyone can hold you down and force a blood draw is if they have search warrant signed by a judge.

Perhaps as a penalty for injuring someone when you have been drinking and driving is to allow the victim and/or family to ram something more than a catheter up your wienie.

And for KC_Cicero AKA Phil Carderella, if we did away with all the Draconian laws of which you speak, what would you do for a living? First they come for the drunks...come on Phil. Was it Shakespeare that said "First we kill all the sleazy defense lawyers?"

[bad cop no doughnut]

In the Know: Then the state yanks away the Cop's license to be a Cop so the cop is out of a job. Sounds like the cops are being held to a higher standard to me.

LOL In the Know. Have you ever heard of a background check to work in any profession other than being a cop? I'm sure a DUI pleaded down to a Reckless Driving has no bearing on the (non cop) guy trying to switch jobs to support his family. Only cops are affected.

In the Know: For "John Ecklund": You sir are a moron.

LOL. Look in the mirror sir. Do you see Mr Ecklund. Probably not. He has intelligence.

[jpbikerfreak]

In the know,

I'll tell you what I'd do with MY life if we could repeal a few of the 14 million pages of laws in this country.

I'd live my life, mind my own business, help my neighbor and work my @ss off, just like I do now. The difference is I wouldn't have to drag dead weight of a overbloated government behind me.

"Government is at best but an expedient. But all government is sometimes, and most governments are usually, inexpedient" -Henry David Thoreau

[Gary]

If I were President this would not have happened! In fact when I am elected I will abolish all DUI laws - there serve no purpose other than to make criminals out of people that would otherwise vote for me and if they are in jail they can't vote...

[Copper]

Where did we go from a discussion of an officer being arrested for DUI to some ignorant person talking about abolishing DUI laws?? I hope that when a drunk driver kills a family member of yours, you aren't upset about it.

Just to clarify... Illinois law says that anytime you are supected of being under the influence and are involved in an accident that causes personal injury, if you refuse chemical testing, the officer(s) can take blood without consent. For anyone in this room that has an Illinois driver's license, when you recived that, you signed your name acknowledging that fact.

[BS Steve]

Josey Wales,

I dont live in Raytown moron....

Just because you are a "redneck" does not mean I am....You seem to like trailors so much,I am thinking you have a very small one...And you are jealous thinking mine is bigger.....LMFAO...Right!!!!

BTW: Maybe this post will make you puke some more!!!!! hopefully..... :P

[Free_Speech]

If there is one thing the current Justice System has become very good at, it's the manufacturing of criminals out of common people to further justify its own existance and make "easy money".

DUI laws have indeed become draconian in the sense they make no distinction between someonemoving their vehicle from the street to the driveway and someone driving 75 down Main street.
Those with the money or connections to post a defense will likely find a way to get off on a technicality, while those majority who can't afford a high-priced attorney will be the ones who get their entire life destroyed by what has been made out to be a "most terrible crime against society".
What disgusts me most is not only how potentially destructive the laws can be (with complete disregard to circumstances involved), but how predatory law has become in that respect.
DUI convictions are indeed "easy money" for local and state government, and they pursue it like an addiction while neglecting or even completely ignoring real criminal activities that do threaten society.

In my area, we have such a ridiculous population of illegal immigrants that it's impossible NOT to notice. Theft and burglary has gone through the roof, and these problems get little to NO attention. But you always know where the local cops are after dark--driving around the college campus actively hunting anyone who "might" commit an alcohal-related offense.

[John Ecklund]

What A Country!

The person who called me a moron is a total ass that does not know what he is talking about, you sir I would like to meet face to face and stick your lame butt in it. I worked many years as a Medic on an Ambulance and scaped up drunks from the road and have wittnessed and have video of blood being drawn for legal reasons by law
enforcement against the dumb a$$ drunks will.
When you commit a felony in a drunk driving case, your DNA is put on file. All Felons now have to have there DNA banked.

You must be a dumb A$$ Cop?

You need to go back to school and get your money back you un-educated waste of human flesh.