A Denver police detective is appealing a 92-day suspension for drunk and careless driving after he ran his motorcycle into a telephone poll while off-duty.
On February 11, 2010, 52-year-old Michael Lemmons lost control of his bike and slid into a pole. The accident, which occurred around 1:20 a.m., left Lemmons with a head injury and broke every bone between his shoulder and hip on his right side.
Due to the head injury, Lemmons does not remember anything about the motorcycle accident, including where he was coming from.
Cpl. Danny Dunn, a member of the DUI unit, first encountered Lemmons at Denver Health Medical Center. Dunn told a Civil Service Commission hearing officer that he smelled “a strong odor of an alcoholic beverage coming from his breath.” When Dunn asked Lemmons if he would submit to a blood test, he pointed out that refusal would cause Lemmons to lose his license.
“He shook his head no,” Dunn said. He asked a second time, and Lemmons refused once more.
Lemmons’ refusals led Dunn to fill out a criminal summons and complaint against Lemmons.
The Denver district attorney’s office refused to prosecute Lemmons, though, claiming a conviction would be unlikely. When Dunn failed to show up at the Division of Motor Vehicles hearing on the license revocation, Lemmons was able to keep his license.
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