“He Did Not Pass It”
December 14th, 2006 by Maria EvansState Representative John Atkins failed the preliminary breathalyzer test given to him in Ocean City, MD, on October 28, 2006, the same night he was charged with offensive touching in Millsboro.
Sgt. Collier from the Ocean City Police Department said, “He did not pass it.” The officer went on to explain that officers are given the discretion to decide how to handle impaired drivers and that a preliminary test can not be used as evidence in court. Representative Atkins was allowed to get a ride home that evening.
When I spoke with the Representative he said, “I was never given a field test, and the officer said I could go.” Mr. Atkins also indicated that he was never told by the police whether or not he passed the test.
Atkins lawyer, John Brady, pointed out that the preliminary tests can be affected by a number of factors and are not admissible in court. Mr. Brady also told me that he did not have a copy of the Ocean City police report.
“John Atkins has taken responsibility for his actions,” said Brady.
Representative Atkins is under the lowest level of probation for up to one year while he undergoes counseling for domestic violence and anger management.
December 14th, 2006 at 8:04 pm
I doubt I would have been given the chance to find a ride home if I failed. Doesn’t seem fair to me. I guess it it depends on who you are.
December 14th, 2006 at 8:38 pm
“John Atkins has taken responsibility for his actions,†said Brady.
…and it seems as if he has.
And besides, this test was in the state of Maryland…why would they care who he is/respect his position in a state that he is just another person in ?
December 14th, 2006 at 8:40 pm
The Ocean City Police story has not been consistent from their end. Three weeks ago, their own public info officer stated that Rep. Atkins did not appear to be over the limit. That was the official spokesperson for the Department who gave out that information to the media. And he/ she would have that from someone on the scene, they wouldn’t just say that type of thing without some factual basis….Now, a different story??
Folks continue trying inflame this whole incident.
Let it rest. A mistake was made, and the justice system has dealt with this.
Let the Rep. do his probation and get on with his life with his family.
We are all human. I offer my prayers and support to anyone who makes a mistake and works to get back on the right path and make things right.
December 14th, 2006 at 9:21 pm
I’m getting really tired of people trying to invent a conspiracy about this. The story stated: “Sgt. Collier from the Ocean City Police Department said … officers are given the discretion to decide how to handle impaired drivers.” The OC cop made the call and Atkins did what he was told. Nothing improper or preferential about that. Later that night, Atkins didn’t get any special treatment when he was arrested and he didn’t get any when he was sentenced. He screwed up and he went on WGMD the very next morning to admit it and take questions from the public. He may not be perfect, but he’s been totally above board about this whole thing. It’s little wonder that so many seats go uncontested in this state when good elected officials are pilloried for relatively minor transgressions.
December 14th, 2006 at 9:29 pm
Auraman may have no taste but he does have a point.
Atkins stood up for his actions…not run for cover. He took hs punishment and now deserves to be left alone to live his life.
Besides, he can’t help it if Barney Fife is now running the OCPD and can’t get the story straight.
December 14th, 2006 at 10:19 pm
Isn’t this about the time when Dan Gaffney should step in to defend Atkins?
December 15th, 2006 at 7:21 am
Didn’t Adkins say on the radio the next day that he hadn’t been drinking? Or that alcohol wasn’t a factor?
December 15th, 2006 at 11:05 am
As stated on WGMD radio show , hosted by Dan Gaffney: Defendant John Atkins accompanied by his Attorney John Brady and the victim Heather Atkins: John Atkins stated: ” There was no alcohol involved, just a situation, a long day. I left early that morning to go to Newark……..”
I wonder if Maria Evans has the wrong night in question or that Ocean City Police are talking about a different John Atkins. I find it hard to believe that Mr. Atkins would get on a local radio show and lie. I wish this were clarified.
December 15th, 2006 at 11:21 am
OCPD indicate it was the same Atkins, and his stop was indeed earlier that same day.
December 15th, 2006 at 5:24 pm
I find it hard to believe that Mr. Atkins would get on a local radio show and lie. I wish this were clarified.
Sounds pretty clarified to me. What do you believe now?
December 15th, 2006 at 9:36 pm
Maybe the appropriate question was not asked: the caller asked if “alcohol was involved” …admin edit… -
Maybe the right question would have been- ‘Had you been drinking on the evening in question’?