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Struthers police officer charged with OVI awaits word on license



Published: Sat, October 20, 2012 @ 12:05 a.m.

By Jeanne Starmack

starmack@vindy.com

STRUTHERS

An arbitrator heard arguments Friday over whether a fired Struthers police officer should be reinstated, and the officer may learn soon whether his driver’s license will be suspended.

The Ohio Patrolmen’s Benevolent Association requested the arbitration for Daniel Lamping, a seven-year full-time member of the city force who was fired in July after an arrest on a charge of operating a vehicle impaired.

Lamping had filed a grievance, saying the city didn’t have just cause because he hasn’t been convicted.

Struthers Mayor Terry Stocker said Friday that the arbitrator will give a decision in January. Stocker said he cannot discuss what took place at the hearing.

Lamping pleaded innocent to OVI at his arraignment July 19 in Mahoning County Area Court in Boardman. His next court appearance is set for Oct. 30, when the court might rule on a suspension of his driver’s license. He has driven without restrictions since his arraignment, when the court granted a postponement of an administrative license-suspension hearing.

Lamping was stopped on South Avenue in Boardman late July 16 by an Ohio State Highway Patrol trooper who saw him driving without headlights, court documents indicate. The trooper said he could smell alcohol as he approached the driver’s window.

In Ohio, an administrative license suspension takes effect immediately if a chemical test shows the driver is over the legal limit for alcohol consumption or if the driver refuses a test. If test results show drunken driving, the driver’s license is suspended for 90 days and the driver can be granted limited driving privileges after 15 days. Upon refusal of a test, the driver’s license is suspended for 100 days and he is not eligible for limited driving privileges for the first 30 days.

An administrative license suspension appeal hearing is limited to four issues: whether the arrest was made with probable cause; whether the chemical test was properly requested; whether the arrestee was made aware of the consequences of refusing the test; and whether the arrestee refused the test or tested over the legal limit.

Lamping was asked to take a test and refused, documents say. He also signed a form indicating that he was made aware of the consequences of that refusal.

Martin Hume, the assistant prosecuting attorney in Lamping’s case, said he agreed to the stay as a “due process issue.” He said Lamping’s attorney wanted the ALS vacated, and he would not agree to that.

The court could have denied the appeal for “failure to show error,” had a hearing been held during the arraignment.

Hume said he did not want to discuss his “thought processes” as to why he chose to agree to the stay.

“In the interest of justice, I gave them the opportunity for due process,” he said. “It’s not as unusual as you might think. Most people don’t ask for it.”

Lamping’s Oct. 30 court appearance is a motion-to-suppress hearing, which will also include issues of probable cause for the arrest, Hume said.

The issue of the administrative license suspension could be dealt with at the same time, he said.


Comments

1SemiRetired22(29 comments)posted 1 year, 6 months ago

Man up Lamping. You put yourself in the predicament you're facing and are using the system just like the folks you have pinched in the past. You blew it and must be punished.

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2aconstituent(193 comments)posted 1 year, 6 months ago

We need more drunk people driving-especially cops! Punish him to the fullest extent of the law.

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3dawn421(264 comments)posted 1 year, 6 months ago

So he has been driving since this after refusing a breathalyzer? Isn't that automatic on the spot suspension? NO PRIVILEGE EXCEPT IF YOU A COP?????? WTF?

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4southsidedave(4709 comments)posted 1 year, 6 months ago

Why should Lamping receive special privileges? Book 'em Danno!

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5WilliamSwinger(341 comments)posted 1 year, 6 months ago

@dawn421

you / you're

Look up the distinction.

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6zebratank2006(16 comments)posted 1 year, 5 months ago

Stocker...that's funny how you cannot discuss this. Can you discuss how crooked you are??? If you cannot comment...who can on your behalf? The safety service director Ed Wildes who is a JOKE!!! Or the city's atty Esposito who is even a bigger JOKE!!! You make Struthers look bad!!

@southsidedave, please tell me what these special privileges are because it doesn't appear to me that Lamping is getting any? Do some research before you post comments with no credibility.

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7dawn421(264 comments)posted 1 year, 5 months ago

Hey William get a damn life and stop trolling to see what I post. You said nothing of worth here about the actual article. Dumbass

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8WilliamSwinger(341 comments)posted 1 year, 5 months ago

@dawn

Such a vile, foul-mouthed liberal. See folks? This is the modern left- intolerant, hate-filled, foul-mouthed, uninformed, bigotry, hypocrisy. We have to make sure to reduce the ability of the left to influence or control anything. They have ruined everything they have touched.

Dawn, what are you so angry about? Is it the insecurity that comes from poor grammatical skills and lack of education? Who knows but one has to wonder since you seem unable to express your thoughts and feelings without resorting to pejoratives and expletives.

Make sure you vote Romney by the way. Did you know that under O-Blame-Bush-For-Everything we have these things occurring?

-Al Qaeda is ALIVE
-Gasoline prices up 250%
-47 million on FOOD STAMPS
-Grocery prices up 15%
-16.2 trillion dollars in DEBT
-MILLIONS left the labor force
-43 months of 8%+ unemployment
-Income down 8.2%
-Ambassador DEAD
-Benghazi cover up.
-Fast n Furious cover up

King O-Blame-Everyone-Else has to GO!

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9dawn421(264 comments)posted 1 year, 5 months ago

You are an over inflated windbag.

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10WilliamSwinger(341 comments)posted 1 year, 5 months ago

@dumb421

There should be a hyphen in there, such as "over-inflated."

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11dawn421(264 comments)posted 1 year, 5 months ago

my point is proven.

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12WilliamSwinger(341 comments)posted 1 year, 5 months ago

As is mine.

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13dawn421(264 comments)posted 1 year, 5 months ago

So i guess you see nothing wrong with this man still driving after refusing a breathalyzer? I am only asking because you never commented on the article, you just troll the vindy sight to see what i post and make rude remarks.

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14WilliamSwinger(341 comments)posted 1 year, 5 months ago

@dawn421

No way. We absolutely agree on this dude. What a scumbag. I hate the whole attitude that the rules are for us little people and the authorities don't have to obey them. I hate that. This guy is supposed to be a model and set an example. He should be fired and sentenced harshly for the OVI.

I'm glad you and I can exchange ideas without resorting to being unkind.

I do not follow you purposely. I thought you followed me. I have a link to my own commentary page and go back daily or so and look at the articles where I commented so I can follow up. It is just a coincidence that I see you around.

Notice I made no rude remarks. I won't be rude if you aren't. Deal? Fresh start? We can differ and express those differences and still be civil to each other. I would enjoy that.

Have a good night!

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15dawn421(264 comments)posted 1 year, 5 months ago

@William. Thank you for the comment, I truly appreciate you not name calling. When I got home today from my chemo I appreciated reading this. Maybe now that I have outed myself you will be more tolerate and kind?

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16WilliamSwinger(341 comments)posted 1 year, 5 months ago

@dawn421

You're welcome Dawn. I am glad we started seeing each other as human beings instead of just words on a page. I will be more kind for just that reason too- that I see now more than before that you are a human being and unkind words hurt. I will be even more committed since I understand more your challenges as a human being.

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