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No DUI charges filed in crash involving former Titusville police chief
The former police chief of Titusville was fired after a single-vehicle rollover crash in which officers reported finding alcohol inside his vehicle, but the Florida Highway Patrol said it will not pursue DUI charges because troopers determined there was insufficient evidence of impairment.
Questions are being raised after the Florida Highway Patrol revealed it would not file criminal charges against now-fired Titusville Police Chief John Lau after he crashed – and rolled – his city-owned vehicle earlier this week.
FHP also confirmed that it did not start a possible DUI investigation, despite Titusville Police Officers finding a closed Ketel One bottle of vodka in the chief's vehicle, a metal cup that reportedly smelled like alcohol, and officers reporting a slight slur in the chief's speech as he was being loaded onto a stretcher and into a waiting ambulance.
FHP: Trooper arrived 60 minutes after crash; no signs of impairment observed
A FHP spokesperson told FOX 35 that the crash happened within the Titusville Police Department's jurisdiction, but because the Titusville Police Chief was involved, officers deferred the case to FHP.
It took more than an hour for the FHP trooper to arrive at the crash scene. By that time, Chief Lau had already been loaded into an ambulance and taken to the hospital, FHP said.
By the time the trooper met with Chief Lau at the hospital, the trooper said he did not observe any signs of impairment, which meant there was no probable cause to launch a potential DUI investigation.
FHP closed the crash investigation without any charges being filed.
FHP: Vodka bottle, metal cup not enough to start a DUI case
According to notes from two Titusville police officers at the scene, a bottle of Ketel One vodka was found in the chief's vehicle. It was closed, but roughly ¼ of the vodka in the bottle was missing. Titusville Police described it as "partially consumed."
Officers also found a metal cup that smelled like alcohol, the chief's two cell phones, and his gun in the vehicle, according to the officers' summary reports.
TPD officers also took photographs of the vodka bottle, crash vehicle, and damage.
A spokesperson for FHP said its troopers have to respond to any crash site first, process that scene, account for injuries, and then start a DUI investigation, if suspected.
Just having alcohol in the vehicle is not illegal and not enough to launch a DUI investigation, a spokesperson for FHP told FOX 35. Yes, someone could be cited for open container, the trooper said, but no tickets or citations have been filed against the former chief.
That's also why FHP did not request Lau take a breath test or a blood draw.
FHP did not take any pictures of the crash
FHP's trooper did not take any photos at the scene of the crash.
An FHP spokesperson, citing policy, said troopers do not have to take photos of a crash site unless there is serious bodily harm. The FHP trooper did note in the crash report that there was a bottle of alcohol found in the vehicle, the spokesperson said.
That crash report was not immediately available. FHP said it would be available in 10 days and that FOX 35 would have to file a public records request to receive it.
Titusville Chief fired for violating city policy, not a legal issue
The City of Titusville and Titusville Police Department said former Chief Lau was fired for violating city policy by refusing to submit to an alcohol or drug test following the crash.
Reports: Former chief had to be pulled out of the vehicle
According to the City of Titusville and Florida Highway Patrol, Chief Lau was driving an unmarked Titusville Police Department vehicle in Brevard County, when he drove off the road, causing the vehicle to roll multiple times.
FHP said the crash happened around 11:30 p.m. near Berna Avenue and River Oaks Drive. Lau was taken to the hospital with non-life-threatening injuries.
One of the first Titusville police officers to arrive on scene noted that the vehicle was on its side, that Chief Lau was still in the driver's seat, and that he had to be extricated from the vehicle.
What they're saying:
"This is an extremely unfortunate and avoidable incident," said Acting Chief Tyler "TJ" Wright in a statement. "Thankfully, no other innocent parties were involved, and no serious injuries were sustained."
Who is John Lau?
Lau served more than 30 years with the Titusville Police Department, starting on patrol in 1992 and steadily rising through the ranks to become chief in 2013.
He earned several recognitions throughout his career, including officer of the year, supervisor of the year, and detective of the year, according to his online bio.
The Source: The information is from the Titusville Police Department, City of Titusville, and Florida Highway Patrol.