I'm a former police chief, a former defense attorney, and a former magistrate. I don't drink, but I used to, and I certainly don't have a problem with people imbibing...as long as they behave lawfully. And, I don't live in Peachtree City. In other words, I have no horse in this race.

I would, however, like to offer a few general comments.

First, enforcing laws is one of the means by which police officers contribute to the quality of life in a community. Enforcment should not be an end in itself, nor, under most circumstances, should it be the only approach to solving problems. If someone were to suggest that an open beer in the hand of a golf cart passenger is not not same as an open container in car in the left lane of I-85, I would not argue the point.

Second, selective enforcement, whether by targetting a particular individual or group, or giving certain people a "pass" is not fair, and tends to breed cynicism and/or minor (at least) corruption. In other words, it is wrong to scrutinize on the basis of skin color, it is wrong to look the other way when a public official does something that would get another citizen into trouble, and, for that matter, it is wrong for a police officer to give a break to off-duty cops he or she stops for speeding or DUI (officers refer to this a "professional courtesy," but it's never seemed very professional).

Third, and last, the very second a person tries to use his or her official position/authority/connections as a way to avoid the normal consequences for his or her behvior is the moment at which the person ceases to deserve the benefit of the doubt, and is the moment at which private behavior becomes job-related and a matter of public concern.

Several years ago, two young police officers in our department got got into some trouble in a bar in Atlanta. One was having marital problems, and was drinking, the other was acting as a friend and designated driver. They got into an altercation with some regulars at the bar, fled when the police were called, and, in their haste to depart the parking lot, did some slight damage. They were detained by the Atlanta Police.

If that had been the end of the story, I would have referred one of them to Employee Assistance for counseling. I might have reprimanded one or both, depending on the facts surrounding the altercation. I certainly would have been inclined to give a break to the designated driver/supportive friend.

Unfortunately, the first thing the two did when they were confronted by the Atlanta Police was to show their badges and identify themselves as off-duty police officers. This led to Atlanta PD phoning one our captains at home, and telling him the miscreants would be not be jailed, if one of us would come and pick them up. The captain quite properly declined, telling Atlanta that we did not see any reason why off duty police officers should be treated differently than anyone else. The officers (and, I am told, the Atlanta officers, as well) were incredulous and indignant.

Soon thereafter, I fired both officer. I took the position that their attempt to use their badges avoid consequences made their conduct job-related, that their inability or unwillingness to accept that they should be held to at LEAST as high a standard of personal conduct as other citizens reflected confusion regarding the distinctions between power, authority, and responsibility.

Can we all agree that any public official who asks, "Do you know who I am?," in order to gain favor, suffers from the same confusion?

Big deal. He had a couple of glasses of wine. .104 from the reports. Easy to get there with a just 2 drinks. If he flaunted the law, that's why he was arrested. I just want the PTC Police to use common sense, that all I ask. Driving 100 MPH in a 40 MPH zone is a more serious crime than driving 60 in a 55.

I've been going to the shows for over 3 years, and have NEVER had a problem. It's not your average Baptist Church Service, but I enjoy the concerts myself.

I did not attend the concert last weekend but I will speak to your comment as to role models... Bernie is a wonderful man, an outstanding city manager, a devoted husband, a loving father and great role model. He and his wife have raised two of the best children in the world, one of which is in Iraq right now while you sit at your stupid computers arguing about his Dad and the choices he made last Friday. Role models? "Let he who is without sin, cast the first stone." I am certain that Bernie will pay for his actions (isn't he already) but can we show some respect for the man that he IS?

I have met and interacted w/ Bernie but did not know all this personal info. I think it is just as unfair that this incident has received so much attention (the mug shot, the reports, etc); as if he had been given special treatment. I hope his job performance is based on the 9 to 5.

I attend concerts at the Frederick Brown Junior Amphitheater and have for several years. I have to ask, what’s going on? Love the acts and I’ve enjoyed the venue’s new look, but who let the drunks out? Maybe that is why so many seats are vacant. I have no problem having a good time, but enough is enough. Some of the obnoxious season ticket holders, especially those who think everyone wants to listen to their drunken rhetoric, need to go. That also applies to some of our local politicians and association members as well (drink up dudes and get the message, you booze you loose!). For you booze hounds that live for the Amphitheater’s Friday and Saturday night drunk fests, you are creating a dangerous environment for everyone concerned (yes, some of us use our golf carts at night). If you drink and drive (golf cart or whatever), this taxpayer expects the cops to put you in jail, period!, regardless of who you think you are. Maybe you just don’t get it! As for the City Manager, he holds a position of respect (can you say higher standard) so he doesn’t need to take that for granted. As for our illustrious Mayor Logsdon and one or more of the city council members, shame on you for not openly expressing support for the law enforcement of this city. Maybe the answer does lie at the Y-Knot Sports Bar (you don’t see many police officers there, do you Mayor). Bottom line, our police officers were placed in a terrible situation, the city manager was violating the law, the city manager was drinking and driving, the city manager went to jail, and the officers did their jobs. Sounds pretty simple to me. By the way, it’s the law! Don’t like it, crawl back under your rock.

Obnoxious, drunk and very noisy audiences, especially from the season tickets holders, has been a long standing complaint and problem at the Brown.

Many say they have not been dealt with because of who they are.

It needs cleaned up. And is a good example of why government should not run such facilities. Meaning the politics of who you are versus providing a good nights entertainment to all.

I have heard many say they want to go but will not go as long as things are this way.

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Keeping it real and to the core of the issue, not the peripherals.

I used to have a season ticket, had one for several years. I dropped it and haven't returned for two reasons. The talent went downhill fast and the preliminary yap-yap from sponsors and stupid door prizes got irritating to me. The second reason was the one that definately made up my mind: it no longer was enjoyable to me since some patrons insisted on trying to eat and drink in a space not big enough to sit in,(made for teenagers) then when drunk, trying to dance in front of their seat and bumping you incessently. Yelling to people across the theater that I suppose they knew. When alcohol and food were allowed into this place it became the same as a NASCAR event, only worse. They have more room at a car race to act like drunken rednecks. Why is it such a secret that if people drink for 2-3 hours they can't drive. What are they supposed to do with the leftovers if they can't take them home? It is all so false. There is no such thing as a designated driver for 90% of the people.(do you want to go home with a drunken spouse?) Also, if the cops arrest everyone they should, they will be silenced, if they don't arrest anyone, it is a wink-wink situation. Grow up, please.

I WILL call you an idiot! You obviously are by the subject of your posting. To suggest it should be legal to operate ANY motorized vehicle while impaired is unbelievably stupid. It doesn't take a high amount of speed or even a heavy vehicle to seriously injure someone....I just hope and pray your family and loved ones never have to encounter an idiot like you on the roadway.
I can only imagine how hard it was for Capt. Pye and Major DuPree to arrest Mr. McMullen. Everyone can make a mistake, but it was obvious this man thought he was entitled to break the law and rules because of his position within the city. GOOD JOB CAPT AND MAJOR!!! Thanks for not showing favortism, especially when it was dealing with the safety of the citizens!!

Just because I disagree with a law does not mean I disobey it.

I simply don't think it should be the same offense (drinking and carting) as drinking and driving. Until it proves to be a problem, I think it should legal.

That said: I don't drink and drive. Never did. And that does it for me on this subject.

but how is it obvious that he thought he was entitled to break the law? the only comment I saw in the reports that supports that accusation is the "Do you know who I am" comment, which was ill advised. Except for that, the reports show that he cooperated with the officers. I didn't get the feeling that he was throwing his weight around at all. Now, i am not suscribing to the above comment that everybody should drink and drive on carts. i'm merely suggesting that giving someone a DUI, which I think carries up to a year in jail (I don't have the statute in front of me) is an excessive charge for driving 25 feet. Why shouldn't we expect that our officers use their judgment and solve the problem without charging him with a DUI?

Also, the only reason the driver only reached 25 feet is because the cops were doing their job and stopped him. Had they let him go, he would have traveled much more than 25 feet with who knows what kind of consequences. I am glad they chose to do the correct thing, THEIR JOB, and stop someone from driving while under the influence of alcohol. The manner in which Mr. McMullen carries himself throughout the court process should reveal just how much favortism he was expecting...he is already off to a good start by refusing the breath test.

From what I read in the report, Mr. McMullen did not fully cooperate with the officer because he refused to submit to the breath test. How is that fully cooperating? And, to ask someone if they know who he is CLEARLY shows he was asking for favortism because of "who he is". If he merely wanted to know if the officer knew his name he could have introduced himself. Bottom line-PTC cops saw drunk driver, made an arrest...the court will have the final say.

First, i'm pretty sure I understand the law better than you do slick. Second, i look forward to you getting a ticket everytime you are going 46 in a 45 and everytime you make a turn without using your blinker. Even more hilarious will be the ticket your kids get when they pick up empty beer bottles of the side of the road. Don't believe me? Check the PC open container ordinance. It is so broad that a boy scout troop picking up old beer bottles and putting them in a truck or a cart is in violation of the ordinance. But you won't mind will you, after all it is the law right? Enjoy paying those higher insurance rates and fines and cry me a river if it is something more serious.

I've followed all of the comments on this and, though I am not a PTC resident, I do have an opinion.

I sympathize with groups like MADD. My wife, children and grandchildren are on the road, and there is always the potential that they will encounter a drunk driver.

But this case reminds me of one that my wife's sister had to deal with several years ago. She and her husband were camping in the north Georgia woods. They had chosen a remote campsite near an unpaved forest road, set up their tent, built a fire, and relaxed together with a couple of glasses of wine with plans to spend the night. Just before dark, they got "spooked" by a vehicle that pulled off and parked, with the occupant apparently just watching them. They hurriedly broke camp and headed for an area where more people were camping, to set up there. They rounded a corner and there was a police roadblock QUITE LITERALLY IN THE MIDDLE OF THE WOODS! The stop culminated in a DUI for my brother-in-law. He swears that he wasn't impaired in any way, but the officer smelled the wine on his breath. This is a guy who had never been in trouble in his life and had a clean driving record. If ever there was a time when someone should have been given a break, this was it. He could have let them go ahead another 1/2 mile or so where they had planned to set up camp. Discernment. It calls for discernment on the officer's part.

The issue has become highly politicized. The legal limit has been pushed down and down. This is inevitable. When you have a group lobbying for stricter rules against drinking and driving, what politician wants to resist it? In the next election he'll be castigated as the guy who supports drunks.

Further, public sentiment has followed suit, so that there is now a great deal of public censure and shame. Indeed, there is a widespread assumption that anyone charged with DUI has a "drinking problem."

But unless something else is going on, a person at the current limit of .08 is not impaired. This limit was set in order to put a wide *hedge* between safe driving and impaired driving.

Your city manager blew a level right at 1.0 if I recall. And, yes, he was on a golf cart. I fully expect that he was stable, rational, and in complete control--and knew it. The legal definition of "drunk driving" does not necessarily conform to the reality.

I just seriously doubt that his actions posed a threat to anyone anywhere.

Writing him a ticket ($100?) for open container and calling him a cab would have been an appropriate decision for more discerning officers.

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"Every time I'm in Georgia I eat a peach for peace."
--Duane Allman

Hey, how about writing the guy a ticket for open container in the park? Because there is no glory in writing anything but big price tickets. Again, go to court on Wed's. & see the cases our PD bring. They trash the Constitution at every turn (as do all PD's). I had one former officer tell me that it is a big joke to the force and the 1 w/ the biggest fine total at the end of the day wins. I know of no other place where you can get a "courtsey" warning for having a day-time driving light out. But this is such a serious crime that in the entire history of PTC there is ONE cart death (non-CWI) . As I recall all the other serious accidents have been kids careening around corners or running down a hill. Hang in there Bernie. This should not be a life changing event. You were smart not to to the stupid human DUI tricks...any of you out there can say the alphabet backwards sober?

It would be interesting to see how many arrests for DUI there have been at the Amphitheater or parking lot over the years. I think the number now stands at 1. Seems amazing that Bernie shold be the one and only arrest for this. I guess no one else has ever left on a golf cart after drinking at a concert. And you guys say PCPD was just doing their job? Give me a break.

When I first followed this story it sounded like a complete set up. After reading the reports of the police, I'm not so sure.

Although it does appear that the police paid extremely close attention to the city manager's movements of the night, his conduct seems bizare. Although some of the reports appear somewhat structured, the lower ranking officers who seem to not want to get involved in the outcome, paint a picture of a man who had too much to drink. Worse yet a man who was willing to rub it in the face of the police he thought he outranked.

Moral of the story: If you're in a war with the police over their budget don't drive by them with a glass of wine in your hand and frumpled clothing. You're flaunting your position without good legs to stand on.

Right you are - Don't piss under the tent unless you are sure the people in the tent are on your side. In this case - no, they weren't

Give me a break.. Don't the cops have anything better to do?

Next, they'll start arresting people on their lawnmowers.

There was a time in this city when people actually knew what was expected of them while operating a cart. When you are on the streets, you are suppose to obey all traffic laws like you were driving a car. The paths are no different. My brother was in a cart accident several years ago. He had to have 23 stitches in his knee. This man was drunk and did not need to be behind the wheel of any vehicle, no matter what his position is in this city.

I have not attended any events at the Fred since they started having the concerts. If this is nothing more than middle aged people getting hammered, what is the point?

and I certainly DO NOT want someone drunk on a golf cart on these same paths that my kids are on. Way to go PTC Police! I don't care WHO you are, if your drunk, your drunk and should be delt with like everyone else!

Hey amomof3 Have you seen teenagers (kids)driving carts? I would not even bring kids on the paths into this. Do you drug test your kids? If not shame on you, I would be more concerned about a teenager on the path than an adult who is leaving the Fred on a cart. Middle school is not too early to start drug testing. By the way why are your kids out so late to be on the paths after a concert at the Fred?
Just wondering.

Excuse me SandySue but my 13 year old is special needs and does not/can not drive a golf cart. No I do not drug test her, she is under supervised care 24/7. I also use these paths to enjoy walking with my 13 year old while I let my two 8 year olds bike. Don’t matter what time I do it because even before a concert, I have seen some already intoxicated golf cart drivers heading to a concert, which is before my kids bedtime if you must know. Heck, I have seen golfers wiz on by after a day of golfing and beer drinking that almost run us off the paths….A DUI on the paths is perfectly fine with me since children use them.
It’s not all about a debate of concert/late night/time, it’s a debate about DUI on a golf cart as well as who this DUI was given to. As for teens on the paths, I do agree with you there. They will come around a curve full speed and don’t give a flip who’s on the other side.

You have got to be kidding me! What a rediculous comment. It is the police of our county and city to protect us on the cart paths or on the road. I can guarantee that you can get hurt just as much on a cart path by an intoxicated driver. Your comment is so bizarre. I am thankful that our PTCPD are on top of things. I can only imagine how difficult it was to have to arrest him. But when you are wrong, YOU ARE WRONG. Geez, Do you drink and DRIVE? It must be ok for you, but ask someone that has been hit by a DUI driver on the road and on the cart path. No matter how you look at it it is WRONG! THREE CHEERS FOR PTCPD! I praise them for taking there job seriously.

I actually believe they have made that case before. Unless it's a suburban legend, as I remember a fella was cutting grass (Robinson Rd?), had an accident, EMT's come w/ police & they determine he was drunk. True or not...the PTC PD is a bit out of control. Again I say, go to court on Wed. & see the cases they bring.

I remember the Robinson Rd. deal.

I also remember country-singer and notorious drunk George Jones getting arrested for DUI on a lawnmower.

That is true but he didn't live in PTC. Does anyone know if the PD Chief came from the Nashville area?