Bennington Police officer cited for DUI

Bennington Police officer cited for DUI

There are 108 comments on the Bennington Banner story from Nov 26, 2008, titled Bennington Police officer cited for DUI. In it, Bennington Banner reports that:

Local law enforcement officials say a Bennington Police officer has been cited for driving while under the influence of alcohol, but charges have yet to be formally filed.

Join the discussion below, or Read more at Bennington Banner.

Real Vermonter

Boston, MA

#71 Dec 9, 2008
I think they meant Commercial Drivers License NewMonter. A person's alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus or 0.04 or more if the person is operating a commercial motor vehicle.
RLT

Bennington, VT

#72 Dec 10, 2008
NewMonter wrote:
<quoted text>
A CDL is a federasl license.. a gun is issued but you do not need a federal license to carry a gun or have a badge..
A COMMERCIAL DRIVERS LICENCE IS ISSUED BY THE STATE OF RESIDENCE. THERE IS AN AGREEMENT BY THE STATES TO ADHERE TO THE STANDARDS REQUIRED EQUALLY. THE CDL IS THEREFORE A RECOGNIZED STANDARD FOR COMMERCIAL VEHICLE OPERATION IN THE USA.

Since: Jul 08

Location hidden

#73 Dec 10, 2008
Yeah I know it is State Issued But I think if you go search it is also a fedearl license because it is federal goverment that are requiring State to do this.( I thinks that is why under some cercumstances you can loose your CDl and not your regular license) I could be wrong and really cannot argue right now I do not have the energy. I am posting to let people know I am still alive. But other then that I realy don't care at the moment.

My brother has his CDL and about every endorcment you can get I willl try to get a hold of him to see if he knows where I can find the answers to this.. WOW I should of done my homework before I touched the keys board. But I think I am right.. If I am not I am sorry.. and will except I am wrong.. ok back to bed for me...
get a grip

Bennington, VT

#74 Dec 10, 2008
Did anyone read the article in todays Banner "Legislator pleas to vehicle charge?" It is good reading because he had an drunk driving charge reduced to negligent operation in a Windsor, VT court, same as Erickson, but the punishment was much different.
Lady Liberty Raped

AOL

#75 Dec 10, 2008
I find it very upsetting that a Law Enforcement Officer legally REFUSED the breathalyzer and didn't lose his License or JOB!!!
The words "Moral Turpatude" go with our Police Officers, Judges, and People with ANY Authority. This Erick Ericksen is a JOKE to the Bennington Public and our Police Forces. NO K-9 dog handler is worth being kept for the DOGS benifit. The Dog is better than EE.
The Down grade plea without the REFUSAL is a slap in the face to Mothers against Drunk Driving and all citizens. What happens if EE goes out within time and kills someone's family member(s) while Drunk Driving (DUI). The State of Vermont allows him to receive lesser penalities because he has NO DUI or Refusal to take tests on his Abstract.
Lady Liberty was bent over and Raped by the Judges, Lawyers, and all for Ericksens Benifit!
I hope he (EE) atleast said, "Thank You"
Real Vermonter

Boston, MA

#76 Dec 10, 2008
Originally posted to Officer facing fine after pleading guilty forum which has been deleted by the Bennington Banner / Topix!

It's basically over! At least the Banner printed it but just like every other story they print, this one has more holes than swiss cheese! So it looks like they dropped all the alcohol related charges but the switch to negligent operation makes absolutely no sense! Lack of evidence or the presence of something else! I'm starting to believe the exgirlfriend story now! I remember hearing this stop on the police scanner! That night for whatever reason the deputy sheriffs patrols were saturating Bennington! Normally this isn't the case! As far as I know the BCSD is still a contracted pay for play operation and Bennington isn't on the contract list! There were a period of a few days, this one included where they paid a particular interest in patroling Bennington proper! I wish I could see all the evidence because I know now there is more to this story! Negligent operation is when person operates a motor vehicle on a public highway in a negligent manner. I don't see that at all! The state and defence could just be using this as a tool but there has to be a good reason for doing that! Normally in a case like this the probable cause for the traffic stop would be speeding then and only then could subsequent offenses be found. All Cpl. Scott Gaboury had was a vehicle traveling at 38 mph in a 30 mph zone! I know all you kiddies will tell me it's not so but at one time the states attorney advised no tickets under 12 mph over the speed limit! They do that for a number of reasons but in general you won't get stopped unless you are driving 10 or 15 mph in excess of the posted speed limit! Cpl. Scott Gaboury admits that the vehicle was travelling at 38 mph in a 30 mph zone! Cpl. Scott Gaboury admits no other motor vehicle violations at that time! No lights out or weaving or any signs of drunk driving! His case is already going south and this is where I would have liked being a fly on the wall! Gaboury said he recognized Ericksen! This is where that professional courtesy I talked about in the other forum would come into play but for some reason unknown to all of us it didn't! Like I said before, I'm not saying that is right in any way but we all know it happens! It didn't happen in this case and I wonder why! Officer Cpl. Scott Gaboury stops vehicles on a regular basis and has probably stopped hundreds if not thousands in his short career! He has written many tickets and arrested drivers for many violations including but not limited to alcohol, speeding and negligent operation! I know for a fact that for whatever reason he has not ticketed everyone who violated the motor vehicle laws of Vermont! You can chalk that up to officers discretion or whatever but the facts are facts! He doesn't write everyone up! Now he bumps into a known fellow officer who has likely had his back at one time or another and he throws that officers discretion and professional courtesy right out the door? WHY? There is no evidence that he even wrote a speeding ticket to Ericksen which would be the documenting evidence that he even had probable cause for the traffic stop! WHY? Where is the video? Probably broke that night right? Where was your training Cpl. Scott Gaboury? That broke too? There are a lot of other things I could say but I'll just say one more thing! I knew your father Vermont State Police Sgt. Gary Gaboury! He was one of the nicest human beings to ever walk this Earth! It was a pleasure to know and work beside such a professional police officer and kind person! I can't blame him for your upbringing but can only guess that because of things beyond our control he wasn't able to be around long enough to teach you how to be half the man that he was! You'll never strike a match to him! I don't know what your reasons for this action really were but I doubt your father would be proud of you right now!
Real Vermonter

Boston, MA

#77 Dec 10, 2008
Originally posted to Officer facing fine after pleading guilty forum which has been deleted by the Bennington Banner / Topix!

PART 1

Nilly - I never said professional courtesey excused drunk driving, actually I said just the opposite!

progressive - The girlfriend story was posted by another user on the original forum. I do think there is more to this story because as I stated, parts of it just don't make sense! The suspension relates to the refusal!

Sadie S - Drunk driving is drunk driving it should NOT matter who you are or what you are but here we had a police officer charged with it then released from it! WHY? More to the story?

NewMonter - Drunk driving is drunk driving it should NOT matter who you are or what you are but here we had a police officer charged with it then released from it! WHY? More to the story?

The Real Deal - Didn't say I wore a badge and I didn't insult Gary, I insulted his son! Is that something I should be worried about? Sounds like maybe it is!

AOK - Finally someone I agree with! DUI is very, very unacceptable! I feel that questionable procedures is what came into play here!

kidding - I agree and disagree! The old boys of bennington county still reign! Repressive self serving jerks! I'm not an idiot! He might be a good cop but I doubt he is making his father 100% proud!

vermont native - I doubt Gary would be unhappy with me for making the observations and comments I have made!

more to it - Like I said there is more too it! Seems like you have some of the info we all have been looking for! Please feel free to shed some further light on it!

Wow - Why would you loose all respect from me because of one comment? Are you that narrow minded? I don't blame Gary Sr for anything and I know how and where he passed away! I'm glad you brought up "I have been out many nights were Erik Eriksen has be drinking, and then have seen him get in his vehicle and drive away." and if it took my comments to get you to say this, well I have done my job again! You see how I bring out the GOOD and BAD in people NOW?

Bennington Native - You are correct! Taxi = Better for everyone! Vermonts law system a joke! It is bent and directions you will never know!
Real Vermonter

Boston, MA

#78 Dec 10, 2008
Originally posted to Officer facing fine after pleading guilty forum which has been deleted by the Bennington Banner / Topix!

PART 2

Bennington Native - You are correct! Taxi = Better for everyone! Vermonts law system a joke! It is bent and directions you will never know!

Native - 30 yrs old - I agree! I'm appalled at the whole thing! BPD Chief should say or do something soon! I didn't drag the Gaboury family into this situation, Bennington County Sheriff's Department Cpl. Scott Gaboury did!

get a grip - You are right about Ericksen getting a break and being cocky and insulting if that is what he did! Gary Sr. was a fine man and police officer and I'm sorry in a way I brought him in to this but I said nothing bad about him and never would! As taxpayers we should have a right to know everything like where is the DOG CAR and DOG and will we have the K9 service available to us any longer? It's bought and paid for with donated and taxpayer monies so we should know! As far as the report goes some of us will never know the whole story and as I said before I feel there is more to it!

patriot - I agree there is a lot of explaining due from everyone involved! Ask the question but because of the speed this is moving I doubt any of our questions will be answered truthfully!

Fred - Thats the way they do it here in Vermont and a lot of other places! Best to keep ourselves out of the limelight if that is possible!

urjoking - I feel as you do that parts of this whole thing are a joke! Fair? NOT!

GAB - I'm sorry you don't agree with me and I'm not going to argue with you! I will agree that your father Vermont State Police Sargent Gary Gaboury enforced the same laws and protected the same people that you and your brother were suppose to! He did it in such a way that made us ALL proud of HIM! I never said that Ericksen wasn't intoxicated! I do question the traffic stop of a police known by your brother for 38mph in a 30mph zone! You worked here and you know the tolerances set forth by the state attorneys office right? How many cars did you and your brother stop and tickets did you and your brother write for under 8mph over the posted speed limit? Now how many did you and your brother not stop for under 8mph over the posted speed limit? See where this is going? Your brother sees Ericksen who is well known to him and he stops him for 8mph over the posted 30mph speed limit with no other probable cause? See why we question this?

There did I miss anyone?
A concerned Driver

East Calais, VT

#79 Dec 10, 2008
Here is what I think, which doesnt probably really much matter:

If you are going to drink and drive, you deserve the punishment, plain and simple, no questions asked, no favortism, no professional courtesy.

If this was in retaliation for the girlfriend thing, which has been mentioned multiple times, I question the motive behind the stop. If he was drunk, then like I already said, you get no preferential treatment.

It would occur to me what little I know (I am okay at saying that), that something must have been wrong with charges. Why would something get bumped down from DUI to CNN? As several people have mentioned, it just does not add up, like apples and oranges as it has been explained. I hope everyone took it seriously and nothing got swept under the rug due to the circumstances.

Not every law enforcement officer is like this, or any public servant for that matter, it just seems they make the news. Next time you see a police officer, firefighter, EMT, public servant, etc., tell them thank you.

Last...all too often, we are so quick to bash and attack another poster. People like these forums so they can post their opinion. Lets do that, and post our opinion to the subject, and try to look at every viewpoint, not bash the fellow posters. Thank you and I will now get down from my soapbox
Real Vermonter

Boston, MA

#80 Dec 10, 2008
My biggest problem is with the weak probable cause for the traffic stop to begin with! 8mph over the posted speed limit? Give me a break! Everybody speeds! At one time or another everyone might drift 10mph under or over the posted speed limit! If a police officer hits the bricks looking to stop and ticket drivers in this 0-10 category he will be a very busy boy or girl! I know that BCSD is a very aggressive pay for play operation but I seriously doubt that any of them would waste their time writting tickets in the 0-10mph range when there are the same or more speeders in the 10-20mph or over range! Keep in mind that the BCSD is a business! Listen to the scanner any weekend evening and you will hear the business that they are in! These are traffic cops writting traffic tickets! Traffic tickets pay back the state, county and towns and keep the BCSD in business and the sheriff in one of the top most powerful county seats! Deputy sheriffs do a few other things once in a while but 99% of the time they are stopping vehicles for speeding and writting tickets to a good number of them! They also let some traffic law violators go with no tickets! Why is this? You tell me! I believe this is called officers discretion! Who regulates this? The officer? The sheriff? The states attorney? I'm not really sure anymore but just listen, it happens on a regular basis! I'm not making this stuff up kids! Again my problem is with the probable cause for for this stop! Then I'm not saying it would be right to do it but as stated it happens the lack officers discretion before he got in his known fellow officers face to smell his breath! Ericksen could just as well have had a Diabetic condition with a symptom called acetone or alcohol breath! The brighter students here will know what I am talking about!
Real Vermonter

Boston, MA

#81 Dec 10, 2008
Am I scaring you NewMonter? I'm not usually this wound up and am really a nice person! ;-)~
poor working man

Syracuse, NY

#82 Dec 10, 2008
If he was a Cop from Pittsfield or a Court Officer from our Berkshire Courts. It would get swept under the Rug fast..
Get Over It

Easthampton, MA

#83 Dec 10, 2008
I feel sorry for his dog.
Real Vermonter

Boston, MA

#84 Dec 10, 2008
I feel sorry for Erick and Colonel! If Erick looses his job he may have to part ways with his 24/7/365 companion also! Colonel has been with Erick for a year and a half and there is a bond and bestfriendship that develops from a relationship like that! I don't know if Colonel could bond well with a new partner/trainer! As residents and taxpayers we need and pay for the K9 service! I hope something is worked out and FAST!
Court Officer

Pottstown, PA

#85 Dec 10, 2008
Hey RV,
The K-9 service (Colonel) will work well with a Police Office who knows the laws and reespects their badge:
Lets transfer K-9 duties to the Sheriff Dept, Cpl.Scott Gaboury could be the new K-9 detailed Officer. He (SG)is young and a TRUE RV at heart. His father and brother both served Vermont law enforcement with HIGH HONORS!!!
Well deserved, Gaboury and Colonel perfect together!
PS, I'm starting not to trust your posted thoughts and or directed opinions.
Real Vermonter

Boston, MA

#86 Dec 10, 2008
Remember BCSD had a K9 officer and service dog!(JW) already jumped ship to join the Vermont State Police and (Zidane) will likely join him in a couple of years! WHY? If (SG) was K9 quality and (BCSD) would allow it, wouldn't he already have a service dog? Sorry I'm just thinking out loud! The next thing you will be trying to talk me into is that the BCSD can provide better coverage and protection than the BPD and for less money right? Isn't that what BCSD does best? Look what they did to Pownal! Just when a growing Pownal got taste of a working constable (JH) BCSD bought and paid for him with a car and fulltime job and stole him right out from under the taxpayers! Now the taxpayers are paying through the nose with plenty of speeding tickets compliments of (JH) and his BCSD! You know the riff (GF) and his ranking officers are spreading to the towns in the county! Have you watch how the business end of the BCSD has grown over the years? All with the same sheriff? Maybe they are growing too fast? Don't get me going! Sorry I did that to myself! LOL!!

Since: Jul 08

Location hidden

#87 Dec 10, 2008
Real Vermonter wrote:
Am I scaring you NewMonter? I'm not usually this wound up and am really a nice person! ;-)~
Naaa I am not scared, I accually have been very sick, with a very low attention span. Altho I thave been reading the daily entrys and have wondered if you have blisterd on your finger tips yet?

As for a K9 Unit (dog) He will ajust well with the right handler, Altho I do not see Mr Erickson going anywhere. I could be wrong. But it seems to me. the other careless and neglagent case got alot more then a $400.00 fine. The department of Motor Vehicles has last say about his suspention so I guess that is something we may never find out about.. So right now I feel we are beating on a poor dead horse here. we cannot change it. and it is apparent our justice system is just as I said before. It does depend on who you are and what sentance you recieve.... This just proves it!!
Real Vermonter

Boston, MA

#88 Dec 10, 2008
It's hard telling not knowing and since no one is telling here we are sitting in the dark not knowing! The dog car is back now! I think they sent it to J&J's be cleaned! It still says K9 on it so maybe you are right NewMonter! Who knows, maybe BPD will make a rags to riches cinderella story out of all of this! There might be a lot of issues with bringing him back but with the reduced charges and the union backing him it could happen! Only time will tell!
Real Vermonter

Boston, MA

#89 Dec 11, 2008
"WARNING" If you kids don't already know Thursday means the Bennington County Sheriff's Department Deputy Sheriff's start their weekend directive patroling tonight at 6pm! As you have seen by recent post if you speed even 1mph over the posted speed limit you are subject to being stopped and ticketed by them! During these stops you will likely be questioned about other things! You may be asked personal questions like, where you are coming from or going to and if you have been drinking or taking any legal or illegal drugs! You and your vehicle may even be searched! Your passengers if there are any may be questioned or searched in a similar way! I'm sure none of these things are anything you are interested in doing but if you are speeding, driving carelessly, have defective equipment, expired regustration or inspection or are not wearing your seatbelt chances are it will happen to you! Keep all your ducks in a row then the roads will be a safer place for all of us and it might save you an embaressing ticket or arrest and a ton of money! Oh yeah! DON'T DRINK AND DRIVE!!!!! ;-)~
Real Vermonter

Boston, MA

#90 Dec 11, 2008
OOPS MY BAD! 3:40pm and they are patroling already!

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