Should Bannister Resign for Driving Drunk?

Bannister mug shotGwinnett Chairman Charles Bannister was arrested on Monday evening for Driving Under the Influence after a concerned citizen reported seeing him downing adult beverages at a Lilburn bar. Within hours of his arrest while driving a county vehicle, the calls for his resignation began. Likewise, the hint at a setup began with local media like WSB-AM radio.

The arrest raises a number of questions, but as to whether or not Bannister should resign, I say not. A DUI in a county vehicle definitely deserves some action, but a DUI pales in comparison to the other things that Bannister has done as Chairman that warrant his ouster. He should have already been gone.The arrest is probably pretty straightforward. As a former cop, I arrested dozens after a “concerned citizen” report. But who was the “concerned citizen”? An apolitical mom reporting somebody that she didn’t recognize or a political operative bent on bringing Bannister down?

We may never know who initiated the investigation of Bannister’s conduct. The arrest report probably won’t include the complainant’s name, simply because it wouldn’t be relevant– the arresting officer personally observed driving violations that warranted an investigative stop of Bannister. But there should be a VERY revealing 911 call. It will go far to revealing the caller’s motives.

There may not be a 911 call, however. It is very interesting to me that a Sheriff’s deputy made the arrest. The SO doesn’t provide patrol services; that would be the PD. The fact that a deputy was sent to stake out the restaurant is an indication that the complaint may not have come through normal channels like a 911 call.

I wonder if someone who recognized Bannister– knowing the animosity that the Sheriff and the Chairman apparently have toward each other– called the Sheriff directly, at which time he dispatched one of his guys instead of calling the PD?

What is the penalty for violating the law in a county vehicle… especially DUI? What would happen to any other county employee? Would their county car be taken away? Is there a standard policy or will the fact that the county has no meaningful ethics policy save Bannister’s driving privileges?

If I recall correctly, the Commission failed to act last year on a consultant’s recommendation to establish an ethics policy including a citizen panel to investigate violations.

Is Bannister an alcoholic? If the 911 call was legitimate, a drink or two with dinner in the company of others wouldn’t be noticed, but several drinks while sitting alone at the bar on a Monday evening could be an indication of a bigger problem. The arresting officer apparently had time to get in place to stake out the restaurant. That means that Bannister exhibited the signs of intoxication while still sitting at the bar.

As of this writing, Bannister has refused to comment on his arrest.

From Gwinnett County chair arrested for DUI  | ajc.com

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  • Username

    If the county maintains a zero tolerance for alcohol and the operation of county vehicles, how can this be allowed to play out with Bannister keeping his job? What’s the point of a “zero tolerance” policy if there is tolerance?

    Does it really matter HOW he was busted? No one forced him to drink, no one forced him to get into the car and drive away. Is politics really going to attempt to spin this in an attempt to somehow make poor Mr. Bannister the victim?

    I foresee a trip to a rehab center. Isn’t that how it always plays out with the well-to-do and well connected?

    • http://www.talkgwinnett.com BobG

      Bannister is an elected official, not appointed and not a county employee. He cannot be “fired” even if the county has a “zero tolerance” policy for driving a county vehicle while intoxicated.

  • ConcernedGwinnett

    Mr Bannister should just chalk this up to karma, get a clue, and leave gwinnett. I hear that Hall County is looking for corrupt politicians

  • twister

    I’m not from Gwinnett County and don’t know Mr. Bannister from Adam, but something really smells about this arrest. Staked out and stopped by a sheriff’s deputy in a county with a PD and 0% on a breathylizer. The blood test will tell the tale. If that comes back 0% for alcohol and/or drugs that could have affected his driving, I forsee bad things for the sheriff and his deputies.

    • http://www.talkgwinnett.com BobG

      As a former cop, I can say that this thing went down just like it should have.

      That a complaint came directly to a Sheriff’s deputy and not through normal channels (911) is unusual, but not unheard of. The complainant probably knew the SO supervisor on duty and, rather than make his concerns public and possibly embarrass the Chairman unnecessarily by calling 911, he took a more low-key approach and called his friend.

      The deputies were able to arrive prior to the Chairman’s departure from the restaurant. It is not a crime to drink a beer, nor is it a crime to operate a vehicle after drinking alcohol UNLESS on the public roads and in an unsafe manner, so there was no reason to confront the Chairman unnecessarily. The deputies were correct to wait until there was actual evidence of impaired driving.

      A legitimate complaint had been received, and the deputies were required to respond. (Think about the potential liability had the deputies received the complaint and not acted, and the Chairman killed somebody.)

      Breathalyzers do malfunction. Given the visual evidence of impairment, from the unsafe lane change to the slurred speech and inability to recite the alphabet, the deputy was correct to follow the state’s implied consent law and request a test of Bannister’s blood.

      Finally, EVEN IF the complainant and the deputies had impure motives, the facts remain that Bannister admitted to drinking alcohol; his receipt from the restaurant confirmed it; and there was sufficient evidence of impaired driving. I have confidence that the blood test will reveal evidence of alcohol consumption. There will be ample evidence that Bannister was impaired when he operated a vehicle on the roadway.

      My only question about the incident is why the SO responded rather than pass the call on to the PD. I assume that the SO supervisor feared that the suspect might leave before the call could be redirected and the county police could respond. It is a legitimate concern.

      The scenario described in the news accounts mirrors what I experienced dozens of times as a police officer.

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