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Saturday, April 23, 2016

Did police give Fire Department’s No. 3 man favorable treatment?

The Chicago Police Department struggled Friday to explain why the third-highest ranking member of the Chicago Fire Department was neither tested for alcohol in his system nor charged with drunken driving after crashing his city-owned SUV this week near Lake Shore Drive in Lincoln Park.

The Chicago Fire Department has concluded that John McNicholas, who ran the Fire Department’s Bureau of Operations, was under the influence of alcohol at the time of the accident.
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But the Breathalyzer test was administered hours after the crash happened, at Fire Department headquarters at 35th and State, by the Fire Department’s Internal Affairs Bureau.

Chicago Police officers were on the scene of the accident on LaSalle Drive just off Lake Shore Drive for up to two hours but never administered a field sobriety test or Breathalyzer test, sources said. Four squad cars were dispatched to the scene and were there from 30 minutes to two hours.

The failure to administer those tests raises questions about whether McNicholas was given preferential treatment by police and comes at a time when the Chicago Police Department is working to restore its battered image and trust with the public.

Unlike Illinois State Police, Chicago Police officers do not carry breathalyzers in their squad cars. If a Breathalyzer is administered, it has to be done at the district station. That was not done in McNicholas’ case.

Both tests were important, but there are two different standards.

The Fire Department has as close to a zero-tolerance policy as it can get. Any department member whose blood-alcohol level exceeds .02 — which is possible after just one or two cocktails — is considered “under the influence” of alcohol.

That’s why McNicholas, who resigned as deputy commissioner Wednesday, agreed to a “full separation” from the Chicago Fire Department after taking the Breathalyzer test that is mandatory after all accidents involving Fire Department vehicles.

The state standard for charging a motorist with DUI is .08. Since police officers on the scene never tested McNicholas for that standard, he is not expected to be charged with DUI.

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