HOULTON, Maine — A Maine State Police sergeant summoned in late June for operating her state police cruiser while under the influence of alcohol acknowledged Monday that she has a problem with alcohol and is getting the help she needs.
While Sgt. Julie Bergan will lose her license for 90 days and pay a $500 fine, she avoided jail time recommended by Aroostook County District Attorney Todd Collins and instead will take part in a first offender OUI alternative sentencing program in Penobscot County.
Bergan was sentenced Monday evening by District Court Judge Bernard O’ Mara. The judgment came after Bergan’s attorney, Michael Harman of Millinocket, argued unsuccessfully to challenge the administration and results of field sobriety and intoxilyzer tests conducted on Bergan on June 28.
Under Maine law, people may be issued an OUI summons when they are found driving a motor vehicle with a blood alcohol content of 0.08 percent or more.
Bergan’s blood alcohol content was 0.15. The test was conducted more than three hours after she reported for work.
Several of Bergan’s colleagues took the stand Monday afternoon to testify that they saw Bergan behaving erratically and out of character when she arrived for work that morning.
Trooper Chad Fuller testified that he heard Bergan talking loudly to his German shepherd canine, Glenni, in a nearby room. He said Bergan was holding the dog’s choke collar as he tried to get away, petting him, repeating words and also kissing the dog’s head.
Fuller said he had only had the dog 20 days and was afraid the animal would feel endangered and bite. Fuller called his supervisor, Lt. Mark Brooks, and reported his concerns. He said he did not want to jump to conclusions about her behavior, but knew it was something he had to tell Brooks about.
Brooks is on military leave and acting Lt. John Cote has taken his place.
Cote was present June 28.
He testified that Brooks asked Bergan to come into his office. Cote said Bergan appeared to be unsteady on her feet, had droopy eyes and her face appeared swollen. He said Bergan denied that she had been drinking or had taken prescribed or illegal drugs. Cote said she gave short, one-word answers to questions.
Trooper Tim Saucier first encountered Bergan in the parking lot at the police barracks that day. He said her mannerisms didn’t seem right and he smelled alcohol on her breath. He got in his cruiser and also contacted Brooks about Bergan. He stayed in the parking lot to make sure she didn’t get behind the wheel.
It was Saucier who was asked to perform field sobriety and intoxilyzer tests on Bergan. She told him she had last consumed alcohol at 9 p.m. on June 27, having had two glasses of red wine and two glasses of white wine. She told him the medications she was on did not interact with alcohol.
Collins asked O’Mara to sentence Bergan to seven days in jail, along with a $500 fine and a 90-day license suspension.
Harman argued that Bergan should receive a $500 fine, 90-day license suspension and participation in the first offender OUI alternative sentencing program in Penobscot County.
The sheriff’s office holds the program four times a year, and it lasts 48 hours. It includes more than six hours of discussion about alcohol and substance abuse at night with licensed counselors, community service at a school and no contact with family or friends. The men and women sleep in separate rooms on cots.
Bergan said in court that she did not know she was intoxicated that morning when she woke up. She told O’Mara that she has an alcohol problem and has not had a drink since June 28. She also has taken part in the state’s Driver Education and Evaluation Programs for OUI offenders.
Bergan is a 24-year veteran of the Maine State Police. Collins said Monday evening that he was unsure of the status of Bergan’s job.
Those must have been some VERY LARGE glasses of wine
wonder if she got treated like any other person driving drunk? doubt it…. why cant people be treated all the same? just cause you wear badge or a white collar dont mean you should get away with anything like speeding or hurting a child. denial aint just a river in eqpyt or how ever u wanna spell it lol
Actually she was treated like other 1st time offenders with aggravating factors (BAC of .15 percent or more).
Suspension = 90 days
Bergan = 90 day suspension
Jail Time = 48 hours
Bergan = DA sought 48 hours Judge sentenced to diversion program available for 1st time offenders.
Fine = $400.00
Bergan = $500.00 fine
Source http://www.maine.gov/dps/bhs/impaired-driving/laws.html
Any other Maine resident would have served the 48 hours AND had to take the alcohol education class. She got off easy, considering her position and that she drove her cruiser to work while her BAC was considerably higher than .15.
If the jail time were “mandatory” the judge would not have the option if diverting to another program.
I also know a regular Joe that was over .15 and was also charged with failure to stop. He was also diverted and was not sentenced to 48 hours.
Yes. That us standard for first time offenders with no record unless evidence is presented that they re-offended before sentencing.
.
For first offenders the 48 hr jail sentence is usually postponed pending successful completion of an approved treatment program like the one Bergen appears to have already begun. The technical definitions under the law counts time spent in the program as incarceration because attendance is mandatory and enforced by officers of the law and an attendee will be jailied if they do not attend and stay for the entire time.
.
More details here:
http://www.cumberlandso.org/Jail/ccc_oui.htm#.ULUt5Yb9GVo
The first step in admitting you have a problem is being honest about it…She wasn’t..She lied..There is no way she was that drunk after a few glasses of wine at 9pm the night before..To be given that light of a sentence when she is supposed to know better after 24 years of locking up others for doing what she did is a shame…Wonder how many times she heard that same story fed to her ?? “But officer , I only had a couple of beers”…As i expected…I’m sure she will still get the pension and health care for life too…
These troopers are so over-worked I would be drinking too after those long hours on the job. If she’s been on the job that long I’m sure she’s eligible for retirement and no doubt will take that option!
Treated just like any other 1st time offender.
Sorry, no.
You are absolutely correct.
.
For first offenders the 48 hr jail sentence is usually postponed pending successful completion of an approved treatment program like the one Bergen appears to have already begun. The technical definition under the law counts time spent in the program as incarceration because attendance is mandatory and enforced by officers of the law and an attendee will be jailed if they do not attend and stay for the entire time.
‘
More details here:
http://www.cumberlandso.org/Jail/ccc_oui.htm#.ULUt5Yb9GVo
its amazing who gets away with breaking the laws in Maine! Between her and P. Lockhart(AAG) of DHHS! No wonder Maine has the problems they have! Time to clean up the State of Maine(especially DHHS)
How is being found guilty of a crime getting away with anything?
She isn’t serving the mandatory 48 hours in jail for “aggravated factors,” like any other Maine resident would be sentenced.
Credit to Tyke
You will find the answer to your question here.
http://www.cumberlandso.org/Jail/ccc_oui.htm#.ULUt5Yb9GVo
There’s a difference between breaking the law and enforcing it. There ought to be a difference between breaking the law WHILE enforcing it. They want to set examples and standards, yet, as we have read about, they clearly cannot meet the same. Yes treat her the same……but I don’t want her behind the wheel of a MSP cruiser with a gun attached anytime in the next 5 years.
Agree!! And remove her firearm IMMEDIATELY…..and send her out on the next dozen OUI death involved vehicle accidents.
I suspect you probably won’t see her behind the wheel of an MSP cruiser again. The best (for her) that would be likely is that she gets some type of administrative job until she reaches the 25 year mark (within the next year) and retires with her pension intact. The worst scenario is that she gets terminated immediatly.
I believe there was actually another law broken that was completely overlooked. I do believe it is a crime to have a gun in your possession if your intoxicated. Everyone is entitled to making a mistake but also must be held accountable for those actions. I also know that LEO’s are suppose to be held to a higher standard as they are suppose to set examples of lawful behavior. Part of their oath. Oh well good luck Ms. Bergen and I hope that sobriety is your future and and am hopeful you are glad you did not hurt an innocent person drunk driving. Hope your truthful in your confession of a problem and not just talking the talk that gets you the best outcome. Time will tell and we will all be watching.
It’s against the law to hunt while intoxicated, or to conceal a firearm on your person in a licensed liquor establishment while intoxicated. Neither of those apply in this case.
It is zero tolerance for having a loaded gun no matter what you are doing or where you are doing it.
I hope she gets a second chance at straightening her life out. Often times when people like her end up getting a second chance after they become so close to losing everything they become a better employee to others. She could go around to local High Schools, the police academy, other departments and speak from experience the power of alcohol. The mistake was made, nobody got hurt, it’s time to give her another chance and move on with life. Isn’t that what all the libs believe, safety nets for all? Oh that right, not all, libs only want what is fair to those segments of people they feel are worthy such as pedophiles, drug addicts, prisoners, and on and on.
Vet there are more out there like her
“He said Bergan denied that she had been drinking or had taken prescribed
or illegal drugs. Cote said she gave short, one-word answers to
questions.”
So it’s okay to have an officer of the law lie. I wonder how many others do the same on a regular basis when asked to testify at trials or in front of a judge? I have witnessed lies told by Lewiston police that stopped a friend on his way home from work, I happened to be following them and saw the event unfold…….but not the way the officer testified. When I told the judge what I witnessed they dismissed the charges. However if I had not been a witness to the events the friend would have lost points off his license. Yeah I know cops don’t lie, kids don’t lie and Christians don’t lie and and and………….don’t lie either.
I do believe it”s a legally accepted practice for the police to lie in court ! The courts recognized that deception by law enforcement, is often required to solve crimes; but also prohibits the police from making false statements to a suspect under certain circumstances.
I think what you mean is during the investigation of a crime they are allowed to lie. I don’t believe, or at least I would hope that cops don’t have an accepted practice of lying to a judge in court after taking an oath to tell the truth.
It is perfectly acceptable to deceive suspects under investigation. For example, a hooker says “You look like a cop. Are you a cop?” and the cop posing as a john answer “No, I’m not a cop”. No problem.
And you are correct, a police officer under oath is expected to “tell the truth, the whole truth and nothing but the truth”.
operative word being” expected”
Just like witnesses are “expected” to tell the truth too.
I stand corrected…..but they are not exempt from doing so, they are human like the defendants!
“Trooper Chad Fuller testified that he heard Bergan talking loudly to his
German shepherd canine, Glenni, in a nearby room. He said Bergan was
holding the dog’s choke collar as he tried to get away, petting him,
repeating words and also kissing the dog’s head.”
“I loove you, man. You’ll be my besht fren forebber, right?”
“He said Bergan was holding the dog’s choke collar as he tried to get
away, petting him, repeating words and also kissing the dog’s head”
I always thought a police dog was considered to be an officer of the law as well as his handler. Shouldn’t Bergan be charged with sexual harassment?
Only if the dog reports that it was offended by her actions.
24 years of dedicated service. I certainly hope she doesn’t lose her retirement pension. It would be a shame; especially when the head of the MTA received his after stealing hundreds of thousands of dollars from all of us. Sounds like she is trying her best to overcome the problem and it was her first offense.
Might have been her first offense that she was caught at doing. Retirement benefits for that? It should not be so.
Drunk driving KILLS people.
She nneds to pay, but the court has given her the light tap on the wrist usually reserved for child molestors.
One day a cop will kill someone while driving a MSP car, then this case will come up as a lesson in incompetance by administration and the courts.
Your first paragraph has the best analogy I have ever seen about anything. Now if we can just get lawyers and judges to understand it….
The court gave her exactly the same punishment it gives all first time offenders where there is zero evidence of having re-offended at the time of sentencing,
Hello, Tyke. You are incorrect.
********************
From the Bureau of Highway Safety (http://www.maine.gov/dps/bhs/impaired-driving/laws.html):
“Minimum Court Imposed Penalties for OUI”
1st offense w/ aggravating factors* — 90 day license suspension — 48 hour jail time — $400 fine
*Aggravating factors include a BAC of 0.15 or higher.
**************
According to the article above, Sgt. Bergen’s BAC was 0.15, three hours AFTER she arrived at work. She should have served her 48 hours in jail, just like any plain old Maine resident would have done in the same circumstances.
NRS, The world is coming to an end, I finally agreed with one of your comments. Gave you thumbs up even…bet it won’t happen on a regular basis though.
No mention of being on administrative leave??…..hmmmm. An 18 yr MSP veteran in Northern Maine was put on administrative leave while MSP completes its investigation. If Bergan Trooper was not put on administrative leave, can you say “sexual discrimination”?!
Things that make you go hmmm….There was never any mention of that 18 year MSP veteran doing anything criminal. I believe he is still out on admin leave and doesn’t that make 2 sargeants with the maine state police convicted of OUI and aren’t they both back to work? Did they not lose their driver’s licenses so how are they able to perform their jobs? Why treat 1 differently than the other 2? What does the State Police have against that 18 year veteran?
Speaking of hmmm…..check out the most recent Ft. Kent District Court news….see any St. John Valley drug convictions (operative word “convictions”) for September and October? Nope! Not even over Labor Day holiday? Nope. Oh, there were five drug related cases…..two from out of state, two from outside the County and one from Eagle Lake that was “filed”. I could give you a list as long as my arm of druggies in the Valley….but somehow law enforcement can’t find them?…..hmmm. Living in the St. John Valley and being the forthright trooper that he is, I bet the 18 yr veteran sees too much and knows too much, thus, getting him out of the uniform and sitting at home where he can’t cause anyone any “trouble” would be the thing to do.
Amen…….My thoughts exactly!!!
“Bergan is on administrative leave pending the outcome of an internal investigation conducted by Lt. Erik Baker, who heads the Internal Affairs Division at state police headquarters in Augusta, Bessette said.”
That is from an article shortly after the incident. Why not do some research before making accusations?
People show up to work drunk every day and in all walks of life. I guess it is just a little more unnerving when they are “strapped.” I hope Andy is holding on to her bullet until she completes her rehabilitation.
“He said Bergan was holding the dog’s choke collar as he tried to get away, petting him, repeating words and also kissing the dog’s head.”
No need of a breath test here. Anyone who kisses a dog or cat or cow or horse is legally drunk.
I love my little cow friends but the only time they will touch my lips is on the end of a fork.
The humble Farmer
Has anyone noticed that they refer to Julie Bergan as “he”, “her” and “him” in the article?
I believe you are reading it incorrectly. The “his” dog for instance refers to the dog of the male officer observing her.
With three on the arm, you’re a prime target who made a major goof. So don’t look for help – like another trooper to say: “You’re bombed. Give me your gun and get in the cruiser. You’re going home.”
Thought Troopers were a quasi-military outfit, where each one covered the other’s backside.
When I was a kid in Houlton way back in the late 1960’s a Maine State trooper threw an empty beer bottle out of his moving car. The bottle hit the blue bubble and drove it down through the roof of the cruiser.
I should be surprised at this but we all know this is busniess as usual. Gov employees getting away with what any of of would have been fired on the spot for.
She should be terminated and loose her benefits and not be protected by the state like they normal!
i concur with the no jail sentence. The problem surely came with dealing with the stress of the job.
hmmm…. according to records she is back to work, and has been for some time now. She is working in an office somewhere in Penobscot County. The state police have someone else within the agency giver her a ride to work and back home. Saving us all money in the process. Just don’t ask her to go into Canada, she isn’t allowed in because of her criminal conviction. Hey!! Is she a Criminal Investigator? or an Investigator of Crime?