During this year's National Day holiday, Gao Jun, a traffic police officer from Taicang City, Jiangsu Province, was visiting relatives in Anhui Province when he passed through a busy downtown area of Tongcheng City and saw some vehicles blocking the road. He then got out of his car to "direct traffic" and was later found by the Longmian Mountain Police Station of the Tongcheng Public Security Bureau to have been driving under the influence.
Gao Jun's workplace, the Taicang Public Security Bureau, based on the "situation report" from the Tongcheng Public Security Bureau, made the decision to dismiss Gao Jun. Gao Jun, dissatisfied with the decision, filed a lawsuit against the Tongcheng Public Security Bureau, but the court refused to accept the case on the grounds that the "situation report" was not a specific administrative act.
On December 22, Gao Jun submitted an appeal to the Anhui Provincial Department of Public Security and filed a reconsideration application for not accepting "driving after drinking."
Incident Details
Jiangsu Traffic Police Officer Gets Involved in a Dispute Elsewhere
Criticism Directed at Local Policemen
According to Gao Jun's account, at around 8:50 PM on October 4, he and his friends came to Tongcheng City, Anhui Province. His friend Han Zhigang was driving the Santana sedan with license plate number Su EJF659, Gao Jun was sitting in the rear left seat, and another friend Sun Zaichun was sitting in the front passenger seat.
When they reached Longmian Middle Road in Tongcheng City, Gao Jun said he saw many people gathered on the roadside. Driven by professional habit, he suggested stopping the car to take a look. After getting out of the car, he found four or five people arguing with a policeman and stepped forward to mediate. Under his persuasion, about three people left the scene. However, the scene was still noisy, so he said something like "I am also a policeman, in our Jiangsu we don't handle situations on-site like this."
Gao Jun recalled that at this point, a policeman asked him where he was from and what he was doing? He replied that he was a traffic police officer from Jiangsu and said some critical words. The policeman then asked him for his credentials, and since he did not show them, the policeman took him to the police station shortly afterward.
Claiming Not to Have Driven the Car
Gao Jun claimed that at the police station, two supervisory comrades from the Tongcheng Public Security Bureau made a statement with him, clearly stating in the statement that he had not driven the car and had no intention of deliberately quarreling with the on-duty policemen.
Gao Jun said: "The next morning, the police station made a second statement with me, in which I reiterated that I had not driven the car and had no intention of deliberately quarreling with the police. Around 4 AM, the police let me go back to rest and asked me to come back at 8 AM."
Gao Jun recalled: "The next day, with the mindset of turning a big deal into a small one, resolving the matter as soon as possible and returning to Taicang early, I apologized to the involved police officers. Then Director Li assigned another deputy director to make a third statement with me, which I signed without looking."
Companion’s Statement
According to Sun Liming, a resident of Jiaotong Village in the Wenchang Street Office of Tongcheng City who was responsible for receiving Gao Jun and his group, Gao Jun and others arrived in Tongcheng at 3 PM on October 4th, mainly to visit Gao Jun's aunt whom he hadn't seen for many years. Gao Jun drank quite a bit that evening.
Sun Liming said that after dinner, at around 8 PM, Han Zhigang drove Gao Jun and others to the Tongcheng Victory Hotel. After arranging the rooms, Han Zhigang said he wanted to drive out for entertainment. On the way, near "Shangdao Coffee," they saw many people gathering and arguing, so Gao Jun got out of the car.
Han Zhigang said: "After eating dinner at Gao Jun's relative's house, I have been driving the car all along." After Gao Jun "got into trouble," he once reported to the local public security authorities in Tongcheng that Gao Jun had not driven the car, but it was not accepted.
He drank alcohol that night but didn't drive.
Police Perspective
Gao Jun Obstructed Duty and Was Driving Under the Influence
In the morning of December 21, I went to the Longmian Mountain Police Station of the Tongcheng Public Security Bureau, where Director Li and several police officers introduced the relevant situation.
According to Director Li, on the evening of October 4, five passengers from other places were refused by a taxi driver near "Shangdao Coffee", leading to a conflict. The public called the police. The 110 command center dispatched the police station to handle the situation.
After the police arrived at the scene and handled the situation, Gao Jun and his group drove a Santana car past this place. "At first, Gao Jun helped us persuade the taxi driver to leave the scene and direct traffic. Later, his behavior obstructed our normal duty. Gao Jun claimed he was also a police officer and took out his mobile phone to shoot the scene." The police officer said, "The crowd watching grew rapidly. Some taxi drivers noticed that Gao Jun had drunk a lot of alcohol and immediately questioned us on the spot: if Gao Jun is a police officer, why don't you manage him driving under the influence? To prevent the situation from escalating, we persuaded Gao Jun to drive away, but he refused. We had no choice but to take strong measures and bring him to the police station."
Through online inquiries, it was confirmed that Gao Jun was indeed a police officer from the Taicang Traffic Police Brigade, and the Santana car with license plate number Su EJF659 belonged to him. Director Li said that afterwards, the police took Gao Jun to the hospital for blood tests to detect alcohol content.
When I asked to see the results of Gao Jun's blood test for alcohol content, Director Li said that the test report could not be disclosed.
Relevant personnel from the police station stated: "Gao Jun admitted to driving under the influence and signed the statement."
Subsequently, the Anqing police reported the situation to the inspection department of the Anhui Provincial Department of Public Security, and then sent the situation notification to the Jiangsu police.
Development of Events
Submitting Appeals
The Party Was Fired by the Unit
It is understood that after receiving the "situation notification", the Taicang Public Security Bureau immediately contacted the Tongcheng police and dispatched the discipline inspection secretary to conduct an investigation in Tongcheng.
Based on the situation notification and interrogation records from the Anqing police, the Taicang Public Security Bureau believed that Gao Jun violated the "Five Prohibitions" formulated by the Ministry of Public Security for driving under the influence. On October 20, the Taicang Public Security Bureau issued a "Notice of Dismissal of Civil Servants". Gao Jun received the dismissal notice on October 29.
Court Ruled "Not Acceptable"
Gao Jun stated that the Taicang Public Security Bureau merely based its dismissal decision on a record from the Longmian Police Station in Tongcheng, making him feel wronged. Therefore, on November 10, he sued the Tongcheng Public Security Bureau.
In the complaint, Gao Jun requested the court to confirm that the administrative action of the Tongcheng Public Security Bureau issuing a notification to the Jiangsu police recognizing the plaintiff as driving under the influence was illegal.
Gao Jun believed that the staff of the police station had no authority to investigate traffic violations such as driving under the influence, and the evidence proving he drove under the influence was insufficient.
After receiving Gao Jun's complaint, the Tongcheng court determined that the "Situation Notification" from the Tongcheng Public Security Bureau was not a specific administrative act and ruled not to accept the case.
On December 22, Gao Jun submitted an appeal to the Anhui Provincial Department of Public Security and filed a reconsideration application for not accepting "driving under the influence." By reporter Ai Pei