Raleigh, NC — The state Highway Patrol is again facing questions about one of its members’ judgment.

Over the weekend, a trooper chose not to issue a speeding ticket to a fellow law enforcement officer, an off-duty Durham policeman. After a review, the patrol has found that the off-duty officer was going nearly twice the posted speed limit.

A ticket was issued Tuesday night. Wednesday, though, at least one lawmaker was questioning the agency’s actions.

Trooper David Smith clocked off-duty Durham police officer Anthony Harris going 84 mph in a 45 mph zone at about 7 p.m. Saturday on Junction Road near Club Boulevard. Smith stopped Harris but did not write a ticket.

Smith also decided that while he could smell alcohol on Harris’ breath, Harris had passed field-sobriety tests and was not impaired, officials have said.

Former police officer Jon Blum told WRAL that it is not unusual to see that sort of conduct.

“I think it’s common practice that officers use discretion anytime they stop someone in a car, including another law enforcement officer,” Blum said.

It wasn’t until the news media questioned the Highway Patrol that Harris got a ticket.

The decision followed a string of high-profile incidents involving state troopers.

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