Published: Jul 01, 2010 11:41 PM EDT
Updated: Jul 01, 2010 8:29 PM EDT

LEE COUNTY, Fla. - A Hendry County Deputy was pulled over twice in the same day, accused of Driving Under the Influence. Now the Lee County Sergeant who let him get away is in serious trouble.

Lee County Sheriff Mike Scott is infuriated with what he calls that Supervising Sergeant's "inaction." He says, citizen or deputy, Driving Under the Influence is unacceptable, and will not be tolerated in his department

Wednesday, A Lee County Deputy pulled over Timothy Neidert after he was swerving and driving too close to other vehicles. It turned out, Neidert was an armed off-duty Hendry County Deputy. Neidert claimed he was not intoxicated. The deputies on scene called in their Supervisor, Sgt. Brian Foell.
"The bloodshot watery eyes, poor dexterity, poor balance, all these things that are typically indicators of impairment, these are things that should continue that process," Lee County Sheriff Mike Scott said. "That process did not continue based on the Sergeant's poor decisions."

According to the report, no sobriety test was given.
Instead, Foell called Neidert's supervisor and arranged for them to pick him up. Foell and the other deputies went back into service, leaving Neidert - potentially intoxicated and smelling of alcohol - alone at the scene. Minutes later, dispatchers got a call about a reckless driver. Guess who?

"What happened was disgusting, disappointing, unacceptable, and wont be tolerated," Scott said.
"Thank goodness it wasn't worse as it could've been."

Neidert was given a field sobriety test, one he failed, and arrested for DUI.

"At the end, everything happened that should have happened," Scott said. "It just didn't happen as soon as it should've and in the manner it should've and that's what really disgusts me."

The Hendry County Sheriff's Office says they regret the actions taken by Deputy Neidert. Ge, along with Lee County Sgt. Brian Foell are on administrative leave with pay. Sheriff Scott says Sgt Foell's actions are against everything the Sheriff's Office stands for, and once the internal investigation wraps up, the discipline will be swift and sure.