Under the Influence

Season 8, Episode 11, Aired

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After Briscoe and Curtis finally determine who was driving the car that killed three people, the legal prosecution stands in danger of becoming a kangaroo court when McCoy's feelings over Kincaid mesh with the political agenda of an ambitious judge anxious to make an example of the defendant.moreless
  • Crossing the line, and going back

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    A drunk driver, Dressler, kills 3 people (in 2 different cars) and when confronted displays absolute arrogance.

    McCoy vigorously persues the case to the point of obsession. Ross surmises that he is going overboard due to the light sentence given to a different drunk driver who killed Claire Kincaid in Aftershock.

    McCoy zealously convinces the airline company who had flown Dressler home before he got on the car to reassign the stewardess, who had poured him over 10 drinks on the flight and reported his behavior, to stay out of the country so she would be out of the juducal jurisdiction.

    He has a helper of sorts - Judge Feldman, running to take Adam's position as DA. Feldman wants to have a death penalty conviction, which hinges on Dressler not being drunk and therefore liable due to being impaired.

    In the end, McCoy can't go through with it and destroys his own case by putting the signed affidavit the stewardess made into evidence and proving Dressler was drunk. McCoy is threatened by Feldman to face a Title L hearing (a misconduct hearing) but warns the judge that his complicitness can merit a hearing also.

    At the end, Jamie taps Jack on the shoulder to grant her relief that he made the right choice.

    This incident comes back to haunt McCoy in the season finale, Monster.moreless
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    • Like with numerous other episodes during season eight, this episode had a number of personal storylines attached as several contracts were up at the end of that season (although at the end, only Carey Lowell actually left, replaced by Angie Harmon). Most notable among these was Gary Feldman wanting to go with Jack with regard to going for the death penalty, setting up for his running against Adam Schiff for the DA's Office as we would see later that season.

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    • Lennie Briscoe: Your car came back from Russia, Bernie, with love. This is a reference to the James Bond book and movie From Russia, With Love.

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