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Prosecutor: Drunk Oakland Police Officer Pretended Not To Be Driving ATV In Crash

An off-duty Oakland police officer involved in an ATV crash while he was drunk allowed a passenger to claim he was actually behind the wheel, said authorities who charged them both.

Daniel Kern, Michael Fahy

Daniel Kern, Michael Fahy

Photo Credit: COURTESY: Bergen County Prosecutor

Officers responding to the Sept. 17 crash at Fordham and Tulane Roads found a seriously injured passenger who was taken to Hackensack University Medical Center with assorted injuries, including several broken bones, Acting Bergen County Prosecutor Dennis Calo said Friday.

Michael Fahy, 37, of Franklin Lakes told them he’d been driving the all-terrain vehicle when it rolled, Calo said.

He passed a sobriety field test and received several summonses, the prosecutor said.

Oakland police later notified Calo’s office after a tipster told them that Officer Daniel Kern -- who was among the crowd when police arrived at the crash site -- had actually been driving, he said.

Kern was charged with two counts of assault by auto for causing serious bodily injury while driving recklessly while intoxicated.

He also was charged with DWI, operating an ATV on a public roadway, not wearing a helmet and not providing information following a crash, among other offenses, the prosecutor said.

Fahy, meanwhile, was charged with hindering.

Both remained free pending a first appearance in Central Judicial Processing Court in Hackensack, which Calo said hadn’t yet been scheduled.

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