MIAMI — On Tuesday night, Miami-Dade police officers who were on duty found another member of the Miami Dade police force inebriated and passed out at a Kendall intersection. Though Fernando Villa, 32, was not on duty he was in his patrol car.

After many attempts by the attending officers, Villa was able to respond, according to NBC Miami. Reportedly Villa –despite smelling strongly of alcohol– was allowed to go by simply promising that he  would appear in court by signing a document. Signing a promise to appear is generally reserved for misdemeanors and it is not general protocol to use one as a means to discipline a felony or DUI.

The incident report stated that Villa was found unconscious with his car idling in drive.

According to the Miami Herald the officers summoned went against direct orders from Police Director Jim Loftus to not give Villa preferential treatment. “Someone along the line decided to depart from my specific directions,” said Loftus told The Herald. “We’re going to discover the identity of the person or person and hold them accountable.”

The Miami-Dade Police Department is now conducting an internal investigation to find out who allowed Villa to go without proper booking procedures.

It is unknown how Villa made it home.

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