Whether that driver is responsible for any more criminal offences relating to Mr Jack's death is yet to be determined.
Yesterday it was reported Mr Jack, who was known as Issy, was seen earlier in the morning asleep on the side of Te Ngae Rd.
Police, on their way to a domestic incident, saw him and stopped. An officer spoke to him and Mr Jack indicated he was fine and didn't have far to go.
He then walked off along Te Ngae Rd.
Police officers attending the domestic incident then saw him walk past the scene and believed he was on his way to where he was going.
Mr Jack's family are naturally devastated. His sister, Ayla Jack, has questioned why police didn't take him into custody or at least drop him somewhere safe nearby.
It's a horrible reality that if that had happened, Mr Jack would likely be alive today.
But, in my view, the police shouldn't feel responsible. It's not their job to look after drunk citizens. They did the right thing by checking him and making sure he was okay. They believed he was fine to carry on walking.
They were also tasked with attending another emergency. What would have happened if someone was killed at that domestic because police were too busy dropping Mr Jack home? There would be outrage.
For Mr Jack's family it's understandable they have questions - even anger. But the police did everything they could in the circumstances.