Tuff night or lucky im not sure

[Noir]

Originally posted by Beeker
I'll start this with a disclaimer that I work under rules in Virginia, they may not apply elsewhere.

Thanks for keeping the drunks off the streets. I hate drunk drivers with a passion.

[manofmayo]

Originally posted by CigarJohnny
.......check point road blocks?

In Washington state, check point road blocks were declared unconstitutional a few years ago.

[seasvx]

just read your 12/28 11:52am post of your self-assesment and your honest & considered appraisal of the matter. you have all my admiration and respect for that.

[ensteele]

It is something we should all think about. I am glad nothing more happened.

[SHISVX]

in jersey, we also have the .08 limit

an officer is allowed to search the car of a person that is being arrested. they all allowed to look for proof of ownership and insurance. they are also allowed to look in the area that the person would be able to touch with his/her hands. that is pretty much the entire interior of the car. they are not allowed to take off panels or any such.

if a person does not pass a road side test to the satisfactory of the officer...the officer is allowed to arrest them.

i really think that it is messed up that you have to pay the towing and housing fee for your car. and i sure as hope they took very good care of it while it was being "taken care of"

i am not saying i agree with the officer...but i dont' like ppl that drink and drive and if i pull someone over that smells of alcohol...i am going to give them a road side test...if they fail...guess what?

Kelli

[Royal Tiger]

You CAN be convicted for DUI while under the limit in some states. It's rare but can happen. In PA the limit was just reduced from .10 to .08. We only do blood in Lehigh County as it's more accurate. As for the under the limit, in section 3731 of the Vehicle code (Title 75) part of the requirement states safe driving as well as the .08 limit. So you could be at .079 and be convicted for your operation. I'm not saying 8 over, but if there are other circumstances, ie collision, red light running, wrong side of road, etc that prove you incapable of safe operation, you could be convicted for the DUI. Rare, but can happen.
I did have a case like yours sort of. Arrested a guy for DUI and he blew a .098 and .099. I could have processed him anyway, but he was nice so I drove him home. He got stuck for the tow and storage ($92) and thanked me for it. When he picked up his car he thanked me again. I even let him slide on the red light ticket that started it all.
As for checkpoints, I don't see a problem other then possibly making you late. You get greeted and if there is no odor of alcohol or other factors, you get sent on your way. No big deal. I've driven through them in my own car and never had a problem. But, I never drink and drive.

[Uncamitzi]

Originally posted by Gargoyle
Ok after some thinking I have decided that I'm going to call the tow bill a lucky break. I was not drunk & I was under the limit . BUT--- I allso knew a couple of things -- 1 -- It was a long week & I had not had near enough sleep -- 2 -- Tis the seson to Hunt for DUI drivers ( and rightfully so ) -- 3 -- allthough I had had about 4 beers over about a 4 hour period I had just finished my last one & should have waited a bit before getting in my car. I Make it a habit of calling cabs & taking Keys all the time in the casino..agian I was far from drunk but still..

It could have been A HELLUVA lot worse than a $ 282 tow bill.. I could have been out $2500 minimum for a lawer & the loss of license & the Jacked up Insurance for the next 3-5 years And everything else that goes along with a DUI ( I have never had one but many many many of my co-workers have ) Allso it is a great wake up call .002 more ( a sip perhaps ) And it would have been a lot more than a ruff night..

Thanks for all the input And Sorry I was an idiot

Thank you for this. Sometimes a wake up call is needed and appreciated.

[Clydesvx]

I hope they used a ROLL-BACK.

[Mr. Pockets]

I agree with Mitch and others who have expressed respect for your appraisal of the situation. I'm glad it serves as a wake-up call to you, and I appreciate your take on it. Keep safe.

[Noir]

Originally posted by PA_SVX
You CAN be convicted for DUI while under the limit in some states. It's rare but can happen. In PA the limit was just reduced from .10 to .08. We only do blood in Lehigh County as it's more accurate. As for the under the limit, in section 3731 of the Vehicle code (Title 75) part of the requirement states safe driving as well as the .08 limit. So you could be at .079 and be convicted for your operation. I'm not saying 8 over, but if there are other circumstances, ie collision, red light running, wrong side of road, etc that prove you incapable of safe operation, you could be convicted for the DUI. Rare, but can happen.
I did have a case like yours sort of. Arrested a guy for DUI and he blew a .098 and .099. I could have processed him anyway, but he was nice so I drove him home. He got stuck for the tow and storage ($92) and thanked me for it. When he picked up his car he thanked me again. I even let him slide on the red light ticket that started it all.
As for checkpoints, I don't see a problem other then possibly making you late. You get greeted and if there is no odor of alcohol or other factors, you get sent on your way. No big deal. I've driven through them in my own car and never had a problem. But, I never drink and drive.

hey PA_SVX. let me get this straight...this guy you let off blew a .098 and .099 after you pulled him over for running a red light because he was a nice guy. the limit for BAC level accepted in your state is .080. while i am pretty sure that is not his first time behind the wheel intoxicated, i'm glad that that guy is back on the street without a record except for the $92 tow/storage charge. we need more stand up officers like yourself. wish more officers would give rides more often to keep drunks off the streets.

i wish you the best of luck writing reports for victims of those who ran a redlight and caused an accident while intoxicated.

[Royal Tiger]

The limit at the time WAS .10. After typing the original post I went upstairs and pulled his file to make sure I was correct since it happened in 1998. His breathalizer results (before we went to blood only) were .90 and .91, so I was off. My appologies. As for cutting him loose, it was my descrection to push a .90 through the courts and put this guy through all the hassle, or cut him loose because he was under the limit. As for the red light, it was a deserted road and he did stop before deciding to go through it. I have also let others go without a ticket who blow red lights. Again, it's called discretion. You have to take other factors into consideration. That's what seperated me from being a machine. Having a heart and mind and all. I also checked his driving record before letting him go. Prior DUI's = new arrest. I'm sure if it was you with your first ever DUI and blew .90 you'd be pissed if you got charged. I took the whole set of presentable evidence into consideration and made a decision. I also work full time now an a Specialized Crash Investigator, so I have seen enough of the damage that can be done to a person on the road. Hence my stand that you really shouldn't be driving 30 over the limit anywhere. I was kind of proud of myself with being human and treating this guy like a person, and not an object. But respect is earned, not handed out. Had he been a drunken swearing idiot, the outcome might have been different. For you to say that doesn't happen in your line of work, whatever it is, is totaly bogus. People who treat you like trash, don't get consideration like those who treat you like a person. Be it retail, sales, etc, whatever your profession.

[Noir]

well if it's under the accepted level at the time i guess it's not as bad. and if he stopped at the sign first, looked, and then proceeded, it doesn't sound as bad as what was previously stated.

i drink, but i never drive. my buddies do the same. we either have a designated driver, a friend ready to call if we need a ride, or we are ready to call a cab if worse comes to worse. it takes but a minute to make that choice.

a girl i used to know in high school got hit by a drunk after she was heading home from work. she was in a coma for 4 years and the fat bastard came out of the accident with some broken bones. if i had my way, i would break his back so that he could never walk again. i don't want him to die, i just want him to suffer and wake up to how he came to be in a wheelchair.

there probably would be less drunk drivers on the road if they knew that the punishment for offenders wasn't a little jail time, suspended/revoked license, and a fine, but instead to lose the ability to walk.

[Royal Tiger]

Believe me, after doing this job I have little sympothy for people who cause crashes. Penalties need to be more severe. Especially for the 2nd and more offenses. I can see the 1st one, but you should have learned your lesson after that.

[Alycone]

if a person does not pass a road side test to the satisfactory of the officer...the officer is allowed to arrest them.

I wince at that, since a roadside test is basically a quick neuro exam, I wish they'd rely more on the actual offense or alcohol levels (attitude is fine too). I don't like the idea that the sick people are stuck with a tow bill while the healthy are sent on their way for an identical offense.

The roadside test isn't the only thing that gets considered when making an arrest. The choice to even administer the test has to have some basis, like smelling an odor of an alcoholic beverage or other intoxicant or seeing symptoms of drug use. There would also have to be some driving behavior that was a violation of traffic law or was irregular enough to warrant investigating the cause. The roadside tests are also of differing types, physical and mental and really only show if the driver can perform basic tasks. Most of us in law enforcement have had the occassion to stop a person who looked like they were driving drunk but were instead in the middle of a diabetic or other medical emergency. We get trained to recognize those situations and respond appropriately. In those rare instances, I've never had someone complain that their car got towed because they could not safely operate it.