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legality of letting 'em get a ride in FL

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  • legality of letting 'em get a ride in FL

    I wanted to know if when you let a person get a ride, by a friend,or by a taxi- who is DUI (your subject, not the person picking them up, lol), (vs. putting them in jail)- where is your legal defense to let them go that way? Can someone tell me where it says you are allowed/protectedf if you let them go in such a maner- or if its just an 'officers discression' thing.

    Im not a fan of a DUI person in the first place, so I dont particulerly like to let one go (theoretical as Ive not been employed in the field as an officer yet- just acad and related work)- I wanted to know is say that DUI you let get a ride home, does something- like gets the other person in a wreck, what protects you for letting him get a ride in someone elses car, vs. your 10-15.

    Any referances would be helpful.- or if its just an officer's discresion, that works too.

    forgive me with some of these typeos- this keyboard is extreamly... tacky (as in sticks)
    Status: Online 26% of the time
    Updated on: 12/28/09

  • #2
    It's a misdemeanor, which is what gives us discretion in rather we give them a ride where they don't want to go, or get them a taxi or a friend. You can bash people all you want, but we have discretion for a reason, and legally it's no different than someone with a little weed, or driving with a suspended license.

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    • #3
      Thats a really good question you have brought up. Every DUI I have ever been involved with resulted in that person spending at least a few hours in the clink. I was wondering if for whatever reason, the person who is arrested would not be subject to going to jail after the DUI investigation is conducted, would you be able to Marchmon Act them to make sure they don't die or do anything stupid once they have left your custody?

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      • #4
        10-4 thank you. - I was thinking about it being a misd. being part of it, but wasnt sure if there was something more specificly expressed- an officer told me that statute law stated that a taxi was a valid option, however, im sure she was para-phrasing from the above.
        Last edited by Malaru; 08-02-2007, 01:12 PM.
        Status: Online 26% of the time
        Updated on: 12/28/09

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        • #5
          Originally posted by skibum81 View Post
          Thats a really good question you have brought up. Every DUI I have ever been involved with resulted in that person spending at least a few hours in the clink. I was wondering if for whatever reason, the person who is arrested would not be subject to going to jail after the DUI investigation is conducted, would you be able to Marchmon Act them to make sure they don't die or do anything stupid once they have left your custody?
          Well we don't even have a drunk tank anymore (unfortunately). If they're drunk enough that we think they should get arrested, they get arrested, if not, than they don't. And if someone is drunk enough to fit the criteria for Marchman... they sure as hell better be arrested (even if you don't want to arrest them, there are other people who absolutely love doing DUIs).

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          • #6
            i am on probation and have actively voiced a distaste for DUIs. low conviction rates, a lot of time and effort. i have no problem assisting a DUI investigation.

            but like Chris said, some officers love DUIs to the point of calling them serious person crimes (like a carjacking?!).

            studies have shown cell phone talkers (even headset users), and tired drivers are just as dangerous as the .12-.08 BAC levels.

            again, use discretion.
            "In a bacon-and-egg breakfast, the chicken is involved, but the pig is committed." - Brian Billick

            Be that pig.

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            • #7
              Originally posted by Malaru View Post
              10-4 thank you. - I was thinking about it being a misd. being part of it, but wasnt sure if there was something more specificly expressed- an officer told me that statute law stated that a taxi was a valid option, however, im sure she was para-phrasing from the above.
              A taxi is not really a option. This is the reasoning.

              You stop a drunk
              You call drunk a cab
              Drunk gets home
              Drunk gets into another car
              Drunk crashes and kills innocent civilian (or himself)
              Internal investigation reveals that you stopped him earlier
              Family members question why you didn't arrest him (could've saved his life)
              You get sued
              Dept. doesn't back you because you didn't follow policy
              STRESS


              This has happened, and officers get disciplined and fired for it.

              A man should never be ashamed to own that he has been in the wrong, which is but saying... that he is wiser today than yesterday. Jonathan Swift 1667-1745

              It's only a conspiracy when your party is not in power.

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