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I am done with DUI's...frustrated...

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  • #16
    I bet if they risked losing their job over a conviction, the DUI's would go down.

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    • #17
      Originally posted by Phlip View Post
      I think you hit the nail on the head with how ridiculous that simple misdemeanor arrest for OWI/OUI/Drunk Driving/Whatever is more paperwork intensive than a Felony B/E or an assault.

      The simple fact is, affluent businessmen, politicians, and even prosecutors and judges usually don't get arrested for B/E; but anyone can be arrested for OWI, and those people usually have good lawyers constantly pushing case law to the breaking point.

      I ran across a drunk driving arrest from the late 70's not too long ago, all 8 lines of typed report. Now you've got an inch thick case envelope to go to the prosecutor, assuming you're not waiting on blood results.

      Then to win in court is getting harder and harder. We have our local judge who just routinely throws cases out, calling the traffic stop insufficiently articulated or just flat out not agreeing with the vehicle code violation or statute that an officer would stop that vehicle for. Be damned what the law says, he doesn't like it so it just gets tossed.
      I think a lot of stuff gets canned because the court system people and the defendants play golf at the same $12,000 a year to belong country club. Personal knowledge.
      21 Years, Retired, Pensioned

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      • #18
        Up here, "drunk driving" is both a criminal offence AND subject to non-criminal administrative action against the "client's" licence.

        "Criminal" law is enacted by the Federal Government, but administered and enforced by the Provinces (kind-of like a State, but not) and Municipalities.

        DUI / OWI would be the equivalent of the following sections of our Criminal Code, which is a compendium of laws enacted by the Federal Government:
        - 253(1)(a): operate, or have the care and control, while impaired by drug and / or alcohol, any motor vehicle (land, water, rail or air);
        - 253(1)(b): operate, or C & C, while BAC > 80mg%;
        - 254(5): fail to comply with Peace Officer's demand to submit to an Approved Screening Device (like a PBT, I guess) breath test, an Approved Instrument (Breathalyzer 900 / 900A, Intoxilyzer 5000C (has a known BAC water-alcohol solution in a human mouth-temperature simulator attached to provide a standard to check operation / test results against) or Datamaster (among others) breath test, or a blood draw by a doctor / RN / lab tech.

        If a learner or new driver blows BAC > 0 on the ASD, but less than a "fail", they lose their DL for a minimum of 30 days AND could be charged for Violate DL restrictions under Provincial law. If an experienced driver blows a
        "warn" on the ASD (50 - 99 mg% BAC), the DL is gone for 24 hrs, without being charged. Either situation will also cause us to impound the vehicle until the Provincial Review Board says to release it to whoever pays the tow / storage costs.

        Anybody arrested for Impaired, without an AI test, or for blowing a "fail" on the ASD, then over 80 mg% on the AI, gets a 24 hour DL suspension, then a 7 day driving permit (if they had a DL), then a 90 day DL suspension. Most "clients" are released to a sober person, or held until sober; either way, unless they have outstanding charges, or warrants, either "client" is released on their own recog without any bail promised or paid (we do not have bail bonds agencies).

        1st time Impaired, Over or Refusal = minimum $1000 fine, $400 surcharge for victims fund (counsellors, interpreters), minimum 1 year prohibition from operating anywhere in Canada, but may be authorized for interlock breath test device use after 3 months - all under the CC. In addition, the Judge advises them that they are further suspended / disqualified until the Provincial licencing agency says so; usually, that is for 2 years, and requires re-education and addiction screening.

        2nd conviction = mandatory 30 days in gaol, plus longer suspension.

        Our paperwork is fairly onerous, but our conviction rates across this Province, as well as across Canada are pretty high. My Force is pretty good about telling people who think they are above these kinds of arrests that their threats about who they know will get them nowhere.

        Sorry to hear about your outcome, creolecop, but keep at it!
        #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
        Proud Dad of #54266 - RCMP - 2007-02-12 to date
        RCMP Veterans Association - Regina Division member
        Mounted Police Professional Association of Canada - Associate (Retired) member
        "Smile" - no!

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        • #19
          I feel ya on this whole issue, the DIC 23,24,25, finding an intoxilyzer operator and me not being SFST certified means the case would be tossed and add the ALR hearing, the super detailed report, turning the tape or DVD in and that's why I love traffic laws. Ive seen judges have these people PR bonded , even saw one who beat the crap outta his wife get PR bonded by a JP because he was connected. Seen em get booked right through based on their connections ......just get em off the street the best way you can.
          Moooooooooooo, I'm a goat

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          • #20
            why is there so much paperwork, here there is just a arrest report that includes the sfst, a dwi checksheet, the citations and the intox results/implied consent, yeah its 3 hrs of bs, but if you let them go and they kill someone down the road its your ***..
            In the end we're all just chalk lines on the concrete drawn only to be washed away, for the time that I've been given, I am what I am. I'd rather you hate me for everything I am, Than have you love me for being something that Im not

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            • #21
              Originally posted by Mstangfk View Post
              why is there so much paperwork, here there is just a arrest report that includes the sfst, a dwi checksheet, the citations and the intox results/implied consent, yeah its 3 hrs of bs, but if you let them go and they kill someone down the road its your ***..
              Dude we have way more than that. Also, it's not my *** for not arresting someone for DUI, my dept gives me that discretion, my only obligation is to get you from behind the wheel of a vehicle. I will always do that, but I don't have to arrest someone to accomplish that, thats what I'm talking about. Any cop that would stop a drunk driver and send the on their way up the road driving is a *****ing moron, and dumb*** and is responsible if something happens. Furthermore down here if you have a fast working officer (DUI guru), you could go from scene to arrest, to transport, to released in 2hrs if your given a summons. 3hrs for a fast DUI officer with booking and release, because you'll only be in jail long enough to process IE....fingerprints, picture..
              Ignored: Towncop, Pulicords, TacoMac, Ten08

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              • #22
                im pretty lucky, i bring em in the door, set up the maching, read the implied consent, do the test, read em the results, print, photograph, jail search and lock em down.

                go do my report, and back on the road..

                this is if they are cooperative, they also get a phone call in there too..
                In the end we're all just chalk lines on the concrete drawn only to be washed away, for the time that I've been given, I am what I am. I'd rather you hate me for everything I am, Than have you love me for being something that Im not

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                • #23
                  You said you don't normally make a lot of DUI arrests, recognize what you did wrong on this one and have the opportunity to do better next time. Fine! You've learned and will do better, if: You recognize that our job as peace officers is to protect the public by bringing suspected offenders into the criminal justice system. We aren't legislators, prosecutors, probation officers, judges or jurors, we're cops. Do your job, do it well and let others handle their responsibilities.

                  By making arrests, you're really doing your part. If you routinely used your "discretion" by ignoring or "kissing off" DUI arrests, you'd only become part of a problem that kills and maims thousands of innocent persons every year. Even this last arrest (that ****ed you off so much) resulted in taking a seriously impaired person off the road for some time and may have saved someone's life. Give yourself some credit for that, learn from your experience and go out there to put it to use!
                  "I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."

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                  • #24
                    Creolecop I was never big on them either,,hence my screen name. I know some of the traffic folks are gonna talk about innocent lives taken by drunks and all that good stuff, but where I work, I have always seen more innocent lives take by gangbangers armed with illegal weapons. This why I put all my energy into going out and taking these gangbangers off the street when they get a felony warrant. I get dope, guns, stolen vehicles and all the other good stuff that goes along with fugitives and its a shorter report most of the time. Instead of admin per sae and forms in triplicate. I go home feeling alot more satisifed then most of my counterparts who are motors or are in DUI Units. However its a great known secret that most motors who work in the valley make in excess of 100 a year. You are right with not letting a drunk drive home, its your job as a cop to address that. How you address it is how your dept policy dictates. Alot of agencies dont have a mandatory arrest for misdeameanor DUIs unless their is an accident involved. All I can say is locking the keys in car or in the trunk has worked for me countless times when I worked back East. Getting them a cab, disconnecting their battery cables and I have even heard unconfirmed rumors of officers letting air out of tires, all these things accomplish the same thing. Getting the moron off the street for night without tying yourself up with hours of useless paperwork and remaining 10-8 to go handle calls in your beat, back up officers, messing with gangbangers or knocking on doors for felony warrants. Their are alot of officers who dont do DUIs, you are certainly not the only one.

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                    • #25
                      Yeah, DUI bookings are a pain in the butt - I ended up making a checklist that I follow, just so I won't forget any steps. I've been hit by DUI's 3 times already - I have no tollerance for them whatsoever. You may have saved a life. It's not up to us what does or doesn't get filed. Jump through the hoops the law gives you, then move on to the next one...

                      Better luck next time
                      LIFE IS TOO SHORT TO DRINK CHEAP BEER!

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                      • #26
                        I just lock people up for whatever come my way, dui or dope or whatever. All we have here is intoxilyzer machine, any field sobriety tests and fill out a jail(or booking) sheet. Jailers book them in up here. Takes 40 mins tops once you get them to the jail. That includes time for the report.
                        www.darkwolfunderground.com/forum if you join you can see all the other good stuff on the forums. Do not enter if you are faint of heart-or don't like HARD training.... think.......strongman???

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                        • #27
                          add one more to the "DWI's suck" category...lots of time spent and paper work to be filled for a class b misd (one level up from a traffic citation)...i've made my mind up, if i can call them a ride/cab i will and will only take em to booking if they are hammered out of their mind.

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                          • #28
                            That is crazy cutting someone loose after arresting them because of an error in the paperwork.

                            If we make an error it can be deemed as a scribe error or amended after the fact. If there are too many errors on your paperwork a defense attorney may get it thrown out but the defendant still has to pay for the attorney and whatnot.

                            Good job getting the drunk off the street regardless...

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                            • #29
                              Originally posted by Mstangfk View Post
                              why is there so much paperwork, here there is just a arrest report that includes the sfst, a dwi checksheet, the citations and the intox results/implied consent, yeah its 3 hrs of bs, but if you let them go and they kill someone down the road its your ***..
                              In the wonderful state of La.(we have DRIVE THROUGH daquiri shops for gawds sake),it takes longer to book a DUI ,than a murder1,this is no joke,our dui paperwork takes about 2-3 hours(less for troopers of course) I can arrest /book a suspect for murder 1 in 1 hour or less.This is why I have sometime been accused of running a taxi service,I truly feel my main thing is get the drunk off the road,take them home,call a friend,whatever it takes.I will not just let them roll,NO WAY,but with the way La. handles it,sometimes it aint worth the grief.
                              Sleeping Giant. They're not fat and happy anymore. They are hungry and increasingly angry. That is not a good recipe for a "Puppies and Rainbows America".

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                              • #30
                                1.5 hours from time of stop to 10-8, sfst's, arrest, breath test, all paperwork, report and turning in video.

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