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

    I'm leaving a call with another Deputy behind me, and a drunk prominant business owner almost takes me out (T-bone style) with his 2008 hummer. I hit my brakes hard and the deputy behind me almost takes out my rear end due to no fault of his own. The hummer keeps going and I hit my lights and siren. He keeps driving (normal) for several blocks. Finally after 3 police cars are behind him with lights and siren (and it's night time) he pulls over. He gets out and almost falls down. At this point we find out who he is. He's also a big political supporter of local elected officials. First off I don't care and will go down fighting but I will not cut breaks just because of political pressure.

    While telling him he failed the field sobriety and that he will be going to the Sheriff's Office with me, he asks can he call this big wig, or how about this big wig, and at this point I get a little P.O'd and tell him when gets to jail he will be allowed a phone call and at that time he may call whom ever he wishes. He then tells me, you know I don't appreciate that one bit. I tell him thats fine and thats his right but that he asked about making calls and I advised him of when and where he could do so. Once I put the cuffs on and put him in the back of the car he lightened up alot and became apoligetic (sp?)

    We get to the station and I have him in our intoxilyzer room, I proceed with all that and that paperwork and he blows a .196
    I put him in one of our detention rooms in the admin building while I prepare his booking report for the jail. I get a call from a "big wig" hey so what's the protocal does he have to be booked in he's my neighbor, is there something maybe we can do. I explain no since this is a misdemeanor because it's his first one (within a 5yr period, his 4th in his lifetime) that I could release him on a summons arrest rather than booking but that I always book for DUI because in reality this is the only time they will do in jail. The big wig agreed and said hey I know it's your call and thats fine if thats what you do. Kind of hesitated on the phone waiting for me to change my mind and when I just went silent he said, ok, well I'll just let his wife know he will need to bond out. Then I found out (cause I'm not a big or frequent DUI'er) that there is a preset $500 bond for DUI so he pays $100 to a bondsman and he's out of jail. So they are only in jail long enough to process (don't even get changed over into oranges) and the bondsman is waiting on them up front at central already. So after realizing this I decided well, I might as well make brownie points since I'm the only one going to pay for booking him (in terms of having to do a booking report) so I decided to let him go on summons. After finishing his mountain of DUI paperwork, I have another Deputy look over it to make sure I didn't miss anything we realize I never did his interview which is time stamped BEFORE putting him on the intoxilyzer. What does this mean, that the prosecutor would never accept this. I understand why because a defense lawyer would eat it up, and a judge would throw it out so fast you'd wonder if court even started yet. So I go outside retrieve this guy who is waiting on his ride. Give him his drivers license back took back the DUI paperwork I had given him, told him it was a bad dream with a lesson about driving drunk and that in the morning when he wakes up never D&D again. He was very very appreciative, couldn't stop shaking my hand and high tailed it out.

    Now I'm stuck with 3hrs worth of arrest time and paperwork because I forgot one page in the step process, not to mention I had big wigs calling. It got me to thinking, all this crap for a freakin misdemeanor that will never get this guy jail time anyways, only fines and he definately has the money to pay. Because he knows people he will get his drivers license re-instated at his license hearing in 15 days, so other than some money in his pocket, what did I accomplish NOTHING. I got a drunk off the street for the night. I could have done that by making him call a ride right there on the side of the road to pick up him and his truck, and saved me the heart ache. So then I talked to a judge that I'm related to about it and he said, until they hit their 4th DUI in a 5yr period they will not see jail time, also the jail time is mandatory and it's only 48hrs. You have to pile them up to like number 6-7 in a 5yr period before they will see a jail cell.

    So what the hell is the motivation of doing a DUI? It seems this law is written for all the rich lushes, judges, business people and big wigs who are likely to be arrested for DUI if arrested for anything. When the state takes DUI's seriously then I will, I said that before and still decided the other night I would do one. I shredded up my Intoxilyzer card that night, I don't remember my number and don't need to. I will never do another DUI. It's like an infraction rather than criminal. It's like doing hours worth of paperwork for running a stop sign, I mean really why bother, get him off the road for the night and move on.
    Ignored: Towncop, Pulicords, TacoMac, Ten08

  • #2
    You sound just about as p**sed off as I was when I found out one of our cooperators let one of our frequent felony flyers out with a written warning on something (actually, two charges) that would have put him back in for a long, long time. There's no way they could have missed it, having worked with us before on the same guy. No way to re-address that one - I tried & tried - and just about cried, as it was a really good chance to finally put the guy back where he belonged. It was an unusual situation to be sure, but I was livid beyond belief. As soon as I read your post I was starting to well up with the absolute disgust that I've had ever since for that officer & his agency.

    Your answer is going to be the same as what mine was: get up tomorrow and do it all over again, only better. It is the job we love, and those who make us miserable while we do it just aren't worth the aggravation. They will never go away, there's nothing we can do about it, but we can choose our own attitude and still do our job as best as we can.

    Eventually, working with an AGs office from another state and (oddly enough) the Social Security LEOs, that numnuts is now where he belongs not in our prison but in one adjacent to our state. Fine with me. But, that other officer & agency were not involved - however, pi**es me off incessantly that that officer still pokes his nose around occassionally to see what's up with that particular bad guy. Jerk.

    You did a lot of good work on your call, and got the drunk off the street. That's the objective. Nothing you can do will keep him from doing it again (except himself making some behavioral changes) so odds are you might get another chance somehow as I did. Not the way I wanted, but met the end objective just the same.

    Some days you eat the bear, some days the bear eats you.
    Last edited by Nessmuk; 07-30-2009, 04:29 PM. Reason: gnilleps
    The opinions expressed here are from the individual only and do not represent the view of any agency that the poster may be affiliated with

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    • #3
      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.
      Invisible cows control my mind.

      Comment


      • #4
        I do somewhat agree. It does seem that my jurisdiction is somewhat tougher on DUI's than yours.

        3rd DUI in 7 years nets you a Felony here in in NV. And a first offense get's you $3000 bail and no chance for a summons. (We don't even offer those on any misdemeanors).

        But I hate the paperwork. And I hate the DMV hearing. I hate the fact that the judge will be happy to throw the case out for any tiny mistake.

        Comment


        • #5
          Creolecop, I want to thank you for possibly saving a life by "at least" getting him off the road. My uncle was killed in the line of duty in 1995 by a drunk driver. That is all the motivation that I need to go after DUI's. I could care less if they get convicted, honestly, because if they are in my car and not in control of the one they were driving, then I know they can't kill somebody. I don't care how much paperwork is involved.

          I have let them call for rides if they were borderline, but that's not normal for me. I have hooked them up in thier own driveway when they told me they had come from a bar that was 10 miles away. Think about how many cars he passed in those 10 miles before I got behind him.

          If all you choose to do is let them call rides or let a sober passenger drive then that is fine too. Just don't stop getting drunks off the road.


          http://www.odmp.org/officer/819-depu...s-mark-windsor
          Last edited by opd743; 07-30-2009, 04:31 PM.
          Be strong and courageous. Do not be terrified; do not be discouraged, for the Lord your God will be with you wherever you go (Joshua 1:9).

          Comment


          • #6
            Originally posted by creolecop View Post
            I'm leaving a call with another Deputy behind me, and a drunk prominant business owner almost takes me out (T-bone style) with his 2008 hummer. I hit my brakes hard and the deputy behind me almost takes out my rear end due to no fault of his own. The hummer keeps going and I hit my lights and siren. He keeps driving (normal) for several blocks. Finally after 3 police cars are behind him with lights and siren (and it's night time) he pulls over. He gets out and almost falls down. At this point we find out who he is. He's also a big political supporter of local elected officials. First off I don't care and will go down fighting but I will not cut breaks just because of political pressure.

            While telling him he failed the field sobriety and that he will be going to the Sheriff's Office with me, he asks can he call this big wig, or how about this big wig, and at this point I get a little P.O'd and tell him when gets to jail he will be allowed a phone call and at that time he may call whom ever he wishes. He then tells me, you know I don't appreciate that one bit. I tell him thats fine and thats his right but that he asked about making calls and I advised him of when and where he could do so. Once I put the cuffs on and put him in the back of the car he lightened up alot and became apoligetic (sp?)

            We get to the station and I have him in our intoxilyzer room, I proceed with all that and that paperwork and he blows a .196
            I put him in one of our detention rooms in the admin building while I prepare his booking report for the jail. I get a call from a "big wig" hey so what's the protocal does he have to be booked in he's my neighbor, is there something maybe we can do. I explain no since this is a misdemeanor because it's his first one (within a 5yr period, his 4th in his lifetime) that I could release him on a summons arrest rather than booking but that I always book for DUI because in reality this is the only time they will do in jail. The big wig agreed and said hey I know it's your call and thats fine if thats what you do. Kind of hesitated on the phone waiting for me to change my mind and when I just went silent he said, ok, well I'll just let his wife know he will need to bond out. Then I found out (cause I'm not a big or frequent DUI'er) that there is a preset $500 bond for DUI so he pays $100 to a bondsman and he's out of jail. So they are only in jail long enough to process (don't even get changed over into oranges) and the bondsman is waiting on them up front at central already. So after realizing this I decided well, I might as well make brownie points since I'm the only one going to pay for booking him (in terms of having to do a booking report) so I decided to let him go on summons. After finishing his mountain of DUI paperwork, I have another Deputy look over it to make sure I didn't miss anything we realize I never did his interview which is time stamped BEFORE putting him on the intoxilyzer. What does this mean, that the prosecutor would never accept this. I understand why because a defense lawyer would eat it up, and a judge would throw it out so fast you'd wonder if court even started yet. So I go outside retrieve this guy who is waiting on his ride. Give him his drivers license back took back the DUI paperwork I had given him, told him it was a bad dream with a lesson about driving drunk and that in the morning when he wakes up never D&D again. He was very very appreciative, couldn't stop shaking my hand and high tailed it out.

            Now I'm stuck with 3hrs worth of arrest time and paperwork because I forgot one page in the step process, not to mention I had big wigs calling. It got me to thinking, all this crap for a freakin misdemeanor that will never get this guy jail time anyways, only fines and he definately has the money to pay. Because he knows people he will get his drivers license re-instated at his license hearing in 15 days, so other than some money in his pocket, what did I accomplish NOTHING. I got a drunk off the street for the night. I could have done that by making him call a ride right there on the side of the road to pick up him and his truck, and saved me the heart ache. So then I talked to a judge that I'm related to about it and he said, until they hit their 4th DUI in a 5yr period they will not see jail time, also the jail time is mandatory and it's only 48hrs. You have to pile them up to like number 6-7 in a 5yr period before they will see a jail cell.

            So what the hell is the motivation of doing a DUI? It seems this law is written for all the rich lushes, judges, business people and big wigs who are likely to be arrested for DUI if arrested for anything. When the state takes DUI's seriously then I will, I said that before and still decided the other night I would do one. I shredded up my Intoxilyzer card that night, I don't remember my number and don't need to. I will never do another DUI. It's like an infraction rather than criminal. It's like doing hours worth of paperwork for running a stop sign, I mean really why bother, get him off the road for the night and move on.
            So, you took a guy off the street. Good for you. Yet you're upset that you had to tank the paperwork because you screwed up said paperwork, yes?

            No need to stop doing OWI's. Just learn to be more attentive to your paperwork. Not a big deal. After awhile, those small OWI's do mean something! Keep up the work guys and gals. DO NOT LET OWI's GO!!!!

            Comment


            • #7
              At least you got him off the road for the night.

              Not sure how your jurisdiction is, but most places you would just realise you made a mistake (it happens), and keep him in jail and keep the charges. He may not get convicted, but he would probably at least spend a ton of money on a lawyer. Again, that's most places, maybe not yours.

              Comment


              • #8
                Originally posted by MidCareer View Post
                So, you took a guy off the street. Good for you. Yet you're upset that you had to tank the paperwork because you screwed up said paperwork, yes?

                No need to stop doing OWI's. Just learn to be more attentive to your paperwork. Not a big deal. After awhile, those small OWI's do mean something! Keep up the work guys and gals. DO NOT LET OWI's GO!!!!
                Yes, I messed up the paperwork, but the point here is the ridicoulousness of the paperwork IMO is set up that way for a reason. It's to allow the rich and the big wigs more of a chance for an out.

                I have had a drug bust that consisted of 55lbs our marijuana, 2 kilos of cocaine and 50oz of liquid PCP, and a gun, and my paperwork was less than a BS misdemeanor DUI, not to mention although you don't want mistakes in your paperwork EVER the paperwork on that drug bust is more forgiving than DUI paperwork. DUI paperwork atleast here is VERY unforgiving, nevermind forgetting to do a step, sign your name in the wrong place and it's tossed.

                I would never let a drunk get back on the road after recognizing this fact, but to haul him off to jail for his wopping 45min processing stay, Whats the gain from a LE point of view. Another arrest for the stats, thats about it. If I had made a drug arrest no "big wig" would have been calling no one would have wanted to be associated, but make a DUI arrest and big wigs crawl out of the woodwork. I'v even been told by a state legislature who was a reserve officer where I worked, that the law and paperwork is set up the way it is by design not coincidence.

                ******************StudChris*****************

                Thats just it, there is a preset bond here for a measly 500 dollars, he would have been in jail for a whopping 45min. Just long enough to process him and he would have been bonded out. He only had to pay a bondsman 100 dollars, and his bondsman was at the jail waiting on me to get there for him to get processed. There was no jail time.

                What's even funny, is "ON PAPER" Louisiana has some of the toughest DUI laws on the "books". though it's all BS and only looks good on paper. It's disgusting
                Last edited by creolecop; 07-30-2009, 05:12 PM.
                Ignored: Towncop, Pulicords, TacoMac, Ten08

                Comment


                • #9
                  So you arrested the guy and took him to the station, issued him a summons, let him go. Then stopped him on his way out the door and dropped the entire charge because you missed a piece or required paper work? I wouldnt have dropped it like that, especially after already transporting him away from the scene and telling he was being arrested. I would be afraid that would open a can of worms itself.

                  Comment


                  • #10
                    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.
                    My partner had one of those. State law - 'impairment to any degree.' Judge said 'defendant was impaired, but not to a degree which I will find her guilty'.

                    WTF?
                    summer - winter - work

                    Comment


                    • #11
                      Originally posted by DeputySC View Post
                      So you arrested the guy and took him to the station, issued him a summons, let him go. Then stopped him on his way out the door and dropped the entire charge because you missed a piece or required paper work? I wouldnt have dropped it like that, especially after already transporting him away from the scene and telling he was being arrested. I would be afraid that would open a can of worms itself.
                      My supervisors all agreed it was all I really could do, other than embarrassing the hell out of myself sending that paperwork up. This wasn't a MAYBE it will get kicked back from the prosecutor this was a "DON'T EVEN SEND THAT UP" deal. People get arrested all the time and get unarrested cause they know someone. There will be no reprecussions here for that, it was an honest mistake that would have voided the case, wasn't like a made up a charge, took the guy to the station and then said now behave and let him go, he was released on technicality, which happens every second in this country I'd imagine.
                      Ignored: Towncop, Pulicords, TacoMac, Ten08

                      Comment


                      • #12
                        How about arresting him outside the jail for drunk in public...hehehe...
                        Free Deke O'Mally!!!

                        Comment


                        • #13
                          Whats the gain from a LE point of view. Another arrest for the stats, thats about it.
                          Saving lives.... Or do we not do that anymore?

                          People get arrested all the time and get unarrested cause they know someone. There will be no reprecussions here for that, it was an honest mistake that would have voided the case, wasn't like a made up a charge, took the guy to the station and then said now behave and let him go, he was released on technicality, which happens every second in this country I'd imagine.
                          So you just let him go. Who cares who he knows. He broke the law, you arrested him, and now lets let the courts figure it out.

                          I can't see letting someone post bond for a DUI after 45 minutes myself. Got to do what state law says but here we keep them until they can blow .02 or less. .196 would be at least a 12 hour hold if not more. I will check the BAC chart tommorow to give the exact time.
                          Last edited by opd743; 07-30-2009, 06:14 PM.
                          Be strong and courageous. Do not be terrified; do not be discouraged, for the Lord your God will be with you wherever you go (Joshua 1:9).

                          Comment


                          • #14
                            Idk what kind of paper work yall have to do but ours isnt nearly that much. Its more time consuming than anything. Working for a dept where there is usually one person on shift at a time, we turn our DWIs over to the Highway Patrol. I have to do an arrest sheet because I made the stop but that is it on my end. The troopers have a rights form the sujbect signs, the Intoxilizer sheet, the citation, and a questionaire that he may or may not use. I think that is about it. However if I make a stop the length of time I am busy is rediculous. 2 hrs min to run the test 3 or 3.5 if you include the actual traffic stop and transportation to the county seat/intoxilizer room.
                            Striving to create a world in which I am no longer needed. 1*

                            Comment


                            • #15
                              Things must have changed since I was in patrol many years ago, When we busted a DUI they were never released from the station until the jailer felt they were sober. I can't ever remember someone getting out in less than 6-8hours, and I have seen people that were plastered drunk stay for over 12 hours before being released..
                              Retired LASD

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