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Ohio Citizens Arrest for OMVI

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  • Ohio Citizens Arrest for OMVI

    Here is a good question somebody asked me the other day.

    It seems there is a habitual drunk in the office, and after multiple attempts of reporting this to both upper management and the local police, Management could fire this person but apparently there are some extenuating circumstances. Local LEO have been unable to "catch"
    this person in the act.

    I guess the consumption of alcohol is so apparent that you would have to not look at her not to know what is going on.

    Is there a way for my friend to place this person under some sort of citizens arrest after driving??

    She is very concerned about this drunk hurting and or killing someone.

  • #2
    That is a terrible idea. Without even considering the legal aspect It's a bad idea due to the fact that this drunk guy could hurt or kill her if he doesn't want to be physically arrested.

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    • #3
      No, she can't make a citizens arrest in Ohio for an OVI. Keep calling the cops when he/she leaves work. If the person travels through multiple jurisdictions you may want to alert them as well (he/she probably takes the same route home everyday). I would suggest that your upper management re-evaluate this situation because if they know the person is drinking on the job, the company is going to be the one writing the big pay check when she injures or kills somebody. The company is not going to want the negative PR, either. Has anyone in the office tried to get this person help? Most drunks don't want the help, but at least you can try to reach out and help. I don't know what the extenuating circumstances are, but maybe it's time for your management/HR team to stop worrying about being nice and touchy-feely and take care of business. If you wanted to put your neck out there, write a letter to the Big Boss, tell him/her what is going on and let them know that by allowing a drunk remain on the job they are subjecting you and your fellow employees to an unsafe and unsatisfactory work environment. How many people would sign such a letter?

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      • #4
        Just last week a Lady in Cincinnati tried to stop A Guy that left the bar and was very intoxicated, she got ran over in the parking lot by the guy and was killed. BAD IDEA to try to stop him, call the police about 30 min before you are to leave for work and have them observe for her driving conduct
        DISCLAIMER: All opinions are mine, they do not reflect the opinions or position of my employing agency nor do they reflect any position of my agency.

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        • #5
          You cannot perform a citizen's arrest in Ohio for anything but a felony or a theft offense of which you are the victim. Period.

          If she really wants to help LE catch this intoxicated driver, here's what she does:

          She follows the vehicle driven by her intoxicated co-worker and contacts the local police department using her cell phone. She explains to the dispatcher the reason for the call and her first hand knowledge of the drivers' intoxication. She gives the dispatcher the description of the vehicle, including the license plate number, and the name of the driver. She gives the dispatcher the location of the vehicle and tells the dispatcher that she is willing to follow the vehicle and stay on the line until the dispatcher can get an officer to the area. Now, here's a very important part...she identifies herself to the dispatcher and provides a call-back phone number. Under court rulings, an officer cannot make a traffic stop for OVI based on an anonymous complaint, but can make a traffic stop based on a complaint where the caller is identified and provides a means of re-contact. If she is unwilling to make anything but an anonymous complaint, the officer must observe a traffic offense to make a stop.

          If she does not know what police agency to call, she can use the Ohio State Highway Patrol's 1-800-GRAB-DUI or *DUI for cell phones. If it's out of their jurisdiction, they can usually transfer you to the approprate agency.
          "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
          -Friedrich Nietzsche

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