Leader

Collapse

Announcement

Collapse
No announcement yet.

Deputy makes DUI arrest in her sleep... in her house...

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Deputy makes DUI arrest in her sleep... in her house...

    Well... sorta...


    From: http://www.gainesville.com/article/2...-deputy-s-home

    A Gilchrist County man accused of driving his car through a fence and into a deputy's concrete block home was charged with DUI.

    Rodney Troy Whitley, 40, was arrested by the Florida Highway Patrol after the 1:26 a.m. incident north of Bell in northern Gilchrist County.

    According to FHP, the white minivan Whitley had been driving wound up embedded on the north side of a home built with concrete blocks and owned by a Gilchrist County deputy and her husband.

    The deputy told FHP that they heard a loud noise and then saw that the minivan had come through their bedroom wall. The couple went outside and found Whitley behind the wheel of the minivan, according to Gilchrist County Sheriff's Major Tony Smith. The deputy was not injured, but her husband required stitches due to cuts from flying debris, Smith said.

    Whitley reportedly told an FHP trooper that he lost control of the minivan while answering a text message on his cell phone.

    After a breath test determined Whitley's blood alcohol level was 0.140, above the legal limit of 0.08, he was arrested on the DUI charge and booked into the Gilchrist County jail.


  • #2
    Aha! The old texting cell phone excuse.... The fact that he was nearly double the DUI limit had nothing to do with his incident,
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]

    Comment


    • #3
      Glad everyone is ok, but gotta love how the media gets everything wrong...

      "After a breath test determined Whitley's blood alcohol level was 0.140, above the legal limit of 0.08, he was arrested on the DUI charge and booked into the Gilchrist County jail."

      Actually that would be illegal in Florida, as the breath test is a post arrest only procedure.

      Comment


      • #4
        Really StudChris? Here if they are arrested and it is determined that they are under the limit, we just take them back to thier car and write them on the original pc for the stop.

        Comment


        • #5
          Originally posted by mikeymedic View Post
          Really StudChris? Here if they are arrested and it is determined that they are under the limit, we just take them back to thier car and write them on the original pc for the stop.
          Nope, PC for arrest in Florida is based on driving pattern, personal contact, and FSTs (if they don't refuse). If those give us PC to arrest, we arrest and take them to the breath technician for post arrest testing. If they blow under .08, you take their urine and they keep their license until conviction. If they refuse urine, their license gets administratively suspended and you hope the report (and video if you have it) shows enough impairment.

          Comment


          • #6
            URINE? Interesting...

            Comment


            • #7
              Florida is kind of whacky about injecting common sense into it's laws. Just because a person is at or above 0.08 BAC, it does not necessarily mean they're impaired.

              Impairment can be judged by the performance of SFSEs. And just because a person is below 0.08, it also does not necessarily mean that they are NOT impaired.

              Go figure.
              Airborne Cops are closer to God.
              Arms and legs are just extensions of flight controls.

              THESE BIG RED LETTERS HELP ME FIND MY POST.

              Comment


              • #8
                Originally posted by mikeymedic View Post
                Really StudChris? Here if they are arrested and it is determined that they are under the limit, we just take them back to thier car and write them on the original pc for the stop.
                Perhaps you should get some remedial training mikey...no joke. I'm an instructor here in your very state of Colorado and can tell you for certain your procedure violates several statutes as well as Health Department Rules and Regulations. You're also setting yourself up for severe civil liability.

                Arrest / no arrest is based on your observations of the person's impairment, usually through SFSTs (although if they refuse or are unable to perform them you can use any observation that makes sense). C.R.S. 42-4-1301 says in order to be arrested for DUI, a person merely must exhibit "impairment to the slightest degree." It does NOT say they have to be over .08 or even the .05 limit for DWAI. There have been 3 occasions where I charged a person for DUI knowing full well they were under the .05 DWAI limit. All three were convicted.

                The moral of the story: If they're impaired, charge them. The law, case law, and every DA's office will back you up. You'll also keep yourself from getting sued because that impaired person you let drive home just because he was under .08 crashed and killed someone.
                Last edited by mac266; 09-24-2009, 08:26 AM.
                MAC

                Comment


                • #9
                  Originally posted by Jenners View Post
                  URINE? Interesting...
                  Urine = walking them to the bathroom and having them pee in a cup to determine narcotics in their system... versus driving them to the hospital, waiting around for an hour, convincing the nurses that they really can draw blood for me, and drive them back to the jail to determine narcotics in the system.

                  Comment

                  MR300x250 Tablet

                  Collapse

                  What's Going On

                  Collapse

                  There are currently 6325 users online. 371 members and 5954 guests.

                  Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                  Welcome Ad

                  Collapse
                  Working...
                  X