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New York Man Arrested Twice the Same Night on Drunk Driving Charges

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  • New York Man Arrested Twice the Same Night on Drunk Driving Charges

    New York Man Arrested Twice the Same Night on Drunk Driving Charges

    http://www.foxnews.com/us/2011/04/27...drunk-driving/

    A New York man was arrested twice in a matter of hours early Tuesday morning for drunk driving, state police said.

    Wilbert A. Elvy, 46, was first stopped by state troopers in Poughkeepsie, a city in upstate New York, for driving a 1999 Cadillac Escalade and failing to dim its high beams and was arrested on a drunken driving charge.

    Elvy had a blood alcohol content of 0.14 percent, police allege. The legal limit in the state is 0.08 percent. Elvy was released to a sober passenger who was supposed to drive him home.

    However, about two hours later, the same state troopers who arrested him on the first offense noticed the same SUV weaving and crossing the street’s centerline. The vehicle was stopped, and police said they discovered Elvy behind the wheel. He was promptly arrested again and later posted $250 for bail and was released to his girlfriend.

    He is due back in court on May 4.
    Look sharp, act sharp, be sharp.

  • #2
    Dummy -He forgot to give the Trooper his PBA card.
    MDRDEP:

    There are no stupid questions, but there sure are a lot of inquisitive idiots.

    Comment


    • #3
      Originally posted by jcioccke View Post
      Dummy -He forgot to give the Trooper his PBA card.
      ^ that actually made me laugh.

      "But Officer... my friend's, uncle's, cousin is a cop... which kind of makes me a cop... right? Can't you give me a warning just this one time?"
      Look sharp, act sharp, be sharp.

      Comment


      • #4
        ^^^Nope, if they're able to post bond, they're released. We've had a few folks get multiple DWIs in the same night.
        Those of us that are in this profession have much thicker skins than the average person. Your "insults" are not even a good pimple on the *** of what truly bothers us. -Iowa 1603

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        • #5
          I remember a guy in Toledo, OH had a huge number of outstanding DUI he had not been to court on yet, like 20 or more as I recall.

          The arrest times/dates were amazing (fake dates, realistic times)
          June 1 at 75 and buck road 151am
          June 2 at 75 and buck road 157am
          June 3 at 75 and buck road 201 am

          There were strings of them like that in 2's and threes, same place, same general time, concurrent days. He would be released in the morning before court was in session...finally they held him over to see a Judge and the guy got 1 year in CCNO (regional jail) for ALL of the offenses combined, what a deal.

          Bill
          Just pay your dues, and be quiet :-)

          Comment


          • #6
            It is stupid to not physically book and hold DUI drivers. Even if our guys try to bail they have to be held a certain # of hours depending their BAC, there is no need to bail either b/c when you are done with your detox stay you are released by citation on misd cases.

            It's a serious risk to public safety to immediatley release a DUI driver. They obviously were not responsible enough to not drive in the first place, why would they not drive again once released and still intoxicated?
            Originally Posted by VegasMetro
            maybe it’s me but I think a six pack and midget porn makes for good times?????

            Comment


            • #7
              Originally posted by Doughboy213 View Post
              ^^^Nope, if they're able to post bond, they're released. We've had a few folks get multiple DWIs in the same night.
              Depends on the state. We keep you for at least 12 hours.

              Comment


              • #8
                I arrested a guy for DWI recently that had gotten popped for a DWI by my backup unit a week prior but nothing quite like the OP's guy

                Comment


                • #9
                  Originally posted by mtxpro752 View Post
                  It is stupid to not physically book and hold DUI drivers. Even if our guys try to bail they have to be held a certain # of hours depending their BAC, there is no need to bail either b/c when you are done with your detox stay you are released by citation on misd cases.

                  It's a serious risk to public safety to immediatley release a DUI driver. They obviously were not responsible enough to not drive in the first place, why would they not drive again once released and still intoxicated?
                  When we arrested this guy we followed our procedures. He blew, he was processed, and released to a sober 3rd party. We can't help it that the dumb*** Didn't listen to us, drove and got arrested again.

                  The facts are as follows: our job prohibits the use of holding cells. We cannot "hold" someone in the station without taking a patrol off the road to watch them sit cuffed to our bench. (On this night, there were 2 patrols (4 guys total, including r49) covering several hundred sq/mi, so its not good to have a patrol tied up to babysit). When we arrest someone, they are processed and either released with a court date or arraigned in front of a judge and then either bail out or go to jail. As I have discussed previously, here in Dutchess County, we have a tough time getting judges to come out at night for violent felonies, let alone a simple misdemeanor DWI. You think the judge who refuses to answer the phone for shootings and stabbings (yea it happens) is going to come out for a relatively minor offense??? I dont think so.

                  We work within the rules and regulations of our respective agencies, like it or not. Personally, I'm envious of you guys who get to just "lock people up". I can't.
                  Last edited by reils49; 04-30-2011, 10:01 AM.
                  I make my living on Irish welfare.

                  Comment


                  • #10
                    If any of you are from NJ or have seen the Hero campaign bumper stickers, the campaign was spawned because of the death of Navy Ensign John Elliott, a recent Naval Academy grad who was on his way home to see his family in NJ.

                    Earlier in the evening, a drunk driver was arrested and later released by NJSP to a friend. The friend dropped him off at his vehicle and the dude went out and drank more. He got back out on the road and crashed into Ensign Elliott, killing him and himself. Friend was prosecuted but acquitted( a friend and co-worker of mine actually prosecuted the case).

                    Anyway, the Hero Campaign has raised awareness and hopefully it has saved some lives. However, this was a major tragedy.


                    "Jerry, just remember, it’s not a lie if you believe it". George Constanza.

                    Comment


                    • #11
                      Originally posted by reils49 View Post
                      When we arrested this guy we followed our procedures. He blew, he was processed, and released to a sober 3rd party. We can't help it that the dumb*** Didn't listen to us, drove and got arrested again.

                      The facts are as follows: our job prohibits the use of holding cells. We cannot "hold" someone in the station without taking a patrol off the road to watch them sit cuffed to our bench. (On this night, there were 2 patrols (4 guys total, including r49) covering several hundred sq/mi, so its not good to have a patrol tied up to babysit). When we arrest someone, they are processed and either released with a court date or arraigned in front of a judge and then either bail out or go to jail. As I have discussed previously, here in Dutchess County, we have a tough time getting judges to come out at night for violent felonies, let alone a simple misdemeanor DWI. You think the judge who refuses to answer the phone for shootings and stabbings (yea it happens) is going to come out for a relatively minor offense??? I dont think so.

                      We work within the rules and regulations of our respective agencies, like it or not. Personally, I'm envious of you guys who get to just "lock people up". I can't.
                      I guess I'm lucky where I work that we have a judge come in on weekends and holidays for arraignments so we'll hold in our jail until the next morning and they'll be arraigned, but I also work for a larger agency...I think the laws are also different in Michigan where a drunk driver has to be kept until they're sober to avoid a scenario like this one - if anyone is a cop in Michigan feel free to correct/expand on that...
                      Originally posted by RSGSRT
                      We've reached a point where natural selection doesn't have a chance in hell of keeping up with the procreation of imbeciles.
                      Why is it acceptable for you to be an idiot, but not acceptable for me to point it out?

                      Comment


                      • #12
                        Originally posted by Aerohead View Post
                        I guess I'm lucky where I work that we have a judge come in on weekends and holidays for arraignments so we'll hold in our jail until the next morning and they'll be arraigned, but I also work for a larger agency...
                        I work for the 2nd largest agency in the state (almost 5,000 sworn members).
                        I make my living on Irish welfare.

                        Comment


                        • #13
                          Originally posted by reils49 View Post
                          I work for the 2nd largest agency in the state (almost 5,000 sworn members).
                          I meant as far as having people available for holding prisoners (county sheriff and jail) and whatnot...sorry - I mis-spoke - didn't mean to make it sound like I was making your department sound like a small agency or something; I guess I just misunderstood what you were saying about only having 4 officers on duty at a time...

                          Edit to add: It's one of the few and only benefits to working for my dept...
                          Originally posted by RSGSRT
                          We've reached a point where natural selection doesn't have a chance in hell of keeping up with the procreation of imbeciles.
                          Why is it acceptable for you to be an idiot, but not acceptable for me to point it out?

                          Comment


                          • #14
                            In Denver, drunk drivers are held in a detox facility for a pre-determined amount of hours (usually overnight) before being let go. It costs them several hundred dollars for the stay, just the first of many hits that they'll get.
                            @$$holes. (I hate drunk drivers)
                            sigpic
                            Don't make me gassy.
                            You wouldn't LIKE me when I'm gassy...
                            _________________________________

                            If you're offended by something that I've said...it was just your turn.

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                            • #15
                              Up here, as long as the "client" does not have a (more than one) outstanding warrant for some EXTREMELY serious offence (includes MULTIPLE fail-to-appear court charges pending), lives in the area where they were arrested and a sober adult that claims / seems to be willing to keep her / him under control, seems to be able to understand the ramifications of the pending charge(s) and is not outwardly threatening to commit further offences, then we MUST release or face the possibility of the Courts tossing the charge due to unlawful detention.

                              The original post, and similar comments since then, are the reason that you MUST use all "tools" available to you, PARTICULARLY vehicle-seizure authority. Such authority was legislated and a process established here about 4 years ago, and was EXCELLENT - no matter who the owner of the vehicle was ("client", a passenger, any other individual, employer), the power of seizure was there for us for ANY violation of the Provincial traffic law, and we had NO authority to release the vehicle. The ONLY way to get it back was to contact the review board. All we have to do is call the tow truck, give a copy of the notice to the tow truck and "client", fax in the seizure form and circumstances to the review board, and carry on looking for more "clients". Seizures ranged from the end of the next business day to 3 months.
                              #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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