Posted: 5/22/2007 8:42:27 AM EDT
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Not saying I have never done it before, but we have had incidents where the drunks drive later after you give them the brake. We even had a cop ticket a guy instead of booking him for DUI. The guy drives away and hits a motor cop 3 miles away. Here is another case where the officer actually had PC for a DUI and cut him- talk about a liability! __________________________________________________________________________________ Driver Who Tested Positive for DUI Not Arrested, Dies in Wreck 3 Hours Later Tuesday, May 22, 2007 JANESVILLE, Wis. — A driver who was stopped for speeding and tested over the legal limit for blood-alcohol content, but was not arrested, was killed less than three hours later Monday when his car hit a tree, according to police. Janesville police records indicate that Jason Stacy, 29, was seen speeding and driving erratically downtown shortly after 1 a.m. According to an analysis of police records by WISC-TV in Madison, Stacy was stopped and given a Breathalyzer test that indicated a blood-alcohol level of 0.12 percent. The legal limit in Wisconsin is 0.08. Stacy was ticketed for imprudent speed and failing to stay in the center of his lane. The officer didn't arrest Stacy but did prevent him from driving until a friend picked him up, the television station reported. Around 3:45 a.m., Stacy's car hit a tree and burst into flames, deputies said. Stacy, who was alone and not wearing a seatbelt, was found about 50 feet away. Janesville police declined to comment. The Rock County Sheriff's Department said it is investigating. |
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I believe the liability would now fall on the officer that let the drunk go. That's crazy to do that, knowing he was stopped for careless driving and failed the Breathalyzer. However, I have "let a DUI go" of sorts, as in, not charging them. For instance Saturday night we found a guy sleeping in an SUV at WalMart. He was pretty trashed, and the keys were in the ignition. We took his keys and let him sleep it off since he had no prior DUI and he was trying to do the right thing. His girlfriend picked him up from the SUV the next morning and brought him up to the PD to get his keys. It would have been a shame to charge him with public drunk or DUI for trying to do the right thing, but we also couldn't let him keep the means to drive the vehicle. As for just letting someone drive away, not on my watch! |
Whoa, you guys need to read this a little more carefully. The officer didn't let the drunk drive away.
I don't see how liabaility falls on the officer at all. |
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No liability. Shit, my dpartments SOP is to arrest, cite and release to a friend.  I let a lot of suspected DUI's go (why even check BAC if you are going to allow them off?). Mostly Marines from the base. I do call their command however and let them know how close their fine Marine came to losing a career. Probably gets them stamped a bit harder at base than any DUI could do, and does not kill their career. |
I think with the time lapse and the fact the driver was released to another person, the cop "might" be in the clear, but I would not want to take my chances with a Civil trial/issue on this one. The BAC was not what one would consider very high. Too much time has passed between the release and the MVA to hold the officer accountable... just my opinion. Our department's policy, as well as mine, is to arrest on ALL DUI incidents.... period!! |
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I agree, no liability. In PA, a driver arrested for DUI is taken for BAC, processed then released to a friend or family member. Whats to keep him from getting into another vehicle? Nothing. In this case, the officer didn't allow him to continue driving. The driver was released to a friend. Almost three hours later she got into an accident. Oh well, Darwin wins again. |
I disagree. I've let people go who have had a drink but IMO was not DUI. I can't see many letting a real DUI drive on just because of paperwork. |
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What would really be nice to know is if he was told by a supervisor to lay low and avoid arrests due to staff shortage. . . . . . I've been in that situation before so I towed the car, cited them and called parents to pick up their kid. If mom and dad let him go in a car after that it's on them. 
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But what about the car?? For us, if a person is DUI or UICS, we are supposed to tow the car. Also, the only time we can cite for DUI is if they are injured and at the hospital. We get the test and scoot. Now, what are the laws for DUI where this occurred? We are an implied consent state and a PBT does not count as an actual BAC test. |
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The officer did not let him drive away. The driver was cited for a traffic violation (non-DUI) and a friend came and picked her up. Should he have towed the car? Probably. If the vehicle was in a location that was not a traffic hazard, like a parking lot or on a street he should have at least taken the keys and told the driver to pick them up at the station tomorrow. Of course the driver may have another set of keys at their residence, but the driver could have also had easy access to another vehicle. When I arrest somoene for DUI, from stop to release may take an hour. The time may vary somewhat depending on how busy the hospital is where we take the driver for BAC. Get the blood, take the driver back to the station, photograph, print and release to a friend or family member. Whats to keep this person from going home and jumping into another vehicle and doing exactly what the driver in the original post did? Nothing. Is the officer still going to be liable because he arrested him for DUI, but later the driver got into an accident? No. |
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We typically arrest if they are over the limit, our chief is big on that . However, nothing is black and white. If they are borderline, and the car is parked in a private lot or legally then we can leave it however we usually take the keys. If we do arrest, we have to lodge them for a preset time given the rule of .015% elimination per hour until .002 if over 21yrs. I have never heard of releasing a prisoner to a "responsible" person after being processed. As far as liability - I don't think that the officer is too bad off as officers are allowed discretion and I think he used it by TOTing him to a soberperson and that it was several hours later that the suspect died. That person choose to drink and made another decision to drive. The liability is on the driver. Actually it sounds like the officer used descretion. I personnally don't mess round and if someone is over the limit thaen I don't mees with it. I have to feel comfortable with my self when I go home at the end of shift and I don't want to "wonder" weather I should have arrested him. I am not going to monday morning quaterback him, it happens all to often and sometimes I think that cops are the best at it. |
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Police Defend Decision Not To Arrest Man Prior To Fatal Crash Investigators Looking For Stacy's Friend UPDATED: 8:48 pm CDT May 23, 2007 JANESVILLE, Wis. -- The Janesville Police Department is defending an officer's decision not to arrest a Brodhead man on suspicion of drunken driving even though the man was later killed in a fiery car crash on Monday. According to a police report, an officer pulled over Jason Stacy, 29, at about 1 a.m. on Monday on suspicion of speeding and driving erratically. Three hours after the traffic stop, Stacy was killed in a crash south of Orfordville. Police said the officer who stopped Stacy followed the correct protocol during the stop and that there was not enough evidence that Stacy was drunk. According to a police report, the officer thought Stacy could have been driving as fast as 100 miles an hour just before he was stopped at Main and Racine streets in downtown Janesville. The police report said that Stacy's blood-alcohol level from a Breathalyzer test was 0.12, which is above Wisconsin's legal limit for driving of 0.08. The officer said that Stacy passed three different field sobriety tests and the officer said in the report that he didn't feel Stacy was intoxicated. He was only ticketed for imprudent speed and driving left of center, WISC-TV reported. Janesville Police Department Capt. Danny Davis said that the officer followed proper protocol during the traffic stop. "We're very comfortable with our officer's actions, Davis said. Davis said that a portable Breathalyzer test is an approximation that doesn't meet the scientific standards to be enforceable in court. Davis said that even if the officer arrested Stacy on suspicion of drunken driving, he would not have been put in jail. Davis said that Stacy would have been cited and released to a responsible adult, the same circumstances that happened during Monday morning's traffic stop, WISC-TV reported. Davis said the officer brought Stacy to a second location to meet a friend who was willing to drive him. Davis said the officer was still concerned with the Breathalyzer test and didn't want Stacy to drive. Stacy apparently got behind the wheel again sometime later. He was driving the same 1997 Pontiac Sunfire when he crashed three hours later on County Highway K at Hafeman Road in Rock County, WISC-TV reported. His car left the road, hit a tree, rolled over and Stacy was ejected from the vehicle. Stacy's body was found about 50 feet east of the crash scene in a wooded area. Police said that they don't believe Stacy was wearing a seat belt at the time of the crash. Stacy was pronounced dead at the scene, WISC-TV reported. Stacy's car was already engulfed in flames when authorities arrived. He was the only occupant of the vehicle, according to the Rock County Sheriff's Department. The Rock County coroner's report could determine Stacy's blood-alcohol level at the time of the fatal crash, but that information could take several weeks. Authorities investigating the crash are trying to find Stacy's friend who offered to drive him. They said she might be able to help piece together the events that lead up to the fatal crash. |
This is from the initial post Stacy was ticketed for imprudent speed and failing to stay in the center of his lane. The officer didn't arrest Stacy but did prevent him from driving until a friend picked him up, the television station reported. |
We have a policy on it..... Some loser(gun store owner-doper) got out early and the media got a hold of it. Now they want it a mandatory 12 hour hold on a DUI. |
Then WTF are you using a piece of equipment that is so inaccurate? Our PAS units are checked for accuracy weekly and as far as I know can be used as evidentiary tests if a few hoops are jumped thru. This statement is going to cause them all sorts of problems with other DUI cases.
Unless Stacy was a professional drunk his performance on FST's was probably not anywhere near 'passing' if the breathalyzer was even remotely accurate. Stacy should have been cited. Whether or not he would have been booked is a different story. Brian |
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Wow letting someone drive away drunk is crazy. The liability that goes along with letting someone drunk drive away and killing somebody screams lawsuit. So maybe its the end of your shift and you want to go home, call a grave Guy in and let him take the arrest, don't just let them go. |
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Remember, this is Wisconsin. The only state in the entire country where first-offense OWI is only a traffic forfeiture, not a crime. It's not a felony until 5th offense. And we lost $15 million in Federal highway funds because we waited so long to drop the PAC to .08 from .10. It's standard practice to release OWI-1 drunk drivers to a responsible, sober party, who signs an "Agree to Undertake Responsibility" form. |
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The big thing right now with some of our guys is making them pay a wrecker to take them home. Basically its wrecker or jail. I personally think its a little too close to "Offical oppression" therefore I do not take part in these activities. Usually if someone puts them on the wrecker its all good. Last week we had one guy call out on a drunk and made the guy take a wrecker home. Guy got home and told the wrecker he wasnt paying. Short fight later the wrecker takes off with guys car and takes it to the storage lot since he wouldnt pay for the service. Guy then calls us and wants to know who towed his car and wanted to complain because the officer made him pay a wrecker and he wasnt drunk. Lets just say I am glad I cleared as a back up unit before the whole scene was over. I cleared the scene early so I wont have to write a letter i hope. I personally just suck it up and do the work. Especially after being driven at...on the freeway by 3 drunks and having to work a triple fatal accident on new years eve, I have no tolorence for DWIs. Period. If i catch you and your DWI.......your going to jail. |
We've had issues with some local departments releasing 5th+ offense DUI's, felony DUI, after they are processed........ |
I don't know about where you is from, but here, a person arrested for a felony is supposed to be seen by a Judge or Court Commissioner to have bail set, before being released. |
You forgot a point: 4) Its a lot easier to bust a cop's balls when you don't have all the facts. |
I don't know where you are from but plain DUI's are not felonies in PA. Your first DUI is a misdemeanor (unclassified) Subsequent DUI's are M2's with escalating penalties based on the number of DUI's. |
In Texas 3rd DWI (aka DUI) is a Felony. |
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PA's DUI Law Act 24, which lowered Pennsylvania's legal limit of alcohol from .10 to .08, was signed into law on September 30, 2003. The new Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes many changes to the penalties, terms of suspension, fines and other requirements. The combination of an individual's Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties. The new law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension. There are now three levels of DUI: General Impairment (.08 to .099% BAC) High BAC (.10 to .159% BAC) Highest BAC (.16% and higher) Under the new DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties. The following charts show the penalties for each of the BAC categories: General Impairment penalties (Undetermined BAC, .08 to .099% BAC) No prior DUI offenses ungraded misdemeanor up to 6 months probation $300 fine alcohol highway safety school treatment when ordered 1 prior DUI offense ungraded misdemeanor 12 month license suspension 5 days to 6 months jail time $300 to $2,500 fine alcohol highway safety school treatment when ordered 1 year ignition interlock 2 or more prior DUI offenses 2nd degree misdemeanor 12 month license suspension 10 days to 2 years prison $500 to $5,000 fine treatment when ordered 1 year ignition interlock The new law creates a higher set of penalties for those having higher BAC levels. It allows for treament at all levels, and requires alcohol highway safety school for all first and second time offenders. High BAC penalties (.10 to .159% BAC) No prior DUI offenses ungraded misdemeanor 12 month license suspension 48 hours to 6 months prison $500 to $5,000 fine alcohol highway safety school treatment when ordered 1 prior DUI offense ungraded misdemeanor 12 month suspension 30 days to 6 months prison $750 to $5,000 fine alcohol highway safety school treatment when ordered 1 year ignition interlock 2 or more prior DUI offenses 1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,000 fine treatment when ordered 1 year ignition interlock 3 or more prior DUI offenses 1st degree misdemeanor 18 month license suspension 1 to 5 years prison $1,500 to $10,000 fine treatment when ordered 1 year ignition interlock For those at the highest BAC levels, the new law has strict penalties, but also allows for treatment. This even-handed approach allows for individuals to receive counseling for their alcohol problem, while still penalizing those who choose to continue the dangerous practice of drinking and driving. In addition, drivers under the influence of controlled substances and those who refuse breath or chemical testing are subject to the highest BAC category penalties. Highest BAC penalties (.16% and higher) or Controlled Substance No prior DUI offenses ungraded misdemeanor 12 month license suspension 72 hours to 6 months prison $1,000 to $5,000 fine alcohol highway safety school treatment when ordered 1 prior DUI offense 1st degree misdemeanor 18 month license suspension 90 days to 5 years prison $1,500 to $10,00 fine alcohol highway safety school treatment when ordered 1 year ignition interlock 2 or more prior DUI offenses 1st degree misdemeanor 18 month license suspension 1 to 5 years prison $2,500 to $10,000 treatment when ordered 1 year ignition interlock |
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I think if all DUI's were felonies right from the get-go, more cops would take them seriously. Instead of constantly lowering the legal limit, just make the first offense a felony. If I was outside drunk, shooting a gun in random directions, no one would have a problem with me being charged with a felony. In this case, you're drunk, operating a 2000 pound vehicle at 60 miles an hour. Certainly great potential for harm there. |
Think of all those judges who drive tipsy as well as politicians....that misd. is easier to beat or plea down. 
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Well, I would think MAD would want to go this route. They've lobbied hard enough that eventually if you even smell beer, you'll be legally drunk. If they had mandatory sentencing for even the second DUI, even that would make it worthwhile. There was an article on a guy in Ohio who has had 13 DUI's. At what point does the system just hammer the guy? |
| In Indianapolis Indiana where I work the laws are pretty strict. 1st offense is an A misd (the highest) and if they have been convicted of a DUI within 5 yrs its an automotic Felony. Also, the prosecutor CANNOT plea the DUI to a wrecless driving charge or something like that. Thankfully our paperwork is straightforward. Even a novice can make a standard DUI arrest in 3 to 4 hours at the most. I usually take 2 hrs per arrest. The Feds pay us to work overtime doing DUI patrol. I made 14,000 last year in overtime alone doing this. Lots of court time as well. I can make a DUI arrest on smell of alcohol alone. Unlikely that he/she will be convicted but the prosecutrs will take it to the mat anyway. We make so many DUI arrests in this city that we have 4 full time DUI prosecutors that handle all the cases in court. I rather enjoy doing it. Most of the people I arrst are good people but just made a bad choice. They will not likely ever be arrested again. As I stated at the beginning we have strick laws about this, however, our jails are so overcrowed that no-one ever sees any jail time unless they kill or really hurt someone, even for the repeat offenders. |