Let’s talk about something that I deal with on a nightly basis – Drunk Driving. Does drunk driving make you a criminal? Not on the same level as someone who robs a bank, shoots someone, steals a car, vandalizes property and so on. In fact, that’s something I hear frequently from the drunk driver after I arrest them. “Why don’t you go out and arrest a REAL Criminal”.

My exposure to drunk drivers started when I was driving an ambulance. The death and destruction that I saw was over whelming. Aside from the mess on the roadway, I had and still have the misfortune to see what the aftermath does to a family. In a split second your life can change dramatically. Either by being a victim yourself or by becoming a victim when we knock on your door and deliver the news to you that your loved one is either dead, or critically injured at the hospital.

There are 2 perspectives to cover here. One is towards the drunk driver. The other is towards the victims of drunk drivers. We’ll start with the drunk driver.

Who is the drunk driver? I’m not going to categorize in general who the drunk driver is. I’m not going to tell you it’s a car salesman, an insurance broker, the banker, a cop, a fireman, a doctor, the 17-year-old kid down the street, a housewife, or a school teacher. It’s broad, but it’s simple. The drunk driver is ANYONE who is legally intoxicated by the effects of alcohol, who is operating a motor vehicle upon a highway. (Yes, that includes roadways and in most cases parking lots.) In California you are considered legally intoxicated with a B.A.C. of .08%. In some states the level is .10%. In other states it may be less.

What’s this “point oh-eight” stuff. Look at it this way. On a scale from 1 to 25, you are considered legally intoxicated at 8. In other states 10 is the number where you get popped. In California if you are under 21 years of age and you are at a “1”, you AUTOMATICALLY lose your drivers license for 1 YEAR!
(Some teens think whoopee dooh, no license for a year. It gets worse, because you have to pay a hefty reissue fee to get your license back. Worse yet, your insurance rates WILL triple.

Do you need to know the technical aspects of Blood Alcohol Content? Do you need to know the formula of how many drinks you can safely drink per hour to be able to drive? Do you need to know how fast alcohol burns off in your body? No, No, and No!

I have to laugh at some of those charts that came out a few years ago. If your body weight is so and so, and you consume a) 2-12 ounce beers, or b) 3 ounces of 80 proof liquor, or c) 8 ounces of wine, in a 2-hour period, you may be D.U.I. Of course that’s if you weigh 90 to 110 pounds. If you weigh 200 or more pounds, you’re probably safe for a few more. You don’t need a chart. Everybody’s metabolism is different. Alcohol effects everybody differently! I’ve had disgruntled drunk drivers in custody tell me that “drunk driving laws are a joke, because it doesn’t take hardly anything at all to get up to a .08 level.” And you know what? They’re right!

I’ve “heard it all” over the years. “Officer I only had one drink”. “I haven’t had a drink in hours.” “It’s not me, you don’t smell alcohol on me, my friend spilled a beer on me”, “I’m on pain medication”, “I’m not drunk I’m just tired.” When Cops go to calls, they like 2 and 2 to add up to 4. On a car stop it’s the same thing. 2 and 2 should add up to 4. As soon as you start lying to the Cop the warning signals go off because 2 plus 2 is coming up 8. (As in point-oh-eight!)

Let me tell you what we look for:

Weaving! This is the big one because it’s so obvious to us. Whether it’s gradual weaving within the lane with a gradual drift onto or over the painted lines, or jerky erratic swerving. Weaving is weaving. I usually give a person 3 attempts to straighten out. The 3rd time on or over the line is when my red and blue lights come on. You may have a mechanical problem with your car like play in the steering wheel. You may have been changing a tape or CD, lighting a cigarette, dialing a cell phone, whatever the reason - YOU GIVE US PROBABLE CAUSE TO STOP YOU. And may god help you if you’ve been drinking.

Moving Violations we look for:
Running a stop sign or red signal light.
Stopping on or over the limit line or crosswalk at a stop sign or signal light.
Stopping before you get to the limit line.
Abrupt braking for no reason.
Abrupt acceleration or skidding your tires from loss of traction. (Exhibition of speed)
Wide turns.
Striking a curb.
Speeding. Excessive or minimum speeding, either one can get you stopped.
(Doing 25mph in a posted 45 will get you stopped just as if you were going 65!)
Unsafe passing.
Unsafe turns.
Turning without signaling.
Unsafe lane changes.
NOT WEARING YOUR SEATBELT.
Throwing litter or cigarettes out your window.

Alot more info follows - Plus this is a two part post this week - So look for part two next month:
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ATM - Robberies:

We all do it. Several times a week. Some do it once or more a day. We all make that convenient trip to the ATM machine to withdraw our hard-earned money. We transfer funds from checking accounts to savings accounts, we make deposits, we check balances, and we even make credit card and loan payments by way of the mechanical teller.

We get out of our car and walk up to our mechanical friend. Or we don’t even bother to benefit from the exercise of getting out of your car to walk. We drive right up to the window and lean out that window to take care of business, right from the comfort of our car.

What thousands of ATM users have discovered, is that when you walk up that path or drive into that ATM lane, you are entering a danger zone that can change your life. For many it’s a danger zone that has taken a life.

The problem presented to you is that while you are going to take care of financial business belonging to you, a strong possibility exists that someone else wants to make your finances, their financial business.
It’s called the ATM Robbery.

An ATM Robbery is a crime of opportunity. IT IS RARE that a suspect will come up behind you and stick a gun in your back while other people are around. Although they can and do occur during hours of daylight, the most common ATM robberies take place at night. They most ALWAYS take place when you’re alone.

For many Gang-Bangers this crime is nothing more than a sport. It’s so easy, not only to terrorize innocent people, but to also have a chance at a quick $300.00 bucks, a wallet or purse, jewelry, and even a car at the same time! Yes in a matter of 30 seconds you could be standing in front of your mechanical friend with NOTHING! If you resist, you could be laying there beaten, stabbed, shot, or dead.

It can happen at a little country ATM outlet in a rural area, or at a mainstream bank in a spotlight city like Beverly Hills or Hollywood. You can be a victim ANYWHERE!

What is a Crook thinking when they come up behind you? He or she thinks you’re a fool. Male or female, it doesn’t matter who the victim is. You walked up to this ATM all alone at night, plus you left your car running. There’s no one around including the cops and this will be an easy score. $300.00 bucks, maybe a couple credit cards, and this new Ford Explorer with the dynamite sound system. The Crooks is thinking that now, is as good a time as any to head out of town. After all, the Crook has a warrant for his arrest from a robbery last month, and it would be good to blow out of town for awhile until the heat is off. And here it is all in one package, the vehicle and the travel money! Who are you to the Crook?

Nothing more than an Opportunity

Or the Crook is high on crank and only wants more money for more dope. Trouble is this person is extremely dangerous and unpredictable because of the drug inducement. I’d say that brains on crank are dangerous but there’s no brains involved. Only DANGER. Who are you to the Crook?

Nothing more than an Opportunity

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Assault and Battery:

I can not work one full shift without being dispatched to a PC242. Often I get dispatched to several. That’s the Penal Code for Assault. In legal terms, it is the unlawful touching of another person. In police terms, a majority of these calls are wasted time. An incident that could have easily been avoided.

Battery can be anything from shoving, hitting, touching, or even spitting on someone. The most common type I respond to is when several teens or kids confront each other, and a shoving match or fight breaks out. Suddenly, everyone wants everyone else arrested. It takes a lot of time to sort out what happened, who the aggressor is, and who if anybody goes to jail.

Battery is a misdemeanor offense, which means that unless I viewed the incident personally, the suspect has to be placed under citizen’s arrest by you. (We make the actual physical arrest, but you sign a form stating that you requested the arrest be made, and that you’ll go to court to testify against the suspect).

I stated that a lot of battery calls are a waste of time. Why? Because most always when we arrive, tempers are hot, and people are demanding that someone be arrested. After obtaining the facts, we place the alleged responsible party under a citizen arrest. Sometimes the person arrested wants the other person arrested as well. (It takes two to fight, and sometimes we have to take both parties to jail if we can’t figure out who did what!). Usually when both parties realize that they each could go to jail, they change their minds and state they want to forget the whole thing.

Or after we make an arrest, get all the information, and the victim cools down a bit, the victim states that they do not want to go to court to testify, and that it wasn’t so bad after all. They just want to forget it now. That’s a waste of my time.

On the other hand, some battery calls are legitimate. A lot of arrests are Valid.

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You come to a stoplight and stop. Suddenly you hear tires screeching and WHAM, you are struck from behind.

Or,

You are trying to parallel park in a parking lot and OOOOOPS, you bump the car in front of you.

Or,

A minor collision where both parties agree what has happened.

Any minor traffic accident can be handled without a police officer. Most police departments handle accidents basically the same way but check with the local police department where the accident occurred for detailed information.

Where I work, the accidents that occur in a incorporated city are handled by that cities police department. Unincorporated areas are usually handled by the CHP. (California Highway Patrol).

A minor traffic accident with no injuries can usually be handled just by exchanging driver and vehicle information. You call your insurance carrier with the information and no police are usually needed. If police are called, a PDO (property damage only) report is the only documentation taken of the incident.

A traffic accident with injuries should be reported to a law enforcement agency. Usually there are insurance claims, lawsuits, etc. so documentation by a law enforcement agency is recommended.

A traffic accident with serious injuries or death should always be a full investigative report by a law enforcement agency. Every detail needs to be fully documented and investigated in a serious injury or fatal accident.

Like I said, every jurisdiction has different reporting requirements for accident reporting, so be aware of your states or local law enforcement’s policies for accident investigation.

Be aware that there are factors that change reporting requirements though.
Drivers with no drivers license, no insurance, alcohol related accidents, drug related accidents, no proof of identification, violent parties involved in accidents, all should require a police response.

A normal non-injury collision where both parties have proper identification, proof of insurance, and somewhat agree on what happened, usually don’t need police assistance. In fact, a lot of people work it out themselves without police or insurance needing to be notified.

A hit and run accident needs to be investigated. In California, drivers involved in an accident must stop and exchange information. If a driver flees the scene of an accident, it becomes a crime. With injury, it can become a FELONY!

Some NetCops accidents tips:

• Keep current vehicle registration and insurance information in your car at all times. At an accident scene, I often get handed registration or insurance cards 3-4 years old. Take out the old and put in the new every year. It makes my job easier and less stress on you finding the necessary information
• Accidents are just that. ACCIDENTS. Don’t get hostile, belligerent, or violent over an accident. If you become violent because your car is damaged in an accident, you can be arrested for battery, assault, or worse. Insurance companies will usually fix your car, don’t do something out of anger that you will regret later.
• Notify your insurance company of the incident. There is no need to contact the other party. That’s why we pay such big bucks for insurance. Let the insurance companies handle it.
• If you are in an accident, some insurance companies recommend carrying a inexpensive camera in your car for photos. A slightly dented bumper on the other car may turn into a totaled out car by the time the insurance company is notified. If a camera is not available, take notes.
• If there is injury or death, call 911 and report it immediately. These accidents CAN NOT be handled without a full and proper investigation.
• If alcohol or drugs are suspected, request police assistance.
• If you are the victim of a hit and run, report the accident to police.

Some people don’t want higher insurance rates and would rather handle accidents themselves. That’s fine. But there’s usually a dispute over fault so police assistance is usually needed. Remember to check with your local law enforcement agency or state laws for reporting requirements in your area.

In regards to hit and run accidents, you can help us identify a responsible vehicle by giving us an accurate
Color,
Description,
Number of occupants,
Last seen direction of travel,
and if possible, THE LICENSE PLATE NUMBER!

Most people flee because

They have been drinking alcohol
They are on probation
They have a previous DUI
They have a suspended license
They are wanted for another crime and have warrants out for their arrest
Or they simply panic and exercise terrible judgement.

Do not get into a confrontation, but DO notify us immediately with as much factual information you can give us. IT makes all the difference in the world whether or not the driver ever gets identified and held accountable.

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