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OUI Scenario

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Posted by: OutOfManyOne

The other night this almost happened to one of my buddies(My buddy is the COP )and was wondering what you would do. Let's say you pull a guy over, smell booze, take him outside, give him SFSTs and he fails. You advise him that he is under arrest for OUI and he bolts. You have positive ID on him but you can't find him. How many officers here would still go forward with an OUI charge? Would you consider it a refusal, you got his license in your front pocket, chop it up and do a form-d as a refusal for BT? Other charges would be Resisting arrest, would you also charge him with fail to stop for PO at that point.

Remember PC exists for an OUI arrest prior to him running.



Posted by: Wolfman

First off I hope someone dropped a dog turd in his car ventilation system before it got towed.

The refusal probably wouldn't fly since he was never formally advised of his rights per Form A nor offered the opportunity to submit. Submit a refusal anyhow. File an immediate threat revocation as well - you can add another layer of misery for the offender.

Write up a complaint app for everything you can think of, request a nonbailable arrest warrant due to the flight risk, find where the guy lives and grab him right after court closes on the Friday of a holiday weekend. 10 extra points if you can get him arrrested on the other side of the state at the beginning of a long weekend.


Jury will probably let him go but nothing wrong with a little preemptive satisfaction.



Posted by: OutOfManyOne

Wolfman, I like your thinking.



Posted by: BUBBA87

Yea wolfman pretty much nailed this one. Love the holiday/weekend scenario. Shit in the vent aint bad either.



Posted by: phuzz01

Thankfully, up here you do not need a chemical test or a refusal to get a conviction. You only need evidence of impairment, which some combination of erratic operation, physical symptoms (odor of ETOH, slurred speech, etc.), and failed SFSTs would be sufficient for.

However, an administrative suspension for implied consent would not fly, due to the fact that the person was not advised of ALS rights and did not have an opportunity to submit to testing.



Posted by: Sniper

"On this day and time, I, PO Jones....... an IMPAIRED operator ran from me and I could not catch him........" OUCH.



Posted by: 94c

find some of the smelliest cheese you can get and pack it above the muffler underneath the car. He'll never find the cause of the smell.



Posted by: Sniper

Quote:
Originally Posted by 94c
find some of the smelliest cheese you can get and pack it above the muffler underneath the car. He'll never find the cause of the smell.
No way.......... Fox or deer urine down the airducts is the ONLY way to fly.........



Posted by: screamineagle

Quote:
Originally Posted by Sniper
No way.......... Fox or deer urine down the airducts is the ONLY way to fly.........
Why doesn't it suprise me that you have this available? lmao



Posted by: 94c

Quote:
Originally Posted by Sniper
No way.......... Fox or deer urine down the airducts is the ONLY way to fly.........
I once saw Fox urine clear out an entire tenement. I think it's too strong for a car. I would prefer to slowly let the smell build up over time than to destroy the car immediately.

Just something I heard. Of course.



Posted by: Banshees'Will

Place the T-shirt, that you had worn the day you worked an 8 hour road detail (under the vest, in the summer heat), then worked your shift, and then night of hard drinking and sloppering down greasy food, that ended up in you locker for the past 6 months...place it up under the dash near the heater...
ps..this could also be why the drunk got away?





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