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jusrisdiction question

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Posted by: SOT

Lets say an accident occurs in a town called ABC town, during an anual parade.

The driver in the offending car hits a car that is getting ready to be in the parade, and the driver of the offending car takes off. The driver of the car that was hit actually finds the car that hit him, with occupents inside and they are drunk/high as a kite. The police come and refuse to arrest the occupents, don't do a field sobriety test, and an officer actually drives the car away.
The actual driver of the car is drving while suspended, is so drunk he can barely stand but they are made to walk home, a couple blocks away. When the person calls the police they say they do not have an accident report but they should call the lawyer for the person in question who cause the accident, the lawyer for the person in question says that a check will be written for all the damages and the police need not be involved...doesn't that seem a little odd?

If this happened again would a person be able to call the State Police and have them take over the case at the roadside?



Posted by: Curious EMT

Re-dialing 911 and requesting a supervisor for the local dept. out there would do it. If not, *77 Im sure would, then probably prompt some sort of investigation, formal or otherwise.

When in doubt, P.S. Dispatchers are to talk to their on-duty supervisor regarding these situations. Whether it be a Communications supervisor (in large depts) , or Patrol Supervisor (in smaller ones), they will get things moving...



Posted by: SOT

In this instace the Mayor and the CLEO were there...as it was the parade.


Quote:
Originally Posted by Curious EMT";p=&quot View Post
Re-dialing 911 and requesting a supervisor for the local dept. out there would do it. If not, *77 Im sure would, then probably prompt some sort of investigation, formal or otherwise.

When in doubt, P.S. Dispatchers are to talk to their on-duty supervisor regarding these situations. Whether it be a Communications supervisor (in large depts) , or Patrol Supervisor (in smaller ones), they will get things moving...




Posted by: Curious EMT

Quote:
Originally Posted by SOT_II";p=&quot View Post
In this instace the Mayor and the CLEO were there...as it was the parade.
If I answered your 911 call, and you were requesting something like this and described that to me, I'de transfer you to the State Police.

I dont want to me named in a lawsuit becasue I refused to get you service you should have gotten and politics are in the middle... that is, absent an order. If the CLEO calls me and says "dont _____" im stuckin a hard place, for a minor MVA no PI, I cant say I'de go over his head


Also 90/26 requires the operators to file, w/in 5 days, a report to the RMV "and send a copy thereof to the police department having jurisdiction on the way where such accident occurred" Since MSP has jurisdiction on any public way as well, submitting another copy to the local baracks cant hurt. If the operator really want something done, calling MSP, AG, or RMV will make enough waves somewhere....



Posted by: chief801

SOT- As far as the arrest goes, more info is needed. How much time had passed and how far was the offender from the scene? When the cops arrived, was the vehicle being operated? If there was a time lapse, it would be damn hard to prove that the operator was impaired at the time of the accident. This may be one of those "I know he was cocked, but I can't prove it" cases. At a minimum, a criminal complaint for leaving the scene of a property damage accident should have been filed after a thorough investigation. Even then, the police would have to prove that the operator left the scene after he "knowingly" collided with the other vehicle, caused damage, and did not make himself known to the other driver.

Sometimes knowing the deal and being able to prove all of the elements of the crime are two different animals.

The other option is the responding cop or agency was tapped for resources due to the parade and broomed the incident. If that was the case, they should have called for mutual aid from another agency.



Posted by: SOT

The guy was sitting in the car, engine running, barely able to speak when the first officer got there. There were whitnesses at the scene of the accident, and where he was stopped.

He even admited to the officer that he hit the car and he was the driver. As well the guy couldn't even talk clearly and was so obviously drunk a rep from the state said it looks like that guy should be dropped off a a detox center.

It's not worth talking about anymore as I now know what the deal is and I will say this (and it actually was a friends car that this happened to) it is amazing what some towns will do to protect a "CI" when the net effect of their "war on drugs" amounts to a much larger drug problem, and a turf war with the MSP who could actually come in and do some good.

Thanks for all the help guys.

Quote:
Originally Posted by chief801";p=&quot View Post
SOT- As far as the arrest goes, more info is needed. How much time had passed and how far was the offender from the scene? When the cops arrived, was the vehicle being operated? If there was a time lapse, it would be damn hard to prove that the operator was impaired at the time of the accident. This may be one of those "I know he was cocked, but I can't prove it" cases. At a minimum, a criminal complaint for leaving the scene of a property damage accident should have been filed after a thorough investigation. Even then, the police would have to prove that the operator left the scene after he "knowingly" collided with the other vehicle, caused damage, and did not make himself known to the other driver.

Sometimes knowing the deal and being able to prove all of the elements of the crime are two different animals.

The other option is the responding cop or agency was tapped for resources due to the parade and broomed the incident. If that was the case, they should have called for mutual aid from another agency.






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