Massachusetts Cop Forum banner
1 - 11 of 11 Posts

·
Registered
Joined
·
46 Posts
Discussion Starter · #1 ·
Scenario:

Officer observes M/V operating 104 mph in a 40 mph posted construction zone on a Saturday morning. There is currently construction in the roadway approx. 1/4 mile back of the witnessed 90/18 offense. Traffic is moderate while the speeding M/V is passing another going up a hill. The roadway is a 4 lane state highway divided by a median.

Officer turns around to catch up to this M/V but is unsuccessful in locating it and puts out description and nature over the air to dispatch and other cruisers.

Moments later dispatch receives a call from a motorist reporting that he was run off the road by a speeding vehicle matching the description the officer originally observed speeding. This occurred the next intersection up from where the officer turned around to catch up to the vehicle, leading the officer to believe he was trying to elude.

The vehicle and operator were later located. Would the above scenario amount to a breach of the peace in the officer's presence where the officer could effect an arrest? Based on his extremely high rate of speed in a construction zone with moderate traffic and construction ongoing 1/4 mile back in officer's presence and then moments later a report of same vehicle running another off the road?
 

·
Needs more complaints
Joined
·
4,309 Posts
Big fat civil fine plus immediate threat, plus I think the hearing costs about $500.
 
G

·
104-40=64
64X10=640
640 X2 for construction zone = 1280
1280-50=1230 because you have to take the head surcharge out which you doubled with the original amount. The construction zone fine CAN NOT include the head injury surcharge twice. So I was wrong with my MAFF too. hahahaha

Must have been a long night at the mall.............
 

·
75th N.H.P.A.
Joined
·
353 Posts
The vehicle and operator were later located. Would the above scenario amount to a breach of the peace in the officer's presence where the officer could effect an arrest?
There seems to be plenty of sound advice on what actually to do -- issue the huge civil fine and submit an immediate threat suspension request. A criminal complaint application can easily go awry in district court and (depending on the record) really could end with a dismissal on payment of minimal court costs or a CWOF (in either case the civil infraction is typically "responsible -- filed" meaning no fine).

The question I want to get at is whether arrest is an option. I would say that the conduct would amount to at least negligent driving to endanger. The appeals courts have said the driving to endanger is a breach of the peace. But you say "the vehicle and operator were later located." How much later? The authority to make an arrest for a breach of the peace is fleeting and requires that the breach (or prospective breach) take place in the officer's presence (which this did) but also that the offense and the arrest be part of the same transaction. In Comm. v. Kiser, 48 Mass.App.Ct. 247 (2000) the authority to make an arrest for A&B on a police officer evaporated when the officers failed to make the arrest within minutes of the offense. If you were going to go with criminal charges, a crim app would probably be the way to go unless you did have a 90-25 offense. There is a statutory right of arrest for that offense that would not be subject to such a short time limit.
 

·
Registered
Joined
·
779 Posts
I would say that losing sight of him and then re-aquiring him several minutes later is shady enough that I personally would summons versus arrest...immediate threat...crim app or big money gig...
 

·
Premium Member
Joined
·
2,371 Posts
I would also talk to the operator of the vehicle who was ran off the road and if there was damage to his/her vehicle, then I would also Crim app for leaving the scene, prop damage.
How's this operators neck feeling after being run off the road. If it's sore he may need a trip to the hospital. Then go with leaving scene w/PI.
 

·
Registered
Joined
·
2,363 Posts
As stated by the many great veteran police officers that I have talked to.... "When in doubt, do nothing!..... You can always summons later....."
 

·
Premium Member
Joined
·
2,371 Posts
Big no-no here. Multiple Ch 90 charges must either one or the other. I'd stick with the big fat fine...
Yep here too...59 says both on same cite.
 
1 - 11 of 11 Posts
Top