the law enforcement perspective captain ronnie hampton oklahoma highway patrol oklahoma impaired...

Impaired Driving ArrestsThe law enforcement perspective

Captain Ronnie Hampton

Oklahoma Highway Patrol

Oklahoma Impaired Driving Prevention Summit

How do law enforcement officers contact impaired drivers?

Enforcement Stops : Vehicles in Motion

Vehicle Collisions : O.S. 22-196.A.5 Citizen Reports : 911 and *55 calls Police Roadblocks : DL/Vehicle safety

vs. DUI General Patrol & APC arrests -

Community care taking function of law enforcement.


Motor Vehicle Collisions

Title 22-196.A.5 provides the statutory authority to make an arrest not committed in LE presence.

Statements made by the driver during the initial investigative stages: Is the setting non-custodial ? Terry-type stop atmosphere

Has the driver consumed alcohol or drugs since the collision occurred?

Witnesses that observed driving should be listed for both the criminal and administrative (DL) cases.

Citizen Reports

Request dispatcher obtainname and phone number for reporting party

If possible, request witness stop at a safe location for field interview

Officers need to witness reasonable grounds and/or probable cause to make the stop, which corroborates reporting party’s observation (s)


Police Roadblocks

We use the term “checkpoints”.The SCOTUS considers checkpoints as roadblocks and un-warranted seizures, but have ruled they are constitutional seizures, IF case law is followed.

DL/Vehicle Safety checkpoints are constitutional IF the purpose is to check for unlicensed drivers and unsafe vehicles. (See Lookingbill v State)

DUI (See Michigan Department of State Police v Sitz) Oklahoma Impaired Driving Prevention

Summit

What SCOTUS Says Makes a Roadblock a Reasonable

Seizure 1. A weighing of the

gravity of the public concerns served by the seizure;

2. The degree to which the seizure advances the public interest; and

3. The severity of the interference with individual liberty.


Parameters in Oklahoma

1. The operation must be rationally related to the stated public purpose;

2. The operation must be carried out in accordance with agency guidelines limiting officer discretion and assuring all motorists are treated equally; and

3. The operation must be planned and carried out in a manner that minimizes

invasion of motorist privacy. Oklahoma Impaired Driving Prevention Summit

Specific Standards to be Considered

1. the stated purpose of the operation;

2. the approval of superior officers; 3. the degree of compliance with

the established agency standards;

4. the time, location, and duration of the checkpoint;

5. the steps taken to inform motorists of the reason for the stop; and

6. the duration of the individual stop


General Patrol

While on routine patrol, lawenforcement officers witness poor driving behavior(s) and detect violations of traffic laws.

When observed reasonable grounds and/or

probable cause exists to contact a motorist.

Upon contact with the motorist, signs and/or symptoms associated with intoxicated drivers are detected.

Asking questions that we may use against the driver later. WHY can we do this ?Oklahoma Impaired Driving Prevention

Summit

Terry-Type StopBrendlin v CaliforniaArizona v Johnson

ANSWER: A traffic stop is associated more with a

Terry-type stop detention rather than a custodial (Miranda) type setting. Therefore, we may ask questions while in the investigatory stage prior to forming the opinion to make a custodial arrest.


Using the in car videoPhysical Evidence

Observing the vehicle in motion, articulate the actions you see and what they mean to you.

Turn down police radios so the ambient radio traffic doesn’t interfere with what you’re documenting.

Have audio outside the patrol unit (using your body mic.)

Make sure police lighting doesn’t effect what the camera is seeing.

Create a stage and conduct pre-arrest screening , SFST performance, arrest and inventory.


Not So Standardized Field Sobriety Testing


Standardized Field Sobriety Testing (SFST)

Do we perform SFST? Yes or No

Do we need to perform SFST? Is the person visibly intoxicated to the

point it’s obvious to the common person?

What do SFST tell us ? That the person shows indicators of intoxication and more

than likely IS intoxicated (greater than 0.08)

More important what does the SFST tell the jury ? This depends on how well you articulate what the jurors see in

the video and how you explain the contents of the video.Oklahoma Impaired Driving Prevention Summit

SFSTDocumentation

Make notes! Document what you observed.

Articulate! Understand clues may be very obvious to you,

however, they may not mean a lot to a juror

Practice! Explain what clues mean;

try explaining it to your non-police friends


Title 4711-902.n

If qualified by knowledge, skill, experience, training or education, a witness shall be allowed to testify in the form of an opinion or otherwise solely on the issue of impairment, but not on the issue of specific alcohol concentration level, relating to the following:

1. The results of any standardized field sobriety test including, but not limited to, the Horizontal Gaze Nystagmus (HGN) test administered by a person who has completed training in standardized field sobriety testing; or

2. Whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances. A witness who has received training and holds a current certification as a drug recognition expert (DRE) shall be qualified to give the testimony in any case in which such testimony may be relevant.


Non-SFST

Police have, for many years,used a variety of non-standardized field sobriety tests.

May be used when a person cannot

perform SFST or in addition to SFST.

Shows the inability to perform divided attention tasks.

Used by DRE’s during their evaluation.Oklahoma Impaired Driving Prevention Summit

Statutory Law

It is unlawful and punishable as provided in this section for any person to drive, operate, or be in actual physical control of a motor vehicle within this state, whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in Section 756 of this title, of eight-hundredths (0.08) or more at the time of a test of such person’s blood or breath administered within two (2) hours after the arrest of such person;

2. Is under the influence of alcohol;

3. Is under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle; or

4. Is under the combined influence of alcohol and any other intoxicating substance which may render such person incapable of safely driving or operating a motor vehicle.


OUJI

What is OUJI? Oklahoma Uniform Jury Instructions Outlines the elements of a crime Can be found online:▪ http://

www.oscn.net/applications/oscn/index.asp?ftdb=STOKJU&level=1 -or-▪ Google “Oklahoma Uniform Jury Instructions”


http://www.oscn.net/applications/oscn/index.asp?ftdb=STOKJU&level=1




OUJI CR 6-18Elements of the crime

No person may be convicted of driving a motor vehicle (while under the influence of alcohol)/(with a blood/breath alcohol concentration of .08 or more) unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, driving; Second, (with a blood/breath alcohol concentration of 0.08

or more)/(while under the influence of alcohol); Third, a motor vehicle; Fourth, on a highway/turnpike/(public parking lot); [Fifth, the blood/breath alcohol test was administered on a

sample taken from the defendant (within 2 hours after arrest)/(as soon as practical after the fatality/injury accident).]


OUJI CR 6Drugs

No person may be convicted of driving a motor vehicle while under the influence of an intoxicating substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are: First, driving; Second, a motor vehicle; Third, on a highway/turnpike/(public parking lot); Fourth, while under the (influence of any intoxicating

substance other than alcohol)/(combined influence of alcohol and any other intoxicating substance) which may render a person incapable of safely driving a motor vehicle.


Preparing the Case for Criminal Prosecution

Think in terms of evidence:

Testimonial ▪ Witness testifying from the witness stand

Physical▪ In-Car Video and Jail videos of booking

Documentary▪ Officers Affidavit and Notice of Revocation▪ OSBI Blood Test Results

Demonstrative▪ Any charts or diagrams that assist the jurors in

understanding testimonial evidence.Oklahoma Impaired Driving Prevention Summit

Preparing the Case for the Prosecutor

List all witnesses The more testimonial evidence, the stronger the case

is.

List the physical evidence If you have In-Car Video, make sure its listed as an

evidentiary item

List your documentary evidence Show the breath test results (Officers Affidavit) Remember the Triple III return is only a starting point.

A judgment and sentence report is required to show a previous DUI within 10 years.Oklahoma Impaired Driving Prevention

Summit

Preparing for the Implied Consent Action

DPS Hearing Officer needs: Same evidence, although the burden of

proof isn’t the same Hearing Officers may allow attorneys to

travel outside the scope - Why would they do this ?

Many times the Hearing Officer may be the person representing DPS at a District Court appeal.


Law Enforcement Partnerships

Joint Checkpoints and Saturation Patrols

OHSO Safe Communities Group Joint Press Conferences Coordinated/ Unified Media Releases

regarding DUI enforcement Creating and Participating

in Traffic Safety Coalitions


Conducting a DUI Emphasis

Partnership with other Law Enforcement Agencies

Contact the jail to establish a procedure for high number of arrests and pre-booking forms

Communicate with the prosecutor so they can expect high volumes of arrests and prepare their staff.

Assign an officer to liaison during the event and the next business day to assist prosecutors in preparing charges.Oklahoma Impaired Driving Prevention

Summit

Creating a partnership with other law enforcement agencies

Make contact with city, county, tribal and state agencies. They may assign officers to participate in your operation or simply provide levels of support for the operation.

The combined work during a

saturation from a variety of law enforcement agencies can be very demonstrative for post event press releases.


Jail Facility

Contact the jail administrator and/or Sheriff to learn the documentation they will need to expedite large volumes of arrests.

Create drop locations for officers to ensure the jail staff have the necessary charges and officer paperwork to complete the intake process.

Agree upon the manner and time that an officer stays present inside the confinement facility before being released to resume patrol.Oklahoma Impaired Driving Prevention

Summit

Prosecutor

Notify your prosecutor of upcoming DUI emphasis operations.

Determine what the prosecutor’s office may need to handle large amounts of arrest paperwork the next business day.

Brief the officers participating on the prosecutor’s needs.

Have an officer assigned the next business day to liaison with the prosecutor’s staff to assist with preparing the criminal information.


Press Notification Before and After

One strategy of DUI Emphasis Operations is to disseminate a press release stating that, sometime in the month of July, local law enforcement will conduct a DUI saturation.

Once the saturation is conducted, release the results of the emphasis.

This can be very effective on subsequent operations with the goal of getting compliance rather than making arrests.


Questions???


the law enforcement perspective captain ronnie hampton oklahoma highway patrol oklahoma impaired...

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