Ok, suppose you are out on patrol.  It is 2:00am (around the time the bars close) on a Friday.  You see a car clipping along about 7mph over the speed limit.  You decide to pull them over, not intending to give a ticket but a warning.  Upon appoaching the vehicle, you smell alcohol. YOu give a breathalyzer and the driver is borderline DUI but not driving badly.  Upon checking him out you discover that he is the sheriffs 21 yearold son.  You are a deputy in that department.  What do you do?

You cuff him and stuff him, Roscoe!

I had a buddy who's father was the county sheriff's right hand man, and my buddy used to get out of EVERYTHING! just because his dad was a LEO.

Inocence by association??

No thanks, I woulda busted the kid.

Edited to add:
I'm obviously NOT a LEO, and don't mean to step on anyone's toes here.

A real life version of this that occurred in another agency was used as an example in our Department of what not to do. The word, from the top down, is that if you have an arrestable offense, like a DWI, no matter who the suspect is, you investigate it and handle the same way. There is no special "entitlement" becuase of someones political connections or status. Which is exactly how it should be.

you key phrase is "borderline DUI"

did he fail a FST? If so in he goes.
does he pass a FST? Can always call towtruck and make him call a ride. Better safe then sorry

A couple of months ago in NJ, a state trooper pulled over a minivan doing 15 over on I95.  Guess who was driving?  The top dog trooper himself.  The trooper walked away without a word.

When it leaked to the press, top dog gave all the usual excuses that anoyone else has given.  "I wasn't watching my speed"  "I was keeping up with traffic"  I was thinking about work"  Then, the best one, "No trooper will be giving another trooper a ticket while I'm in charge.  We'll take care of ourselves."  I.e., we're above it all.

[rolleyes]

I work for the Sheriff? The Sheriff gets a call. The Kid gets a walk or a ride but he's not driving away. They both owe me big time. We live in the real world.

1) stopping a car for a measly 7 over would be a violation of policy

2) I would do what I usually do with borderline intoxicated drivers, tell him his is borderline, and let him have the choice of being arrested or cooperating fully with the officer. If he says I don'y wanna cooperate......... well then it is arrest time. If he says anything other than cooperate he goes. If he cooperates we make sure he and any passengers are safe and the car is taken care of.

I give lots of rides home. I also give lots of rides other places.

I hope I never work in an area so boring that I would even consider pulling over someone for 7mph over at 0200.  



I give a breathalizer when my only objective symtoms are speeding and an odor of an alcoholic beverage???



The fact that he is the sheriff's son doesnt matter. You stopped him over as petty traffic violation with the intent to warn him. He has had a few beers but he is not impaired.

If you think he can drive safely you let him go. If he cant drive safely you have him leave his car there and take a cab home.


PS..
If he is blind drunk you call your supervisor and let him make the call, bigger fish to fry principle.

Call another agency to take the investigation and determine the outcome.  Any choice to handle it "in house" would lead to problems, whatever the decision.  

Working for a city agency, I have the ability to call county, or state patrol if there is some type of conflict with the investigation.

We actually had an officer end up stopping another officer who was DUI.  Since I'm in a smaller agency, these guys knew each other pretty well.  Since everyone had been hearing this guy was having some decision making problems, and he had been socially councilled by a couple of fellow officers... we turned it over to county and he was processed for DUI... lost his job, the whole bit.  It was ugly and we had a black eye as a department that lasted a long time.  It was a tough time.

MSH441

Well, I'll chime in.

I don't stop for anything less than 10 mph over. If I feel a drive is possible DUI, I'll lower my standards of course, but then I look for equipment problems, driving style, etc.

I would do the SFST's to see if they can pass those. If they are borderline, then they are borderline. I can have them do the PBT, then go from there. I've got just enough experience, I can usually tell the approximate BAC before doing the PBT.

If it's the Sheriff's kid, sorry, you should know better and set an example. I would call a supervisor (per policy) for a CYA.

First of all I wont stop vehicles unless they are 15mph and over EXCEPT when I am working the school zone.  15 and over makes for good jury trial ammo.  You got to consider if and when a jury trial comes up, and they do, who on the jury has never gone 1-9 over?

Second, unless I get the "warm and fuzzy" about the person actually being impared I wont arrest.  I will not screw around with a borderline case.

Third, I could tell you right now what I would do sitting here at my computer.  But when we are all out there on the street, it gets different.  I am inclined to say I would find him a way home ONLY because he is "borderline".  NOT BECAUSE WHO HE IS OR WHO HE KNOWS.

What were you gonna do before you found out he was the Sheriff's son?  Do THAT.