I.O. 44 DWI Arrests (208-40)

Transcription

1 I.O. 44 DWI Arrests (208-40) Request response of P/S Patrol Supervisor Respond to scene and verify arrest. (arrest used to be verified by D.O. pct of arrest) Have A/O request Communications to dispatch Highway to testing location. o Ensure time of arrest is stated when making request. o Borough Task Force can do their own IDTU (but can t do test for any other cops, just TF) If perp caused SPI/DOA to another or SPI to self, read Chemical Testing Statement in A/O s presence o Record prisoner s response in ACTIVITY LOG o Comply with I.O. 45 s.11, Chemical Test Warrant App, if prisoner refuses to submit to test. o A/O keep DA apprised & if prisoner refuses later on in arrest process, then apply for warrant. Direct A/O to take perp to testing location in Dept veh. (assign adequate personnel depending ) o If perp hospitalized Highway Tech will respond to the hospital to conduct appropriate tests. Have prisoner s vehicle removed to precinct of arrest for safeguarding. o Comply with , if circumstances warrant seizure of vehicle. Notify D.O., pct of arrest regarding details & prisoner s response to the Chemical Testing Statement o IF prisoner caused SPI/DOA to another or SPI to self INFORM desk officer, precinct of arrest to notify Operations and request a notification be made to DA s Office Make Command Log & R/C entries with A/O s post change & RMP # used to transport If perp caused SPI/DOA to another or SPI to self request Operations notify DA s Office Provide Operations with A/O, s TR, SH, Name & Cmd, prisoner s pedigree & phone # at test location o Make Telephone Record entry regarding notification. Operations: Notify DA s office with A/O, s TR, etc Notify D.O. arrest pct of ADA s name & # Conduct a thorough field search of prisoner prior to transportation. Take to testing location, and comply with pertinent arrest procedures Invoice as evidence credit card receipts from a recent stop from restaurants, bars, sporting events, etc., and any alcohol or alcohol container found on the prisoner. Report, with prisoner, to desk officer at testing location & Where it says; DWI prisoner hospitalized more than 24 hrs, DAT okay add; provided he didn t cause SPI/DOA to ANOTHER IF SPI/DOA to another or SPI to self INFORM desk officer, testing location

2 Desk Officer Testing location Make Command Log entry w. ID of A/O, RMP # and prisoner pedigree Verify that Highway District has been notified and responding. Prepare OLBS & in narrative put; make, model, year, color, plate & state of vehicle operated o Record this veh pedigree EVEN if the car doesn t belong to the prisoner but then also record the owner s name & address (apartment number, if applicable) o DESK OFFICER review OLBS & verify this vehicle info is done. Prepare Intoxicated Driver Examination () First Sheet and Intoxicated Driver Examination () Second Sheet IDTU Technician Complete captions on Intoxicated Driver Examination Instruction Sheet &c omply with Section 1 Administer chemical test to prisoner, if prisoner consents. o Samples taken will be witnessed, sealed, and marked by Highway District personnel BUT delivered to the Police Laboratory by the A/O to ensure chain of custody. o D.O. put test reading in Narrative of OLBS with rank, name, sh of Technician & date/time conducted o D.O. also Determine charge against prisoner and enter on OLBS o If reading inconsistent with intox appearance, request perp to submit to controlled substance test If prisoner not intoxicated or impaired, be guided by , Release of Prisoners, Do coordination test in A/O a presence & complete Highway District IDTU Technician Test Report Provide arresting officer with a copy of Chemical Test Analysis Enter results of exam in appropriate captions of Highway District IDTU Technician Test Report & Sign o If exam cannot be videotaped, D.O. supervise exam AND SIGN the above form. If under 21 & test reads.02 or more but not more than.07 A/O & IDTU tech comply with Distribute Highway District IDTU Technician Test Report o WHITE to Court A/O for ADA in Complaint Room o YELLOW to A/O, BLUE to Highway District. If no metal plate, record info from temp/alternate plate. If prisoner refuses ANY PORTION of the chemical (OR DRUG) test at any time IDTU Technician Prepare, sign & have A/O sign Report of Refusal to Submit to Chemical Test then distribute. o Says to distribute as per instructions on form: A/O must bring 2 copies to ADA.

3 Maintain initial charge unless new evidence warrants a change in charge. o Must be able to articulate circumstances which led to original charge (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). o After arraignment, the court will forward to A/O a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear for a hearing, which will be within 15 days of the arraignment. Roll call will schedule the arresting officer accordingly. Notify ADA if prisoner refuses test and has caused serious physical injury or death to another. Comply with instructions from ADA and I.O. 45 s.2011 Chemical Test Warrant Application. A/O: Notify ADA of previous arrests for same crime within past ten years. D.O (testing location): Ensure prisoner is transported to borough court section facility, as appropriate. PAR: If accident involved, bring copy of PAR (Copier not working? Make additional copy of PAR) Prisoner wants his private Dr. to give him a test: ONLY AFTER NYPD test If he refuses NYPD test, we refuse his private doctor test. Desk Officer Observe private doctor s test & DIRECT entry made in narrative of OLBS and Exam report o Entries include name/address of Dr. and time/date of test. o If performed in CB, D/O thereat calls Pct. to inform A/O. The right to an attorney? There is no obligation to inform the prisoner prior to the test that he/she may consult with an attorney. If a prisoner requests to consult with an attorney prior to test, allow it if it won t delay the test unnecessarily. The obligation to allow contact with an attorney is triggered only by defendant s specific request. o Ask prisoner if he/she has the name and phone number of the attorney. o If not, give prisoner a phone book (if available) & a phone for a reasonable time (e.g., 10 to 15 mins). IDTU Tech record request and the reason, if any, for denial of said request in ACTIVITY LOG.

4 I.O. 45 Warrant Application for Chemical Test in 53 with DOA/SILD DWI suspect in an accident resulting in SILD/DOA to another individual, and has refused to submit to a chemical test, or is unconscious and has been under arrest for more than 2 hours without having been tested Patrol Supervisor Request Communications (C.U.) to dispatch Highway to designated testing location or hospital o If 97H& unconscious, A/O ask C.U. to have H way go to hospital with chemical test evidence kit Contact Operations Unit and request a notification be made to District Attorney s Office. o Give Ops A/O s name, tax, sh & cmd, Prisoner s pedigree & phone # of Desk at testing location Make Telephone Record entry regarding notification. Operations Unit Member If it s just the DWI guy, who is injured NO warrant. Notify appropriate District Attorney s Office & provide (exactly what the D.O. gave you) o A/O s name, tax, sh & cmd, Prisoner s pedigree & phone # of Desk at testing location Notify desk officer, precinct of arrest and provide ADA s name and telephone number. Notify D.O., pct of arrest, if 1 hour has passed and ADA has not contacted at designated testing location. Contact ADA supervisor & Operations if 1 hour passed & ADA has not conferred with arresting officer. o Record phone call attempt(s) in Telephone Record o Contact ADA supervisor every 30 minutes thereafter until assistant district attorney has been contacted. Inform assistant district attorney of details of arrest & comply with instructions re; arrest process. Complete Chemical Test Warrant Application (& other pertinent reports; OLBS, etc as per , etc.) To apply for chemical test warrant, MOS must articulate to ADA & JUDGE reasonable cause to believe that defendant operated a vehicle and during said operation, o Killed or caused a serious physical injury to another individual, o Was intoxicated or impaired by alcohol or drugs, o Is under arrest, and o Has refused a chemical test, or is unconscious and has been under arrest for more than 2 hours w/o a test.

5 IDTU Technician Respond to designated testing location or hospital, as appropriate. Prepare and sign Report of Refusal to Submit to Chemical Test when applicable & have A/O sign. Distribute form as indicated thereon: A/O must bring 2 copies for ADA drawing up complaint. Give A/O chemical test evidence kit. Notes If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. A/O must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). After arraignment, the court will forward to A/O a NOTICE OF SUSPENSION and/or NOTICE OF HEARING with instructions to appear for a hearing, which will be within 15 days of the arraignment. Roll call personnel will schedule the arresting officer accordingly. If denied: A/O tell D.O. & comply with ADA. Upon Approval Of Chemical Test Warrant Application D.O. make CLE & ensure perp Desk Officer Testing Location transported to BCS Provide transportation for A/O and prisoner to designated hospital for administration of chemical test. Command Log entry with A/O name & sh, prisoner pedigree, RMP # and time of transport. Upon arrival, inform & submit warrant & chemical test evidence kit to hospital personnel. Notify ADA and Operations Unit, if hospital personnel do not comply with chemical test warrant. Comply with instructions of assistant district attorney. Comply with Interim Order 60, series 2007, Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME), upon receiving chemical test evidence kit. o Chemical samples taken by hospital personnel will be witnessed, sealed, and marked by Highway and delivered to the Police Laboratory by A/O May call Legal Bureau for assistance M-F, , after hrs, call Operations for Dept Attorney Desk Officer Testing Location Ensure prisoner is transported to BCS or designated testing location to complete arrest processing.