Gotta be a trooper...no way a local cop would be this mentally-challenged.
First, the standardized test are NOT impossible to do sober. They are very easy, actually. If I lock a drunk up and we go to trial, the first thing the defense attorney will make me do is perform the tests in court in front of the judge. So I'm not making the defendant do anything I can't do. The key here is standardized tests: there are specific tests that an officer is supposed to be trained to give (they are not covered in the basic police academy for local officers; unsure about NJSP). The tests are scientifically valid when the instructions are given correctly. In fact, if an officer gives the three standardized tests, and the subject objectively fails them (they are scored and are pass/fail), there is a 77% probability that the driver is over the legal limit. This is slightly simplified because being obese, having other health issues, ingesting drugs, or having a head injury could affect these results.
Listen man, cops are lazy. No cop wants to do 90 minutes of paperwork for a DWI when the driver won't be prosecuted like in your buddy's case. This trooper either wasn't trained well, your buddy was nervous as shit, only has one leg, I dunno, something. I'd love to see the car camera footage because I've never been in this situation in 19 years. I'm mean years ago, I've brought in 0.06% or something but never a 0.01%. It's not rocket science.
His car has to be towed from the roadway. State law and policy require it. From there, it gets a little fuzzy. Under state law, a driver's vehicle must be impounded for 12 hours following the issuance of a DWI summons. They didn't issue him a DWI charge, so I'm not sure why they wouldn't release his car. Some cops think you must impound a car for 12 hours after a DWI arrest. That's not how the law is written. In my opinion, your buddy was arrested for suspicion of DWI but upon further investigation (breath testing at the station), he was released from custody and not charged. So, no 12-hour impound.
If this were me (I have never arrested a 0.01% unless drugs were also involved), he's either getting charged with DWI because he's underage, under the influence of drugs, or he's going to the hospital because I think there is something else going on and he might need medical attention. Barring all that, I'm waking up the tow operator, driving the driver to the storage yard, giving him a heartfelt apology, and sending him on his way in his car.
NJSP policy may prohibit that. I have no idea. But there should have been a senior trooper or desk sergeant that was willing to actually think outside the box. But troopers are pretty rigid and just follow policy blindly.
If a trooper is given a spoon and a shovel and told by a supervisor to dig a big hole with the spoon, he'll set the shovel down and begin digging. See what I'm getting at?
I would suggest your buddy contact the station commander (should be a SFC or a Lieutenant, most likely) and see if they'll eat the storage fees in lieu of filing a formal complaint. Sounds like a young, inexperienced trooper made a mistake. It happens. But then it was compounded by the decision not to release the car.
NJSP does not have portable breath testers (PBTs). We do. The Attorney General just put out a policy this summer stating that they can no longer be used. It's somewhat complex, but they are affected by temperatures (slightly). They are also not accepted by the courts as scientifically valid. The standardized tests (walk-and-turn, one-leg stand, and horizontal gaze nystagmus) are recognized by the courts as scientifically valid. I actually agree with the policy change as the officers who have only worked with PBTs are not proficient with the standardized tests. A defense attorney would have a field day with them at trial.
First, the standardized test are NOT impossible to do sober. They are very easy, actually. If I lock a drunk up and we go to trial, the first thing the defense attorney will make me do is perform the tests in court in front of the judge. So I'm not making the defendant do anything I can't do. The key here is standardized tests: there are specific tests that an officer is supposed to be trained to give (they are not covered in the basic police academy for local officers; unsure about NJSP). The tests are scientifically valid when the instructions are given correctly. In fact, if an officer gives the three standardized tests, and the subject objectively fails them (they are scored and are pass/fail), there is a 77% probability that the driver is over the legal limit. This is slightly simplified because being obese, having other health issues, ingesting drugs, or having a head injury could affect these results.
Listen man, cops are lazy. No cop wants to do 90 minutes of paperwork for a DWI when the driver won't be prosecuted like in your buddy's case. This trooper either wasn't trained well, your buddy was nervous as shit, only has one leg, I dunno, something. I'd love to see the car camera footage because I've never been in this situation in 19 years. I'm mean years ago, I've brought in 0.06% or something but never a 0.01%. It's not rocket science.
His car has to be towed from the roadway. State law and policy require it. From there, it gets a little fuzzy. Under state law, a driver's vehicle must be impounded for 12 hours following the issuance of a DWI summons. They didn't issue him a DWI charge, so I'm not sure why they wouldn't release his car. Some cops think you must impound a car for 12 hours after a DWI arrest. That's not how the law is written. In my opinion, your buddy was arrested for suspicion of DWI but upon further investigation (breath testing at the station), he was released from custody and not charged. So, no 12-hour impound.
If this were me (I have never arrested a 0.01% unless drugs were also involved), he's either getting charged with DWI because he's underage, under the influence of drugs, or he's going to the hospital because I think there is something else going on and he might need medical attention. Barring all that, I'm waking up the tow operator, driving the driver to the storage yard, giving him a heartfelt apology, and sending him on his way in his car.
NJSP policy may prohibit that. I have no idea. But there should have been a senior trooper or desk sergeant that was willing to actually think outside the box. But troopers are pretty rigid and just follow policy blindly.
If a trooper is given a spoon and a shovel and told by a supervisor to dig a big hole with the spoon, he'll set the shovel down and begin digging. See what I'm getting at?
I would suggest your buddy contact the station commander (should be a SFC or a Lieutenant, most likely) and see if they'll eat the storage fees in lieu of filing a formal complaint. Sounds like a young, inexperienced trooper made a mistake. It happens. But then it was compounded by the decision not to release the car.
NJSP does not have portable breath testers (PBTs). We do. The Attorney General just put out a policy this summer stating that they can no longer be used. It's somewhat complex, but they are affected by temperatures (slightly). They are also not accepted by the courts as scientifically valid. The standardized tests (walk-and-turn, one-leg stand, and horizontal gaze nystagmus) are recognized by the courts as scientifically valid. I actually agree with the policy change as the officers who have only worked with PBTs are not proficient with the standardized tests. A defense attorney would have a field day with them at trial.
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