My wife was pulled over

[Falconis]

defacto arrest? seriously? you're not even a lawyer are you?

First of all, we are all arguing over an incident for which none of us were there. This is all 3rd hand information at best. If you want to go argue over every possible scenario, have at it. But I think most of the cops here that have arrested and testified to their arrest know that not every situation has a cookie cutter answer.

[mbaerg]

Perfectly normal... happened to me one time.. sometimes they do initial sobriety tests with the subject sitting in the car.

-Matt

[Tiberius]

To properly evaluate the situation, and the appropriate response, we really need a picture. Of her cleavage.

[Anchors]

Isn't it possible that continuing the stop on the side of the road could, in fact, pose a greater danger than a potential DUI suspect being followed under officer supervision to a safer spot?

Wouldn't the LEO then be using better judgement by having them move?

Like if it was a construction zone with little shoulder on the 405 and traffic had sufficiently picked up during the duration of the initial stop, wouldn't it be reasonable to move to a place safer for the officer, the suspect, the passengers, and the other motorists?

*not a LEO

[yzErnie]

Yes it would be reasonable, despite what one thinks here. Almost everything we do is based upon the 'reasonable man" theory. Even dirtbags don't want to be sitting along side of the freeway with fast moving traffic inches away from them!!

[yzErnie]

In my best slurred voice, "Jus twoo beerths, occifer".

[joefreas]

In my best slurred voice, "Jus twoo beerths, occifer".

Reminds me of this:

[IrishJoe3]

In my best slurred voice, "Jus twoo beerths, occifer".

Hence the term "deuce" is born....

[yzErnie]

The term "Duece" was born many years ago because the code for DUI used to be VC502....hence, "Duece". It took a long time to quit calling it a 502 when it was changed to VC23102 then changed again to VC23152. Man, the changes I have seen over the years!!! LOL

[IrishJoe3]

The term "Duece" was born many years ago because the code for DUI used to be VC502....hence, "Duece". It took a long time to quit calling it a 502 when it was changed to VC23102 then changed again to VC23152. Man, the changes I have seen over the years!!! LOL

Well I guess I'm a boot then!

[tyrist]

What bothers me most about the OPs story is that the CHP officer had her drive off the freeway to an alternate location.

IF she had been arrested, the case would have been tossed out. He suspected DUI, let her drive again and then did tests. If he had suspected she was too intoxated to drive, should should have been tested on the spot or detained and driven to an alternate safe location for testing.

If that is an acceptable practice for DUI investigations, it's only a matter of time before CHP gets their arse handed to them in a civil trial.

Well the other option was to call a female Officer to pat down both passengers and remove them from the vehicle; lock and secure the suspect vehicle, place them both in the back of the black and white and drive them off the freeway, conduct the SFST, then drive them both around the freeway and back to their vehicle.

I think this Officer made the quickest most expedient call and if something bad had happened he would have had to answer for it.

[eltee]

EVERYTHING a cop does and EVERY decision we make is subject to being tossed in court, creating liability, making something worse, etc. Part of the job, and veteran cops do not let it unduly impact their discretionary decision making. If I get a drunk off the road but the arrest gets tossed, I get paid either way AND I've served the public by getting a drunk off the road. Wasn't there, but the CHP may have weighed officer safety, suspect safety, passing motorists safety, lighting, ground conditions, level of reasonable suspicion that driver may be impaired, etc. and decided moving was the best option.

Or maybe the secondary location had better lights so he could get a better view of her cleavage... joking, of course. The spreading of her arms / hands out was for officer safety, not voyeurism. I'd do the same for big, ugly, hairy apes with or without cleavage on a solo stop.

California LEO's, esp. the CHP, have probably encountered and handled almost every conceivable traffic stop variable and the courts and lawyers have had their say on most of them. Every cop with more that 20 minutes on the road has had to make instantaneous and spontaneous multifaceted tactical / legal decisions while multi tasking (driving , observing, using radio / MDT, etc.) and sometimes the decisions are not perfect. Based on the OP's description of the incident, I don't think anything was done improperly or in a way that would exacerbate any liability vulnerability. Everyone went home safe.

[Notorious]

In my best slurred voice, "Jus twoo beerths, occifer".

It never makes any difference who you ask or when or where you pull them over for DUI, the universal answer I always get when I ask how many they had is "2 beers".

[Notorious]

The term "Duece" was born many years ago because the code for DUI used to be VC502....hence, "Duece". It took a long time to quit calling it a 502 when it was changed to VC23102 then changed again to VC23152. Man, the changes I have seen over the years!!! LOL

Was that when the Vehicle Code only went up to section 1000?

[34marine]

To the OP, please inform your wife that the next time any officer asks if she's had a drink the answer is NO! I don't care if the beer is in her lap, the answer is NO!

You know that only delays the inevitable...