delete

[davegonewild]

delete

[Samuelx]

Best to ask CHP/the officer(s) involved.

[davegonewild]

Best to ask CHP/the officer(s) involved.

Unfortunately I am not able to do that at this time. That is why I am asking here.

[davegonewild]

delete

[drifter001]

Hot and run is considered a felony I believe so suspect should be in custody

[drifter001]

*hit

[74c5]

No real need to arrest. He's in the hospital and, if not ambulatory, why arrest and put the hospital bill onto the system? He has to pay his own medical this way. If they got blood, then they'll run it and file later if they wish.
How do you know he's a .05?

[RickD427]

Are there any scenarios where a driver with a .05 blood alcohol level that hit another car and ran would not be arrested? A chp officer caught up to him 10 miles down the road because he pulled over because his car was overheating as a result of the incident. He was taken to the hospital, but not arrested.

I respect and would appreciate your feedback.

Sir,

There are actually quite a few instances where it would be proper to not arrest a criminal suspect. Please consider the following points:

1) An arrest is not a sanction, or a punishment. Therefore, the severity of the crime alone does not dictate whether an arrest is made.

2) The purposes of an arrest are to identify the suspect, prevent their flight from prosecution, and to prevent further criminal conduct during the pendency of their case. When the ID of the suspect is known, the flight risk is small, and there's not a risk of re-occurence, we don't have to move fast.

3) Once an arrest is made, the prosecution incurs very strict timelines for bringing the case to trial. In a world where things can be done "fast" or be done "right", the premature making of an arrest can require prosecutors to take the "fast" path.

4) The prosecution bears the burden of proof. We want as much evidence as possible. Often, it is much easier to collect additional evidence while the suspect remains free.

5) When an arrest is made, prior to all of the evidence being collected, the prosecution often has to face the inevitable defense claim "they were biased against my client all along, they never bothered to look for the real suspect."

6) In cases where the suspect is injured and requires medical treatment, having the suspect in custody will require that officers be taken out of service to guard them at the hospital. Until just a few years ago, L.E. agencies had to pay for medical treatment provided to persons in custody. Some agencies still pay.

There's a bunch of "pros" and "cons" to the making of an arrest decision, but there are good reasons to delay an arrest when the conditions make it advantageous.

[davegonewild]

Sir,

There are actually quite a few instances where it would be proper to not arrest a criminal suspect. Please consider the following points:

1) An arrest is not a sanction, or a punishment. Therefore, the severity of the crime alone does not dictate whether an arrest is made.

2) The purposes of an arrest are to identify the suspect, prevent their flight from prosecution, and to prevent further criminal conduct during the pendency of their case. When the ID of the suspect is known, the flight risk is small, and there's not a risk of re-occurence, we don't have to move fast.

3) Once an arrest is made, the prosecution incurs very strict timelines for bringing the case to trial. In a world where things can be done "fast" or be done "right", the premature making of an arrest can require prosecutors to take the "fast" path.

4) The prosecution bears the burden of proof. We want as much evidence as possible. Often, it is much easier to collect additional evidence while the suspect remains free.

5) When an arrest is made, prior to all of the evidence being collect, the prosecution often has to face the inevitable defense claim "they were biased against my client all along, they never bothered to look for the real suspect."

6) In cases where the suspect is injured and requires medical treatment, having the suspect in custody will require that officers be taken out of service to guard them at the hospital. Until just a few years ago, L.E. agencies had to pay for medical treatment provided to persons in custody. Some agencies still pay.

There's a bunch of "pros" and "cons" to the making of an arrest decision, but there are good reasons to delay an arrest when the conditions make it advantageous.

That makes sense. Thank you very much for your response.

[davegonewild]

No real need to arrest. He's in the hospital and, if not ambulatory, why arrest and put the hospital bill onto the system? He has to pay his own medical this way. If they got blood, then they'll run it and file later if they wish.
How do you know he's a .05?

I know the paramedic that was on scene.

[Ron-Solo]

I know the paramedic that was on scene.

Then your paramedic friend just violated a bunch of federal privacy laws regarding patient confidentialitiy. He could easily get fired for it.


If he is your friend, you will forget he ever said anything and NEVER repeat it again.

RickD summed it up pretty nicely.

[CBR_rider]

Did the suspect have serious injuries? If so, he will likely be arrested once his condition improves. Additionally, do you know he wasn't arrested? I've babysat far too many crooks at the hospital and then booked them when their condition improved

[Heiko]

Like others have posted, there is no rush if dude is in the hospital. They'll file out of custody when they've completed their accident investigation, including obtaining medical records from anyone other than the suspect who was injured to support a 23513(a) or if things go fatal, a 191.5.

OP: If your concern is that the driver will escape charges, that seems highly unlikely.

[tyrist]

Nobody wants to sit on a DUI for multiple days in the ICU so unless he killed somebody it's going to be filed later.

[shojivic]

It's a misd crime; only hit a parked vehicle. Property damage only. It'll get filed and there's little likelihood he'll get out of it. At .05 BAC, he's HBD only, so that's pretty much a moot point. What will be most frustrating is when he pleads out and they go easy on him (despite whatever priors he has).