assignment 785

Part 1

QUESTION 1

Apply the statutory language to the following scenario:
You are dispatched to an incident that involves a big white cargo van with a logo on the side saying “Squeeky Clean Painter” in big bright red lettering and a local phone number underneath. It appears that this van went through a controlled intersection, veering right and struck the traffic signal on the other side of the interstection. Thankfully, no one was injured as you learn from witnesses that the van had come to a stop at a red light, and then as cross traffic started to go the van slowly rolled and picking up speed eventually hit the traffic signal. No other vehicles were struck and no other crashes occurred from it, it really could have been much worse. In the van was a young male who said he was 15 and that he was alright. The driver was just being cleared by the medics as you get his attention. He is dressed in all white, with paint spatters all over his clothes and he has paint droplets all over his face and in his hair. The male driver, 45 years old, stated that he was at the red light when he just kind of lost control, he had been drowsy as he had worked all day and he had this incredible lingering headache. He stated he was just very confused about the whole situation, and just lost control. He thinks he might be sick since he got sick just as he was leaving his work site. Through this he has a consistent slur and his eyes are extremely bloodshot. When you ask about his work site and his day he states that he worked a full 10 hour day today and is just on his way home. This job is kicking his behind since it is this new paint that was a special request from the customer. He is learning how to apply it correctly and above all of this his headgear on his personal mask broke so he hasn’t been able to use it all day. You suspect he is impaired by a hazardous material in the paint, you check the label on the can in the back of the work truck and sure enough, there is plenty in there that is considered “Hazardous.”

You run him through some SFST’s which he fails, and the PBT result is .000. You place the subject under arrest and bring him back to the station for a blood test. The blood results come back two weeks later indicating an extremely high level of Xylene and Naphtha.

Your written answer should:
- state whether the incident should be charged a violation.
- provide a brief explanation/rationale for your choice.
- include the full statute code including subdivision and list aggravating factors.

QUESTION 2

Apply the statutory language to the following scenario:
It is 2200 hours on a Friday and you pull in behind a vehicle that is on the right side of the highway with its flashers on. As you approach on the passenger side, you notice the adult passenger doubled over leaning out the open car door, vomiting. Keeping your distance you continue forward sweeping wide to avoid the mess. The passenger is obviously intoxicated and has now shut their door leaning into the B-pillar for head support. The driver sees you and appears nervous, however answers your questions clearly and concisely. You ask the driver, a 32 year old female to step out and come to the back of her vehicle. As you meet her at the back of the vehicle you find that she appears to walk just fine and has no issues with balance. She states that she was the sober driver for the passenger and has spent the last 3 hours at the sports bar. On the way home the passenger got sick so she pulled over. You run her through the SFST’s which she passes with minimal indicators, unfortunately you just lost your PBT when you accidently ran over it on your last impaired driving arrest.

Your written answer should:
· state whether the incident should be charged a violation.
· provide a brief explanation/rationale for your choice.
· include the full statute code including subdivision and list aggravating factors.

QUESTION 3

Apply the statutory language to the following scenario:
You make a traffic stop on a vehicle that is swerving over two lane lines and is variying its speed. Upon contacting the driver you find a 20 year old female who is slurring and has blood shot and watery eyes. She is having a hard time dividing her attention as you ask for her drivers license and proof of insurance, she eventually provides both. You ask her to step out and come to the rear of the vehicle, as she does she uses the left rear quarter panel to help her from falling as she walks. You run her through SFST’s, which she fails miserably. The result of the roadside PBT is a fault, the darn thing still isn’t working since you ran over it. The driver has nothing on her driving record and no one else is in the vehicle. You decide to continue your investigation and have reasonable cause to request a breath test, which comes back .000. After following procedures you request a blood test which she agrees to.
The results of the test come back two weeks later regarding the above event. It appears that among other items in her blood she has cocaine in her blood results.

Your written answer should:
· state whether the incident should be charged a violation.
· provide a brief explanation/rationale for your choice.
· include the full statute code including subdivision and list aggravating factors.

QUESTION 4

Apply the statutory language to the following scenario:
It is late morning on Wedneday, it is a blue sky day without a cloud in sight on this beautiful summer morning. You are called to investigate a vehicle that traveled off an exit ramp, down a small hill and into the weeds of a storm water collection pond. When you get on scene, a tow truck is already starting to hook up the cable to winch the vehicle out. The driver is in the cab of the tow truck so you ask him to get out. Your subject is a man about the age of 40, in a light sweatshirt, appears to have not shaven in the last 48 hours but otherwise appears put together. As you are talking with him you notice just a slight slurring of the speech and his eyes are slightly watery, there is no odor of alchohol. He states that the curve just kind of snuck up on him as he was exiting, he drives this way all the time and lives about ½ mile away. When the vehicle gets pulled to the top of the hill you find a ½ liter bottle of vodka on the floor in the backseat and investigate further. After administering Standardized Field Sobriety Tests (SFST’s) you administer the PBT to the subject, which he fails but just barely. The result is a .31 on the PBT. Back at the station an hour after the incident you obtain a result on a breath test of .32BAC. The subject was the lone occupant and has one prior qualified impaired incident on his record within the last 10 years.

Your written answer should:
1. Your written answer should:
· state whether the incident should be charged a violation.
· provide a brief explanation/rationale for your choice.
· include the full statute code including subdivision and list aggravating factors.

QUESTION 5

Apply the statutory language to the following scenario:
You are traveling along at the posted speed limit when a vehicle rocks past you, at least 30 mph faster! You catch up to the vehicle and pace the vehicle, yup – definitely speeding. You make your traffic stop and pull in behind the vehicle on the right shoulder. As you approach the passenger side, the window rolls down enough for the driver to reach across and hand out her driver’s license, but that’s it. In the backseat you see an infant in a car seat, buckled up correctly and fast asleep. The driver mumbles something to you that you can’t hear and then she drops her license and proof of insurance in the passenger seat. She in mumbling and trying to grab them to hand them to you but she just can’t grip them. As she finally is able to pick them up with both hands she looks at you, her eyes are watery and extremely bloodshot, she is slurring profusely as she mumbles and the odor of an alcoholic beverage is radiating from the partially rolled down window. You take her information and ask her a few questions, and then you notice she is almost passed out in the front seat. You clearly can see that she isn’t going to perform SFST’s but you attempt, and she can’t even get to the back of the car without you stabilizing her. She won’t even attempt the PBT and starts to become aggitated. You place her in the back of your squad following policy, thankfully your partners showed up to take care of the car and the infant. While running her license you find that she has three prior qualified impaired driving offenses within the last six years. Back at the station she refuses to give any test and claims she doesn’t have to since she doesn’t live in your city.

Your written answer should:
· state whether the incident should be charged a violation.
· provide a brief explanation/rationale for your choice.
· include the full statute code including subdivision and list aggravating factors.

Below is Part 2 attached.