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San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM

Anonymous 911 Drunk Driving Reports solicited by police are a fairly recent development in the San Diego DUI industry. San Diego digital freeway signs intended for the Amber Alert Child Abduction Program are now being utilized to urge motorists to crack down on other drivers they suspect of being drunk by immediately reporting any suspicion as an emergency to 911.

This procedure is part of a campaign between MADD and law enforcement agencies to "eliminate drunk driving".

According to San Diego County Sheriff Bill Kolender, the reporting citizen (or tipster) is to provide the exact location, vehicle make and model, and license plate of a driver exhibiting any of the following signs, which include tailgating:

- Appearing to be drunk or drinking in the car
- Turning with a wide radius or straddling the center of the road or lane marker
- Almost striking another object or vehicle and weaving or zigzagging across the road
- Turning abruptly or illegally and driving slower than 10 mph below the speed limit
- Following others too closely
- Drifting or moving in a straight line at an angle
- Erratic braking
- Driving into opposing or crossing traffic or driving with headlights off

“We want motorists to exercise common sense and good judgment by calling 911 to report a drinking driver,” said Sheriff Kolender. “Under no circumstances should the public make an attempt to follow or stop the vehicle or interact with the driver. Please leave that to trained professionals by calling 911”.

Although this tactic may be legal, it raises significant questions and appears to be wide open for abuse. For instance, an individual who falsely reports his or her former spouse for drunk driving when in fact, the accused was not impaired but simply driving home after dropping off the kids. At this point, it’s also not clear what ramifications, if any, will be imposed upon the individual who contacts law enforcement and makes a false or unsubstantiated claim alleging a driver is under the influence, as the tipster's own identification and license plate (or sobriety, for that matter) is not reported to be at question.

It is not yet clear what happens to San Diego drivers who have been "tipped off" but not stopped (caught up with), although in some counties the suspect will receive a letter in the mail advising them there has been a report they were drunk driving to serve as a warning.

If DUI Emergency Reporting stems from an ulterior agenda or simple revenge, or an infraction such as tailgating, the accused is not being afforded their basic Constitutional rights and are being injected into the legal system in a dubious fashion and forced to prove their innocence which was at one time, presumed!

The California Court in People v. Wells, 38 Ca. 4th 1078 (2006) addressed the question of whether it is legal for a law enforcement officer to stop a vehicle to investigate an anonymous report that the driver may be under the influence. The Wells Court held that a stop based on an informant’s tip is legal if four factors or circumstances are present:

i. A sufficiently accurate description of the suspected drunk driver’s vehicle, direction and location provided by the caller is confirmed by the officer stopping the suspect’s vehicle;

ii. The informing party actually saw the illegal conduct and was not speculating, exaggerating nor fabricating; (how can this be verified?)

iii. The informant’s description of the illegal conduct sufficiently describes actions which are reasonably certain to pose an imminent threat of harm and

iv. There must be some indicia to believe the informant is reliable if the Officer successfully confirms the description and general location of the subject vehicle.

Although these four factors seem to be relatively stringent, the Court in Wells applied them loosely and allowed for a broad link between the four factors and the facts such that the Court opened the door wider to allowing an anonymous informant to assist law enforcement to stop and arrest DUI suspects. The Court justified this broad interpretation and application due to the exigent circumstances surrounding the situation reflective of the socio-political climate affiliated with DUI.

G. Cole Casey heads the top San Diego drunk driving defense law firm. As a well known San Diego DUI lawyer, his proven track record and DUI jury trial case results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  Email Us  now to discuss a legitimate and effective defense strategy for your driving under the influence case.