911Reports to Police in San Diego are becoming evermore boldly promoted via radio ads, public service announcements, billboards, digital freeway displays, and other media by way of well-funded grants and organizations. Among an ever increasing amount of anti-DUI campaigns, the California Office of Traffic Safety (OTS) has partnered with media giants such as CBS and Clear Channel Communications to promote the recent "CALL 911 Emergency & Report DUI!" crusade to spread awareness of suspicious impaired driving characteristics.

Governors Highway Safety Association

The GHSA's San Diego campaign titled "Report Drunk Drivers - Call 911" is being publicized via graphic bus signs, tip sheets distributed by grocery stores, signs displayed on top of local taxi cabs, billboards, signs at the airport, radio and television announcements, nightclub and restaurant materials, and widely distributed web banner ads. California Office of Traffic Safety

Not only does the California OTS recruit ordinary citizens to quasi-patrol the roadways looking for signs of drunk drivers, they publish a "tip sheet" for reporting DUI suspicions to the 911 Emergency System. In addition, The National Highway Traffic Safety Administration (NHTSA) broadly promotes a program titled "Operation Extra Eyes" campaign, supported by a 148 page manual on "how to" implement tipster involved DUI enforcement.

First, a look at the California Office of Traffic Safety Tip Sheet and Frequently Asked Questions publications:

OTS 911 Tip Sheet:

The tip sheet begins with suggestions for spotting drunk drivers. Citizens are directed to be on the lookout for lane weaving or swerving, slow moving vehicles, failure to proceed upon a red light turning green (slow response), irregular braking, turn signals left on, night driving without headlights or with brights, wide turns, and straddling lane lines. Citizens are also advised to report aggressive driving behaviors such as speeding, tailgating, unsafe passing and multiple lane changes.

The OTS' reasons for justifying a call to 911 aren't limited to the behaviors listed above. In addition to driving patterns, the California Office of Traffic Safety summons the public to make an emergency report if they come accross a driver who is "staring straight ahead, face close to the windshield, and/or appears to be quite sleepy...".

OTS ‘Report Drunk Drivers. Call 911’ FAQ's

• Question: How can citizens report DUI to 911?
• Answer:
  Dial 911 from mobile phone (safely). If line continuously returns
  busy signal, call SDPD or San Diego Sheriff Department.



• Question: What will 911 do when I report a suspected drunk driver?
• Answer:
  Request exact location of alleged drunk motorist, vehicle
  description (make, model, year, color), and license plate number.
  911 operator will then dispatch info to a field officer to pursue and detain the suspect.



• Question: Will 911 require my name/identity?
• Answer:
  No. Anonymous tips are fine.

SAN DIEGO DRUNK DRIVING REPORTS TO 911

San Diego Amber Alert Signs Used for DUI Arrests

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”.

Can 911 DUI Reporting be Abused?

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!

DUI Anonymous Tip Case Precedents

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.

Article written by
San Diego DUI Attorney James Patterson of
The San Diego DUI Law Offices of G. Cole Casey

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