[HISTORY: Adopted by the Village Board of the Village of Port Chester:
Art. I, 8-18-1969; Art. II, 7-3-1972.
Amendments noted where applicable.]
[Adopted 8-18-1969]
The following procedures will be followed by all officers on all arrests
made pursuant to Subdivisions 1 and 2 of § 1192 of the Vehicle and
Traffic Law.
A.
When an officer observes and halts an operator of a motor
vehicle, who is driving in an erratic manner, and the officer reasonably believes
that such operation is caused by intoxication, either by the consumption of
alcohol or drugs, or when upon investigating a motor vehicle accident he reasonably
believes the operator of the vehicle involved was driving while intoxicated
by the consumption of alcohol or drugs, he shall arrest the operator. The
operator shall be advised as to what charge he has been arrested under (DWI
or DWIA). The time of arrest shall be noted and recorded. The operator must
at this time be advised of his constitutional rights (Miranda warning).
B.
The defendant shall be transported to headquarters by
a police vehicle. In no case shall the defendant be permitted to operate his
vehicle after he has been placed under arrest. There shall be no questioning
of the defendant while he is being transported to headquarters. Upon confronting
the desk officer at headquarters, the arresting officer shall again advise
the defendant of his constitutional rights required by the Miranda decision.
The time, place and person giving the warning shall be noted on the front
of the arrest jacket.
C.
The desk officer shall immediately notify the Police
Surgeon to come to headquarters to examine the defendant and to withdraw a
blood specimen. If the Police Surgeon is not available, a registered nurse
shall be called to withdraw blood and complete the examination form supplied
by the National Traffic Safety Council. The blood specimen must be withdrawn
within two hours of the arrest.
D.
The Police Surgeon (or registered nurse) shall first
endeavor to obtain the medical history by asking questions found on the front
side of the form supplied by the National Safety Council. The Police Surgeon
(or registered nurse) shall then conduct the examination as outlined by the
aforementioned form.
E.
The arresting officer shall direct coordination tests
that are listed below and any other test required by the Police Surgeon (or
registered nurse). These coordination tests shall be performed by the defendant
only if he is willing. If tests cannot be conducted because of unwillingness
of the defendant, conditions shall be recorded from general observation.
Tests 1 through 7 shall be found at the rear side of the National Safety
form.
A.
Tests shall be conducted by the Police Surgeon or registered
nurse only.
B.
Blood test. Upon the conclusion of the examination by
the Police Surgeon (or registered nurse) and after the completion of the coordination
tests, the arresting officer shall ask the defendant, "Will you submit to
a blood test for intoxication?" If the defendant states that he does not desire
to submit to a blood test, the arresting officer shall advise him that his
refusal must be reported to the Commissioner of the Department of Motor Vehicles,
State of New York. The arresting officer must use the following warning: "Refusal
to submit to a blood test may result in revocation of your license or driving
privilege, whether or not you are found guilty of the charge for which you
were arrested."
(1)
It shall also be pointed out to the defendant that if
he is of the opinion he is not intoxicated, the results of said blood test
will be available and will be of benefit to him. If the defendant refuses,
FORM DS-6 must be completed and filed with Commissioner of Motor Vehicles
by the arresting officer, in duplicate.
(2)
If the defendant requests to have his own physician present
to withdraw blood, he shall be informed that he may contact his physician
(desk officer may place call) who may withdraw an additional specimen. However,
the Police Surgeon (or registered nurse) must withdraw a specimen of blood
for the Police Department first.
(3)
If the defendant desires to consult an attorney as to
whether he shall or shall not submit to a blood test, the attorney shall be
contacted by the desk officer and the defendant may speak to the attorney;
or the defendant may desire the presence of the attorney at headquarters to
discuss the blood test.
(4)
The defendant and attorney must be advised that the blood
test must be taken within two hours of arrest, and of the time which has lapsed
since the arrest. Also, both the attorney and defendant must be advised that
in the event the attorney does not present himself in time to permit withdrawal
of a blood specimen from the defendant and the defendant refuses because his
attorney is not present, it will be in effect a refusal to submit to a blood
test. If and when the defendant consents to a blood test, the arresting officer
shall request the Police Surgeon (or registered nurse) to withdraw the blood
specimen from the defendant.
A.
After withdrawing the blood specimen, the Police Surgeon
(or registered nurse) will put the blood into a bottle provided by the Westchester
County Laboratory. The bottle shall be sealed and labeled by the Police Surgeon
(or registered nurse). Then the Police Surgeon shall give the specimen bottle
to the arresting officer who shall, in the presence of Police Surgeon (or
registered nurse), place same in a metal box provided by the Police Department
and lock same. The arresting officer shall immediately place same in a refrigerator
and secure same.
B.
The key for the container shall be placed in an envelope
and sealed. Upon said envelope shall be written the name of the defendant,
the date, the time, the charge and the officer's signature. The envelope
shall then be placed in the mail slot of the Violation Bureau.
The arresting officer and desk officer shall complete the form entitled
"Report on driver charged intoxicated," which is provided by the Police Department.
Forms shall be filed in the defendant's case folder, where they will
remain and be available to the Police Department and prosecutor only, until
such time as the case is disposed of.
On the next weekday immediately following blood test, the specimen must
be taken to Westchester County Laboratory. A receipt must be received for
same.
Immediately following completion of the examination, coordination tests
and blood test (if permitted), the defendant shall be booked. If lie has been
charged with driving while intoxicated, § 1192-2 of the Vehicle
and Traffic Law, he must be photographed and fingerprinted. If he has been
charged with driving while ability impaired, § 1192-1 of the Vehicle
and Traffic Law, photographing and fingerprinting is not permitted by law.
A.
The defendant shall not be permitted bail and release
unless he is sober (at least four hours after arrest), except if he is bailed
by a relative or attorney who will be entrusted with his welfare. No bail
will be accepted unless the defendant submits to being photographed and fingerprinted
if the charge is "driving while intoxicated."
B.
The amount of bail in all DWI cases is $500 cash or bond
only.
C.
The amount of bail in all DWIA cases is $100. If the
defendant has been involved in a vehicular accident, bail shall be $200. (Bail
amounts shall be set by the Judge of the Court of Special Session, Port Chester,
New York.)
Statements shall be taken from witnesses as soon as possible. All statements
will be filed and recorded with the Detective Division. A copy of the statement
will be placed in case folder of the defendant.
A.
A request for a record of convictions must be sent to
Department of Motor Vehicles to ascertain possible previous convictions of
DWI or DWIA.
B.
If the record discloses a previous conviction of DWI
or DWIA which will change the grade of offense or punishment, a copy of said
conviction must be obtained from the agency which previously convicted the
defendant.
[Adopted 7-3-1972]
The following procedure will be followed by all officers in all arrests
made pursuant to Subdivisions 1, 2 and 3 of § 1192 of the Vehicle
and Traffic Law of the State of New York when the breathalyzer is used to
test for intoxication.
A.
When an officer observes and halts an operator of a motor
vehicle who was driving in an erratic manner and the officer reasonably believes
that such operation is caused by intoxication by the consumption of alcohol,
or when upon investigating a motor vehicle accident he reasonably believes
the operator involved was driving while intoxicated by the consumption of
alcohol, he shall arrest the operator. The operator shall be advised as to
the charge under which he has been arrested (DWI or DWAI). The time of arrest
shall be noted and recorded. The operator must at this time be advised of
his constitutional rights (Miranda warning).
B.
Transportation to headquarters; warning.
(1)
The defendant shall be transported to headquarters by
a police vehicle. In no case shall the defendant be permitted to operate his
vehicle after he has been placed under arrest.
(2)
There shall be no questioning of the defendant while
he is being transported to headquarters.
(3)
Upon confronting the desk officer at headquarters, the
arresting officer shall repeat the Miranda warnings to the defendant in the
presence of the desk officer. The time, place and person giving the warning
shall be noted on front of the arrest jacket.
The procedure for giving the breath test with the breathalyzer shall
be as follows:
A.
The desk officer shall immediately notify a certified
breathalyzer operator to report to headquarters to conduct the test. The breath
test must be conducted within two hours from the time of arrest.
B.
The arresting officer shall complete the form, "Report
on Driver Charged Intoxicated." Said form is supplied by the Police Department.
C.
The desk officer shall record his observations on the
above-mentioned form.
D.
The arresting officer shall ask the defendant, "Will
you submit to a breath test for intoxication?" If the defendant states that
he will not submit to the breath test, the arresting officer shall advise
him that the refusal to submit to a breath test must be reported to the Commissioner
of the Department of Motor Vehicles.
E.
The arresting officer must warn the defendant as follows:
"Refusal to submit to a breath test may result in revocation of your license
or driving privilege, whether or not you are found guilty of the charge for
which you were arrested." If the defendant still refuses to submit to a breath
test, the arresting officer shall complete Form DS-6 in duplicate and file
it with the Commissioner of Motor Vehicles.
F.
The defendant, at his request, may have his own physician
present when the breath test is conducted. He may also request his physician
to withdraw a sample of his blood after the breath test is completed. The
breath test must be conducted first.
G.
If the defendant requests to consult his attorney as
to whether he shall or shall not submit to a breath test, the attorney shall
be contacted by the desk officer and the defendant shall be permitted to speak
to his attorney. If the defendant requests the presence of his attorney at
headquarters to discuss the breath test, both the defendant and attorney must
be advised that the breath test must be taken within two hours of arrest,
and they shall be advised of the time which has elapsed since the arrest.
Important: both the attorney and the said defendant must be advised that in
the event the attorney does not present himself in time to permit the breath
test to be conducted within two hours and the defendant refuses because his
attorney is not present, it will be, in effect, a refusal to submit to a breath
test.
H.
If the defendant consents to a breath test, the arresting
officer shall direct the certified breathalyzer operator to conduct the test
in accordance with breath test rules as follows:
(1)
Breath test rules. All breath tests of persons arrested
under § 1192 of the Vehicle and Traffic Law shall be given on the
breathalyzer. Breathalyzer tests shall be given only by members of the Port
Chester Police Department who are certified breathalyzer operators, certified
by the Director of the New York State Police Scientific Laboratory.
(a)
Breath tests on the breathalyzer shall not be given sooner
than 20 minutes after the person tested last drank any alcoholic beverage.
(b)
All breath tests of persons arrested under § 1192
of the Vehicle and Traffic Law shall be given within two hours after arrest.
(c)
Members administering a breathalyzer test shall execute
and maintain a breathalyzer operational check list and shall operate the breathalyzer
in accordance with the steps outlined in the operational check list. Each
step in the operation of the breathalyzer shall be checked off in the space
provided on the operational check list. The time and the percent of alcohol
in the blood shall be entered in the spaces provided on such list.
(d)
The operational check list is as follows, printed forms
for which are provided at headquarters:
|
PORT CHESTER POLICE DEPARTMENT
BREATHALYZER OPERATIONAL CHECK LIST
| ||
|
Subject's Name __________
|
Date _________
| |
|
- a.m.
| ||
|
Time of Test _____________
|
- p.m.
| |
|
Blood Alcohol 0. _______%
|
Ampul Control No. __________
| |
|
Operator ________________
|
Witness _________
| |
|
Instrument _______________
|
PCPD No. __________
| |
|
PREPARATION:
| ||
|
1. -
|
Snap switch to "On," unlock and center null meter, wait until thermometer
indicates 50° + 3°C.
| |
|
2. -
|
Gauge REFERENCE ampul and insert in left-hand holder.
| |
|
3. -
|
Gauge TEST ampul, open (gauge again), insert bubbler and connect to
outlet.
| |
|
PURGE:
| ||
|
4. -
|
Turn to TAKE, flush out, turn to ANALYZE.
| |
|
5. -
|
When RED empty signal appears, turn to OFF, wait 1 1/2 minutes,
turn on LIGHT, and BALANCE null meter.
| |
|
6. -
|
Set BLOOD ALCOHOL pointer on START line.
| |
|
ANALYSIS:
| ||
|
7. -
|
Turn to TAKE, secure breath sample, turn to ANALYZE (record time).
| |
|
8. -
|
When RED empty signal appears, turn to OFF, wait 1 1/2 minutes,
turn on LIGHT, and BALANCE null meter.
| |
|
9. -
|
Record BLOOD ALCOHOL SCALE reading.
| |
|
10.-
|
PURGE, EQUILIBRATE, ANALYZE and record result. Dispose of test ampul.
Lock null meter.
| |
(2)
Results of the breathalyzer test shall be made available
to the defendant.
A.
The arresting officer and desk officer shall complete
the form, "Report on Driver Charged Intoxicated," which is provided by the
Police Department.
B.
Forms shall be filed in the defendant's case folder
where they will remain and be available to the Police Department and the Prosecutor's
office only.
A.
A request for a record of convictions must be sent via
Teletype to the Department of Motor Vehicles and to the New York State Criminal
Justice System, to ascertain previous convictions under § 1192 of
the Vehicle and Traffic Law of the State of New York.
B.
If the record discloses a previous conviction of driving
while intoxicated or driving while ability impaired, which conviction will
change the grade of offense or punishment, a certified copy of said conviction
must be obtained from the court where the defendant was previously convicted.
