The REAL Trap Of DUI Emphasis Patrols
Most of us have heard the news bulletins informing us that law enforcement agencies around the state are increasing their “holiday emphasis patrols” in a preemptive strike against drunk driving. What many don’t know, however, is how these groups actually operate.
A common misunderstanding is that these cops are only on the look-out for the obviously drunk drivers, and are waiting to stop cars that appear to be driving erratically or recklessly. While this is also true, most emphasis patrols require that officers make regular traffic stops for routine infractions throughout their shift in the hopes that they will discover a driver who has been drinking. In other words, these cops are not lying in wait for the obviously impaired driver; rather, they are targeting regular citizens as a pretext for conducting otherwise improper investigations into drinking, and are much more prone to make hasty arrests even when the driver is not impaired.
For example, most highway patrol officers working a regular shift would divide their time between responding to calls for assistance (i.e. disabled motorists) and in traffic code enforcement. But on an emphasis patrol, the officer is usually directed not to respond to service calls and instead focus solely on enforcement, even if that officer is in the best position to render assistance. (Consequently, this sometimes results in longer-than-necessary waits for stranded drivers or for the removal of debris in the roadway).
Also, officers working an emphasis shift are much more likely to strictly apply the traffic code then when on routine patrol. For instance, a traffic stop when only driving five miles over the 60 MPH freeway speed limit would generally be a rarity. But for an emphasis officer, any possible violation is reason enough for a stop because it provides an opportunity to investigate drinking – even when the cop has no particular reason to believe the driver has even consumed alcohol or drugs.
In fact, many emphasis patrols require officers to initiate a certain number of traffic stops each hour that they work unless/until they make a DUI arrest. This requirement is often mandated in order to receive funding for specialized patrols. While having contact quotas forces officers to actively work, as opposed to just sitting around while earning overtime pay, it also results in unjustified traffic stops simply to keep up the numbers. Even more troubling, it encourages unjustified arrests because once a DUI arrest is made, the officer is relieved of the quota requirement.
What this means for every driver is that even tiny infractions can get you stuck. Things like: the size of mud flaps, the color of turn signals, the height of exhaust pipes, the tinting of windows, stopping with wheels an inch onto the white cross-walk line, traveling 1-5 miles over the speed limit, turning into the right lane on a left-hand turn or turning into the left lane on a right-hand turn, traveling closely to the car in front = all of these minuscule equipment problems or driving irregularities can result in a traffic stop that would not be a concern under normal conditions.
So, when you think about those “holiday patrols” be aware that they are designed to trap everyone -even where there is no unsafe driving, and remember that minor deviations provide all the ammunition cops need to ruin your night and possibly land you in jail.
