DeKalb County Police Department Scrutinized for Selectively Releasing DUI Suspects

Normally, when a police officer has probable cause to arrest a driver on suspicion of DUI, the process is to place the suspect under arrest and take them to the local jail for booking. This is where the suspect is photographed, fingerprinted, and held in jail until they are able to post bail. This also creates a public record of the arrest, which may be carried by local news media.

Fox 5 Talks to Hawkins Spizman Partner About Doraville Policy

Fox 5 Atlanta recently reported, however, that one local police department in DeKalb County has been allowing some DUI suspects to be released without going through the booking process. According to Fox 5, police in Doraville released a former city councilman following an incident where he crashed his vehicle into a stopped car and injured a woman. Instead of taking the ex-councilman to jail, the Doraville police took him home. He was still given a later date to appear in court to answer DUI charges.

According to their investigation, Fox 5 said Doraville police have selectively released other DUI suspects “based on its staffing levels during a given shift.” Hawkins Spizman partner Justin Spizman told Fox 5 that this type of selective enforcement has “sweeping ramifications” for those suspects who are not required to go through the booking process:

There’s certainly a huge benefit to not be taken to jail on the night that you’re being accused of committing a crime. Any time someone is taken to jail, they’re fingerprinted, they’re photographed, and the information goes on the jail booking website.

Spizman added that if “he found out a client had gone to jail while other suspects charged with the same misdemeanor crime had gone free, he’d make an issue out of it.” For example, he would raise it during cross-examination of an arresting officer. The issue is whether or not the police department’s policies are “applied 100 times out of 100 in the same way.”

Another potential concern with this type of policy is that a suspect who is not taken to jail may end up right back behind the wheel and cause serious injury to themselves or others. A 2013 incident in New York offers a case in point. A Long Island deli owner was out drinking at a local restaurant. While driving home, he lost control of his vehicle and smashed into a parked car.

Suffolk County, New York, police arrived at the scene and determined the suspect had a blood-alcohol level that was nearly twice the legal limit. Yet because the officers knew the suspect–they were regular patrons of his deli–they decided to take him home rather than jail. But shortly after arriving home, the suspect took out his mother’s car and got into a second accident, which sadly killed him.

The suspect’s mother subsequently sued Suffolk County for their officers’ alleged “negligence and reckless misconduct” in her son’s death. The lawsuit settled out of court in 2019.

Contact Hawkins Spizman Trial Lawyers Today

If you are facing drunk driving charges, do not assume you will get any special treatment from the police or the judicial system. You need to work with a qualified DeKalb County DUI attorney who will look out for your interests. Contact Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Sources:

fox5atlanta.com/news/doraville-pd-releasing-some-drivers-charged-with-dui-while-others-go-to-jail

projects.newsday.com/long-island/suffolk-police-peter-fedden-crash/