ACCIDENTS:
Clayton Rd./El Camino Dr. No Injuries. (12/26/24 – 2120 hrs.)
ARRESTS:
Eagle Peak Ave./Oakhurst Dr. Driving Under the Influence: Alcohol. An 18-year-old Clayton male was arrested after being stopped for Vehicle Code violations. He was released to a responsible party and on his signed promise to appear. (12/25/24 – 2334 hrs.)
BURGLARIES/THEFTS:
Del Trigo Ln. Petty Theft. (12/24/24 – 0846 hrs.)
VANDALISMS:
None.
The 18 your old was DUI he should have been arrested and thrown in jail not turned over to supposedly responsible party. I do not applaud the Clayton Police at all for this boner move.
Does the Clayton Police, or any other law enforcement agency in Contra Costa County get to make that call? If they had done as you suggest, what would have been the outcome in the next 4 to 24 hours? What is the policy of the Contra Costa District Attorney when it comes to post-arrest custody of 18yr old DUI offenders? Each of those questions has a well-known answer.
Denial of Cite Release:
Penal Code § 853.6(i)): (a) The person arrested is so intoxicated that he/she could be a danger to him/herself or to others. – if they cannot lawfully drive, then they cannot take care of themselves in public.
In other words, the arrestee is booked into the custody of the Sheriff and they may be released as soon as they are sober enough to care for themselves or taken for arraignment before a Judge.
Penal Code § 853.6(i)(7) There was a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by release of the person arrested.
I personally know of at least 3 times this has come back to bite a PD in the ass. A person was release into the custody of a spouse or friend. Once they were out of police custody, they drive home and got arrested a second time for DUI.
The police absolutely have the authority to book a DUI and the District Attorney has no say in the matter. For the 1st time DUI this is the only jail time the offender will ever serve. Perhaps that unpleasant experience of incarceration will be remembered and they will use an alternate means of transportation instead driving DUI?
Sounds like it was a family member of yours the way you’re talking.
Should of been arrested and in the pokie with Bubba and his friends that’ll wake him up some.