Policy
When an operator of a vehicle is not subject to charges of Vehicular Homicide/Injury, felony Hit and Run, or other felony or gross misdemeanor charges, the operator may be charged with:
- Violations that the investigator has probable cause to believe were committed.
- Violations charged by citizen's arrest.
- Violations by complaint through the City Attorney.
If an officer suspects an operator of a motor vehicle of operating under the influence at the time of an accident, the officer may arrest and process that person for DUI if:
- The officer has probable cause to place that person behind the wheel and;
- The officer documents behavior or conducts a field sobriety test to add to the probable cause of DUI.
Note: Accident reports must be completed if anyone is charged at an accident scene with the following exception: No Driver’s License in Possession.
Definitions
Refer to the Commonly Used Terms page for general definitions.
- Probable Cause: Having reasonable grounds for supporting the requested Court order, to include: search warrants, arrests or other legal process. Probable cause is required by the Fourth Amendment. Officers must have an objectively reasonable basis for believing that a crime may have been committed or that there is evidence of the crime present in the place to be searched.