Q: Why didn’t the officer charge this person with a DUI?
I witnessed an intoxicated person driving last night who ended up causing property damage. Officer found this person at their residence and only issued a citation. Why didn’t the officer arrest this person? I was an eye witness to the whole incident and there was property damage. Those two things should be enough to put this person behind bars. But now he’s gonna plead guilty to the citation, pay the fines, and get away with this. There has got to be something that can be done.
A: It's possible that the officer did not have sufficient evidence to establish intoxication at the time of the encounter, or they may have chosen to issue a citation instead of making an arrest based on their discretion and department policies. Keep in mind that law enforcement decisions can vary depending on the circumstances, available evidence, and local laws.
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