Just in time for the holidays and a winter football season that will undoubtedly see a great deal of spirited celebration in Louisiana, state courts have upheld a significant ruling for local DUI cases. The Louisiana Court of Appeals recently affirmed the right of private citizens to make DUI arrests of fellow motorists whom they suspect of driving under the influence of alcohol.
Issued in mid-November, the ruling of the three-judge panel was made in consideration of the case of Tracy L. Common, who was stopped in 2006 in the town of Westwego by off-duty Gretna Detective Brian Rico. Rico witnessed Tracy L. Common's Chevy S-10 swerving on the road and was almost struck by the vehicle. Although outside his jurisdiction and not on active duty, the detective suspected that the driver was impaired, so he activated the lights on his unmarked car and pulled Common over, conducting a pat-down search prior to the arrival of local police. The pat-down turned up 50 pills and $1100 dollars in cash, and the subsequent vehicle search performed by police uncovered $2000 and a package of marijuana.
Although a police officer, Rico's actions were considered by the court to be those of a private citizen due to his off-duty, non-jurisdictional status. Given that consideration, the prosecution drew on the precedent of the 2008 appellate case of Louisiana v. Lavergne, which upheld a DUI traffic stop performed by a volunteer Texas firefighter. The ruling written by Judge Susan M. Chehardy stated that, "Here, as in Lavergne, we see no error in the finding that a private citizen who witnessed aggravated obstruction of a highway is authorized to arrest a defendant."
Already-established Louisiana state law allows private citizens the right to make arrests for felony offenses, and the November ruling adds a compelling affirmation of the precedent that driving in a manner endangering human life qualifies as such an offense under the highway obstruction statute. Louisiana drug rehabs may find they have more people assigned to drug court as a result of these citizen arrests, soon.
As we undergo holiday celebrations and a football season that can tend to encourage drinking, some alcohol abuse experts see the ruling as an occasion to extend our collective concern for public safety and well-being to arenas beyond that of law enforcement. Jeff Gordon, Lead Counselor at the Narconon Riverbend Drug Rehab, a Baton Rouge area drug rehab, urges occasional indulgers to practice moderation and know their limits, and recovering alcohol abusers to seek extra support when they need it. "These can be tough times for anyone who is tempted to abuse alcohol or other drugs," says Mr. Gordon. "We can all help our friends and loved ones by staying sober, offering rides, and encouraging safe behavior in those around us."
Rehabs in Louisiana are prepared to help local drug abusers get the help they need. Call 1-877-340-3602 for assistance.
