textfiles/law/crimeftr.009

                   Drunk Driver Terminator (DDT) Patrols

The primary goal of DDT Patrols is to reduce the number of drunk drivers
on the streets and highways, and to obtain leads on criminal activity.

Because drunk driving violations are usually misdemeanors and no rewards
are available, CrimeFighter lawsuits are used when possible and practical
to have lawbreakers pay appropriate awards to compensate CrimeFighters for
their time and effort. DDT Patrols also provide a low-risk, basic training
experience for rookie Crimefighters.

DDT Patrols are a good place for rookies to practice newly-learned skills
of surveillance; tailing people/vehicles; reporting to police dispatchers;
using simple disguises to alter their appearance; and wearing body mikes to
record their conversations with bartenders and patrons to get information.

If you don't have any police training or experience in making arrests, you
can give the information you obtain on criminal activity (drug dealing and
other felony crimes) to an experienced CrimeFighter in your group. And
negotiate for a fair share of the reward he obtains with your leads.

The worst case scenario is you'll be spotted and/or identified as a member
of the DDT Patrol. You may be "asked" in rough language to leave the bar,
but you probably won't be attacked or threatened with bodily harm. If you
are verbally and physically assaulted, and wear a wire and have a verbatim
recording, you may have evidence for a lawsuit. If you are assaulted, sue
them for assault and battery, and have the last laugh at their expense.

That's a reason to wear simple disguises, and to rotate bars and shifts so
you aren't easily noticed by your sparse drinking habits. If you belong to
a local CrimeFighter group, your CrimeFighter "shift supervisor" may do the
scheduling and rotation of personnel in your area.

Eventually, the DDT Patrol will lead to criminal-related information and
RICO charges against the bad guys with deep pockets to pay larger awards,
and federal rewards for dope dealers and other organized crime groups.

All you need for a DDT Patrol is a vehicle, camcorder, and a cellular
phone. If you can't afford to buy them, you can lease them for about $40
a month from Radio Shack (time payments). If you only snare one or two
drunk drivers per week, you'll make $1,000 or more per month, or about
$15,000 a year,. Then you can afford to buy the tools of your trade.

This job is probably the easiest one for CrimeFighters -- you don't have to
approach, arrest or talk to the drunk. All you have do do is:

(1) be on the lookout for obvious drunks when they're seen leaving a bar

(2) make a home movie of a drunk staggering to his car in the parking lot
and climbing into the driver's seat of a vehicle;

(3) call the police and let them stop, test, and arrest the drunk driver;

(4) Look for their conviction in your local newspaper (or visit the
courthouse to read the notices); and

(5) Initiate a lawsuit for personal damages and ask for an out-of-court
settlement, and try to obtain information on criminal activity.

                                * * * * * *

Just for the fun of it, I've prepared a CrimeFighters "Operations Manual"
to give you an idea of what you do, and how to go about it.

                                DDT Patrols

Visit popular bars in your neighborhood, especially those that advertise
"happy hours" (order one, get one free). Patrons at this kind of bar will
buy at least two drinks and wind up with four or more. For most people,
four is one too many! Once a person starts to drink, it leads to another,
and another. The free drinks coax a person to spend more than intended and
drinking more than he/she can hold.

Park your vehicle where you can photograph drunks leaving the bar.

Go inside, order a beer, and sit and watch the action inside for about half
an hour or so to locate and memorize faces and clothes of the inebriated.
Also observe the bartender serving customers additional drinks while they
are, in your opinion, obviously too drunk to drive. When someone has had
four or more ounces of hard liquor (or four or more bottles of beer) in one
hour, they're probably close to or over their limit -- but it also depends
on body size and physical activity.

By the way, if you belong to a CrimeFighter lodge, there will be someone in
charge, like a training officer, who knows what each CrimeFighter is doing,
and the shifts they work. That will help to avoid duplication of effort.
It will also prevent too many vehicles tailing the same person -- possibly
spooking them into high speed driving to escape from suspected robbers or
rapists. And, in emergencies, you can call for backups.

                                DUI Arrests

If you try to make the arrest before he/she drives away, you have no legal
cause to make an arrest for "drunk driving". Besides, you'd blow your cover
when possible scuffling and shouting takes place on the bar's parking lot.
Once the vehicle's rolling, call the police. Let them make the arrest.

Police need your official "complaint" because they aren't allowed to pull
over vehicles without probable cause. Your official complaint is what they
need to justify stopping the vehicle. If they smell booze or can tell by
the slurry voice the driver needs a sobriety test, the officer will do the
questioning and, if permitted by law, take a breatholizer or blood test.

If drivers refuse, they're automatically charged with DUI. If they're over
the limit (if you've done your job, that's almost a certainty) you won't
need to testify. The officer obtains and gives the evidence needed for a
conviction.

You can follow (tail) the driver, but don't chase or spook them. Citizens
don't have the authority to make arrests for misdemeanors. If you tried to
pull over a drunk driver in an unmarked car it could be misinterpreted by
the driver as an attempted robbery. If the driver has a gun, he may shoot
at you. Or, if he spots you following him in a suspicious manner he might
try to run away from you at high speed and cause an accident. Resultant
lawsuits might be directed at you for "forcing" the driver into reckless
driving. (Chapter 23 explains high-speed pursuit regulations.)

If he gets away, don't worry about it. If you get the vehicle license plate
number, and have it on a videotape, there's another way to nail the perp.

                             No Police Arrests

On busy week-end nights, when all hell breaks loose for the local P.D.,
you may not get fast police patrol service for DUI calls. If not, you may
be able to use your videotape along with you and your partner's sworn
statements to initiate a lawsuit. Police should also have a record of your
phone calls (complaints) which will add credibility to your claim.

Use the DMV to get the drunk's name and address. File the paperwork to
initiate a personal damage lawsuit. Mail a copy of your lawsuit demand with
a copy of the videotape recording showing the person staggering and his
vehicle weaving on the road home after driving away from the bar. The tape
should convince the driver you have sufficient evidence for a conviction.

Your pending lawsuit permits you to mail a lawsuit interrogatory form to
the defendant and he/she is legally required to answer all your questions
concerning the drunk driving episode. A key question will be "at what bar
or tavern did you have your last alcoholic drink." That helps you to keep
track of bars or taverns who serve drunks their last drink. Interrogatories
become part of your evidence against the bar. And, of course, you will ask
other questions to reveal any other "problems" with the bar or tavern, such
as prostitutes on the premises, drug dealing, gun toting customers, etc.

Another key question will ask for his insurance company agent's name and
address. At that point, the defendant will realize if the tape is given to
his insurance company, he will be subject to a rate increase and possibly
insurance cancellation.  Besides the cost of the rate increase for future
insurance, he will have to pay a lawyer to fight the lawsuit.  The least
costly option is for an out-of-court settlement. At that point, and in this
situation, a $1,250 out of court settlement may be the lesser of two evils.
($1,000 for personal damages and about $250 or more for your costs.)

Note: If you don't try to get police to make an arrest at the time of the
crime, and just use the tape to threaten disclosure to the lawbreaker's
insurance company, it might be called blackmail!  Citizens are required by
moral obligation and by law, to report a crime in progress, but are not
required (or allowed) to make arrests for misdemeanors. When police have
the information and don't follow up on it, that's not your problem. You've
done your duty. Use lawsuits to collect your reward and to obtain crime-
related information when you can.

If the lawsuit isn't easily settled out of court (no job, no money, etc.)
you have one more option: Contact Crime Stoppers and the local chapter of
M.A.D.D.  Ask for a reward for the information on the videotape and related
documentation. Crime Stoppers or M.A.D.D. might pay occasional (small)
rewards for DUI.

Besides payment  of the lawsuit, or in lieu of payment when you know they
can't afford to pay, you can ask them to sign a statement concerning the
bar operation. You might discover some damaging information that may be
used against the bar in a separate lawsuit. These are bonus coupons to be
redeemed later in your lawsuit against the bar owner and connected parties,
such as the building or hotel owner if the premises are leased to the bar.

                             Bonus Payments

Police Departments don't bother to keep a separate record or compile a list
of bars related to drunk driver convictions. Bar owners are seldom charged
with any violation unless the police want to close down the bar by revoking
their liquor license. However, you could keep or compile such a record --
and make another $25,000 or so, as a bonus -- from each bar.

To prove that a certain bar has routinely and habitually served liquor to
drunks, list the names and addresses of convicted drunk drivers that have,
within a short period of time (about 3 months), frequented each bar. Your
complaint will list all drunk drivers who were served their last drink in
the same bar.

Police records of DWI arrests connected to the bar is the main evidence,
plus videotapes, depositions and interrogatories from drunk drivers when
available. You lay charges against the bar owners accordingly and (if it's
a felony charge) assume the role of prosecutor to protect your interests.
Negotiate your civil suit at the same time you allow plea bargaining. Your
out-of-court (lawsuit) settlement will be scaled to fit the severity of the
offense as well as the ability the defendant's ability to pay. When you
have conclusive evidence, and allow plea bargaining to lesser charges (when
possible), means your lawsuit will be settled quickly and out of court.

                           Getting the Evidence

When you've identified a few probable drunks inside the bar and have
personally seen the bartender serving them, go to the parking lot and be
prepared to take a home movie on a camcorder (with a 12:1 zoom lens) that
shows the drunk leaving the bar. Many camcorders have sensitive low LUX
image-taking features that make recordings even in dim light. (1 lux = one
candle power). But to make sure of a clear picture, ask your partner in the
driver's seat to start up the motor and turn on the headlights when the
drunk exits from the bar to provide the extra lighting you may need.

Try to get the videotape to include a portion of the building (signs are
best) that disclose the building location and business name. A camcorder is
better than a 35 mm camera because it can "pan" to show the bar entrance
(for identity) and can zoom in on the license plate of the vehicle that's
shown in the parking lot. A camcorder panning from one location to another,
picking up all the action on the one film, is more convincing. It's even
better if the date and time are shown in the tape.

Keep the camera recording until you get pictures of the drunk getting into
the driver's seat, starting up the vehicle, and driving away. The movie
should show the drunk driving a vehicle after consuming many drinks. If he
is staggering like a drunk -- make sure that's on the videotape. The movie
should show certain features of the parking lot that fix the location of
the drunk's vehicle on the bar's parking lot or near the bar or tavern,
plus a videotape's date stamp.  Police records will also show the location,
time and date, plus vehicle license. Put them both together and you have a
case, plus an excellent (cop) witness, if needed.

You won't need videotapes as evidence against the drunk.  The police will
lay charges if the driver fails the sobriety, breatholizer, or blood test.
That's all a judge needs to convict a drunk driver. The camcorder evidence
is used against bar owners for habitually serving liquor to drunks. That's
why you need to identify the bar and the driver (either with a picture of
faces and/or license plate number of the vehicle) to tie them to the bar.

When there is a conviction, you have the hard evidence to justify your
lawsuit demand for "personal damages" as explained in previous chapters.
Having convictions on the record will help you obtain an out-of-court
settlement because they have no valid defense. If they're stubborn, apply
for summary judgment. With the conviction notice of the drunk driver and
your claim for personal damages, it's usually all you need to obtain
summary judgment. Payment is enforced by the court, if it's needed.

Traffic offenses are usually scheduled and disposed of within 90 days.
Usually, the fine must be paid promptly and few Appeals will be made. As
soon as you find out from police records or newspaper report of court
activity, use your word processor to crank out the paperwork to initiate a
civil suit against the convicted driver for gross negligence.

                                 Partners

If you're a loner, that's alright. However, partners provide camouflage and
can verify your statements so it's not one person's word against another.
Also, one can drink beer while the other sips soft drinks. The worst that
can happen is you'll be suspected as a member of the DDT Patrol. You may be
roughed up by angry patrons or bar owners. If there's two or three in your
team, you can provide backup for each other. And, when there's two or three
in your group, it will discourage any violence. If you're all alone, you
might be vulnerable, especially in "roughneck" bars.

Bartenders and waiters/waitresses aren't necessarily nosy (some are) but
they may try to make friends to encourage you to come back again. Instead
of being stand-offish, be prepared to make friends and future contacts.

It's usually unwise to use your own identity in an undercover role. Phoney
I.D. may come in handy. It would be essential if you learn about criminal
activity and are instrumental in making arrests. With that thought in mind,
it might be a good idea to create a new name and address with matching I.D.
for your undercover role. (CRIMCAT has a few good books on that subject.)

This is where you can practice role playing and simple disguises that are
natural (not artificial) but can alter your appearance. Undercover agents
are actors who can assume another person's identity and personality. They
can put it on and take it off like a suit of clothes. The important thing
is to make your new identity look natural and fit your own personality too.

                    Camcorders - Indisputable Evidence?

The Las Vegas Review-Journal, May 27, 1990, in a story entitled, "Videos
Record DUI Suspects," reported that before they used videos police often
had problems of obtaining a conviction. But with the evidence on tape --
showing the suspect staggering while he walked in the parking lot to his
car, or the suspect's vehicle weaving on the road -- the video evidence was
enough to convince the defendant to plead guilty. "It's just indisputable
evidence,"  said Jimmy Stallings, a deputy chief in the Tampa Police
Department. "Once the defense attorney sees what their client looks like at
that particular point...it's very obvious, it's not even close. Many times,
you've got a person who says they had only two drinks, and they're falling
down drunk on the videotape."

                               No Camcorder

If you don't have a camcorder, wait until the drunk starts the vehicle and
is verified to be the driver, leaves the parking lot, and drives off.  Use
a cellular phone to report it to the police.  Give them the license number,
make and model of the car, the location of the bar, and the direction of
the suspect's car as it left the parking lot. They'll automatically ask for
your name as the person making the complaint. Your name on the complaint
helps to justify your lawsuit to recover your "costs", plus an award.

Note: Camcorders and cellular phones are "essential equipment" when working
the DDT Patrol. More info on them is in Chapter 26 - High Tech Equipment.

              Cellular Phone versus Citizen's Band (CB) Radio

Cellular phones cost more than a CB, but a telephone call to the police is
preferred. When you use a telephone a formal complaint is made out. A CB
call may be heard by a patrol car, but may or may not be acted upon, and no
complaint sheet will be made out. A CB call may not get a response if the
nearby patrol car is already assigned and en route to a different call.

A CB call on an emergency or police channel isn't a private call. These
channels are usually monitored by scanners and overheard by many people
including the bar owner. They and others would soon spot the pattern of
calls and your DDT Patrol operation would be discovered. Don't use CB's.

Tail the drunk until the police arrive and pull the car over and test the
driver. If police don't arrive within five minutes, give them another call
and advise the new location. Tell them if the driver's weaving all over the
road, running red lights, and driving over the speed limit. Get it on tape
with your verbal comments as you drive. Make a recording of the ongoing,
vehicle surveillance. When you see the drunk driver pulled over by a patrol
car, that's the end of your surveillance. Go to a different bar and repeat
the procedure until closing time or the end of your shift.

                                * * * * * *

Traffic offenses are usually scheduled and disposed of within 90 days.
Usually, the fine must be paid promptly and very few appeals will be made.
Initiating a lawsuit and negotiating a settlement may take a week or two.

If you're a hard worker, you may be able to report two or more drunks per
night.  That's good for two reasons: First, the $500 per drunk ups the ante
to about $1,000 per shift; second, it also provides "proof" (after about
three or more convictions related to the same bar) that the bar routinely
serves liquor to drunks. Serving one drunk might be held to be a mistake in
judgment. A dozen or more within a few weeks or months from the same bar
makes it "routinely and habitually."

Question: How many bars in your vicinity (within 50 miles of your home)
offer "Happy Hours," hustle patrons for extra drinks, and maybe allow
hookers or drug dealers on the premises?

Busy bars may be like gold mines for their owners. They could prove to be
gold mines for active CrimeFighters too.

                    End of DDT Patrol Operator's Manual

                                * * * * * *

              How to Calculate Lawsuit Awards for DDT Patrols

Drunk driving is a felony after two or three prior convictions within a
certain period. It's usually a felony when combined with driving without a
license, a suspended license, or driving without required insurance. Each
State has slightly different conditions and time periods but generally
their laws are quite similar.

When felony charges are laid, you're eligible for a reward under 18: 3059.
Assert your right to prosecute. When the person asks for plea bargaining,
use your prosecutor position as leverage to negotiate a fast and easy
settlement of your lawsuit.

Penalties for drunk driving are close to $1,000 in most States and even
more for subsequent convictions. Adjust your lawsuit to match the fines.

California and Texas fines for first-offense DWI (Driving While
Intoxicated, in other states called DUI or Driving Under the Influence) is
close to $1,000, and up to $2,000 for the second offense. Other states
average about $1,000.
                              * * * * * *

Drunk Driving, an American Dilemma," by James B. Jacobs, mentions that
fines have been declining over the years and that a $500 fine is not as
strong a deterrent as it used to be.

Some States levy a "flat" fine of a specific amount regardless of the
degree of blood alcohol content (BAC).  Example: a BAC of .08 to .10
(depending on the State) is defined as "impaired."  A BAC of .15 means the
driver is seriously impaired, and at .20 or more the driver is criminally
impaired. Why not consider fines that charge the minimum for DUI -- plus
$250 for each percent increment in BAC?  A person with a BAC of .18 would
pay the minimum fine of (say) $500 plus an additional $2,000 for the extra
8 points. While many courts may not use this scale, CrimeFighters can use
it to calculate the award amount in their personal damage lawsuits.

In addition, fines should be set according to the person's income. Fines
for a young teenager could be scaled at minimum-wage incomes. A corporate
president or a professional person should pay proportionately larger fines.
Germany and Sweden assess "day fines" of so many "units" for each offense.
The monetary value placed on each unit is rated at the person's daily pay
scale or ability to pay as well as suitably punish.

A $150 fine for someone earning $150 a week might be suitable punishment.
For someone earning $1,000 a week or more, $150 is just a nuisance fine. It
doesn't have the same deterrent value.  By calculating the $ unit at the
person's weekly pay scale, anyone making $1,000 a week would have to pay
$1,000, which is proportionate to income.

Combining these two factors, a CrimeFighter can calculate a suitable amount
to be asked for in his personal damage lawsuit, plus an amount of (say)
$250 as his costs for time in gathering evidence and related expenses.

The formula = (the person's weekly income) X (BAC X 10) + $250

A person with a weekly income of $250, and with a BAC of .10 would be
assessed ($250) X (.10 X 10) or $250, + your costs of $250 = $500.

A person making $1,000 a week with a BAC of .18 would pay ($1,000) X (.18 X
10) or $1,800, + your costs of $250 = $2,050.

The award (or fine) is relative to income as well as the BAC reading.

Anyone with a BAC of .20 or more, who is criminally impaired should be
placed in the same category as a felony assault with a deadly weapon, and
their vehicles should be forfeited as well as their license revoked for a
year or more. A CrimeFighters' lawsuit could claim criminal negligence and
up the ante accordingly -- to $2,500 or more, depending on the individual.

Each drunk driver you report and is convicted can be sued via a personal
damage lawsuit for an amount based on the above CrimeFighter formula. At
busy and boisterous bars and taverns, you should be able to catch one drunk
driver per shift, or about five per week. At an average of just $500 each,
you can make about $130,000 per year, plus bonuses -- if you work at it.

              Lawsuit Amounts from Bars and Connected Parties

A "fair" award from bars (and connected parties when applicable) might be
the same amount that was used against each drunk driver according to the
above CrimeFighter formula. In this case, it's appropriate to levy a fine
according to the BAC reading. If a bar serves someone just slightly over
the limit, the fine is just $500. But if the bar serves a person already
stinking drunk, they should be fined accordingly -- or according to the
driver's BAC reading. On the average, fines may be more than $500 each, but
for easy calculation let's say about $500 per drunk who was served the
last "over the limit" drink in the bar.

Sue the various bars (and connected parties when applicable) in individual
lawsuits for a personal damage award of $500 for each drunk driver. Each
bar will be liable for only a few thousand dollars and will want to settle
out of court rather than face the burden of a hard-to-win-lawsuit. If you
have convictions of drunk drivers, and possibly a few statements from drunk
drivers of illegal activity against the bars, they have no valid defense.
If they don't want to settle out of court, you can apply for summary
judgment to avoid a costly and lengthy trial.

If you snare (say) 5 drunk drivers per week, at $500 each, on the average,
you will make about $130,000 per year. If you sue the bars as well for the
same amount, add another $130,000 from bar owners and connected parties
for a total of about $260,000 per year!

                         Other Things to Look For

                           Alcohol-Related Laws

Most States have an "Open Container" law making it illegal to drink
alcoholic beverages in a moving vehicle. Having an open container of an
alcoholic beverage within reach of a driver or passengers indicates a high
probability of drinking while driving. Proof that drinks were taken from
the container while driving is not required.  The open container is all
that's needed. Violators are automatically fined as DUI drivers.

If your State has such a law, it provides another business opportunity:
staking out liquor stores to observe patrons who load the booze in their
vehicle, open a can or bottle, have a few swigs, then drive away to finish
it off -- with an open container.

                              Dram Shop Laws

All businesses that serve alcohol are required by the terms of their liquor
license to maintain a safe and orderly place for their customers.

Such places should not knowingly and willfully: serve minors; serve drinks
to intoxicated patrons directly or indirectly (serving drinks to friends
who, the bartender knows, will pass it on to a drunk person); allow
prostitutes or drug pushers or anyone with a gun to be on their premises;
allow fights or brawls; or otherwise run a disorderly and potentially
dangerous place of business. In any of the above situations (or violations)
a licensee is required to call the police as soon as possible to remedy the
situation. When they don't, they could be in violation of State liquor
laws, which assesses any of the above violations as a class 1 (serious)
misdemeanor. (In Arizona, a fine of up to $20,000 is levied for class 1.)

                         Co-defendants in Lawsuits

Some state liquor laws have a provision that say, in words to the effect,
that licensees can be held equally financially responsible when a person
who has been served drinks in their place of business, is involved in an
accident, charged with DUI, or sued by an injured party.

If a lawsuit by a Crimefighter is deemed to be in the latter category,
(an injured party) it might be the bar or tavern can be legally required
to pay the drunk driver's lawsuit award.

Check it out.  If a driver has very little in assets, and lawsuit payment
will be difficult to collect from the driver alone, make the bar or tavern
a co-defendant and make them jointly liable for the payment.

By the way, DUI includes driving under the influence of drugs. Keep that
in mind if you know any addicts who drive. Their open containers of dope
is all the evidence police need for an arrest, conviction, and possible
forfeiture of the vehicle if the driver is also a drug dealer.

                           Blood Alcohol Content

A person is legally drunk when the blood/alcohol ratio exceeds the legal
content, which varies slightly in various States. Drivers can be impaired
when their blood alcohol shows a reading of .05 (50 milligrams per 100
milliliters of blood. When their ratio reaches .08 they're "too drunk to
drive." Anything over that is usually illegal. As you can imagine, a large
person, say 200 pounds in weight, can drink twice as much as a 100-pound
person and still have the same blood-alcohol ratio.  With that in mind we
can come up with a fairly accurate rule of thumb.

Examples with a person's weight, number of drinks, and approximate blood
alcohol content:

100 pounds = 2 drinks = .087
150 pounds = 3 drinks = .087 to .103
200 pounds = 4 drinks = .087 to .108
250 pounds = 5 drinks = .087 to .097

Generally, small people get drunk after 2 or 3 drinks. Medium-sized people
get drunk after 3 or 4 drinks, and big people get drunk after 4 or 5 drinks
-- depending on the time between drinks.

If you control your drinking to about one per hour, you will seldom be over
the limit. But, it also depends on body weight and physical activity.

                       Unlimited Earnings Potential?

How many drunk drivers are in your area?  "Driving The Drunk Off the Road,"
a book by Sandy Golden published by Acropolis Books, Ltd., presents these
and other statistics on drunk drivers.

"The National Highway Traffic Safety Administration (NHTSA) report reveals
that, where enforcement is lax, 2,000 intoxicated drivers escape detection
for every driver arrested. When enforcement is vigorous, it drops to about
500 who escape detection for each one caught. The average DWI violator may
drive in an intoxicated condition for nearly four years before being
arrested. The odds against being caught is so slight, it encourages drunk
drivers to ignore DWI laws."  Unquote.

Why don't Police stake out bars like the DDT Patrol?  First, it would take
officers off other, more serious assignments. And, it would be politically
unacceptable from a public-relations viewpoint for police to hound, harry
and harrass inebriated patrons of licensed businesses.

But that doesn't mean it can't or shouldn't be done by CrimeFighters!

              Happy hunting (and don't get drunk on the job!)

                            F9 for next Chapter