Court Observation Report - Essay Example

The witness called the police reporting the incident. Police Dispatch alerted to patrolling cars around the area to the incident. The responding police officers noticed the defendant driving recklessly and notified him of their presence. They instructed the defendant to step out of the vehicle and the defendant accelerated. He attempted to get away but was soon apprehended. The arresting police officer did not instruct the defendant to take part in any legal field sobriety test. The defendant was reluctant to use the Alco-blow device as they were not sure how recently it had been cleaned or where it had last been.

The defendant faces two charges; According to Washington State DUI laws, any individual receiving a driver’s license within the state has implied consent to chemical test in the event they are arrested under the suspicion of driving under the influence. The defendant blatantly ignored requests from the arresting officer to use the alcohol Breathalyzer. The client is clearly in violation of RCW 46.20.308. The police engaged in an active pursuit with the defendant after they had spotted him. The police engage pursuit without clearly determining whether the defendant was indeed driving in a wreck less or negligent manner.

For this reason, the client was never charged for reckless and negligent driving as required under RCW 46.61.500. The defendant is clearly in violation of by attempting to elude the police when they had given a clear signal of their presence and their intention. The defendant did not heed to request made by the arresting police officer to stop, and instead instigated a car chase with the arresting officers. Under provisions of sections RCW 46.61.502 and RCW 46.61.504, the defendant was subjected to a chemical and breath test.

The defendant’s alcohol levels were found to be 0.08. The defendant was never under the influence of alcohol. In conclusion, the responding or