Transport of prisoner

[bjvbrian]

Commonwealth of Pennsylvania; York County

After being stopped for DUI I was transported by the officer to a hosital for blood alcohol test. My hands were handcuffed in the back, and I was placed in the back seat. The officer DID NOT secure me with the seat belt. In transit the officer was speeding (54 mph in a 35 mph zone). This was after dark, and when he saw me looking at the speedometer he turned the instrument cluster lights off, including the digital speedometer.

My questions are: In as much as the officer did not fasten me in with the seat belt, and was also speeding, is this illegally transporting a prisoner? Isn't the officer obligated to provide for the safety of his prisoner? Could I get the DUI thrown out for this?

Any help would be greatly appreciated. Thanks

 

[Boxcarbill]

No. No, whether the officer was speeding and whether an adult in the back seat of a vehicle is buckled up is irrelevant to whether you were driving under the influence.

 

[hexeliebe]

Maybe you were mistaken and this occurred on the way back from the mother ship....

 

[bjvbrian]

Thanks

Thanks for the reply. I guess my point is...... I found statutes in other states (no listings for PA) the specifically state prisoners must be buckled in. I'm assuming if there is such a law in PA that the officer broke the law while conducting the arrest, thereby making it an illegal arrest. Maybe I watch too much TV, but this seemed like a loophole.

 

[tigger22472]

I don't mean to sound mean here however, the bigger question is were you guilty of the DUI? This is a very serious charge. Instead of trying to weasel out of the charge.. take responsibility and be grateful that the officer took you off the road before you were sitting behind bars for vehicular(sp) manslaughter.

 

[JETX]

Re: Thanks

Thanks for the reply. I guess my point is...... I found statutes in other states (no listings for PA) the specifically state prisoners must be buckled in. I'm assuming if there is such a law in PA that the officer broke the law while conducting the arrest, thereby making it an illegal arrest. Maybe I watch too much TV, but this seemed like a loophole.

1) What you very likely found is departmental policies, not statutes. (I know of no statute directing that prisoners be buckled in).
2) If there were such a statute, the officer would be subject to being issued a ticket.
3) The officers actions as you describe them have no affect on your criminal actions.
4) Yep, too much television. And obvoiusly not even any of the good shows!!