HomeMy WebLinkAboutAgenda Report - July 20, 1983 (50)t
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CITY COUNCIL M88TM':
JJLY ZO, 1983 'B
CLAIMS On recamendation of the City Attorney and R. L. Kautz and
CaT. -iy, Council, on motion of Mayor Pro Tenpore Snider,
Pinkerton second, denied the following claims and referred
them back to R. L. Kautz and Conpany:
Roberta Miles DOL 3/10/83
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RE: Roberta Miles vs. City of Lobi
Date of Loss: 3/10/63
Gear Ron:
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REGEIVE®
ALV,
CfTY 0.
July 6, 1983
I have now had the opportunity to review the police report
and speak with the arresting officer in reference to the
arrest of Roberta Miles on 3/10/83. based upon the informa-
tion gathered, we do feel Officer He9wer had probable cause
to stop the claimant and subsequently arrest her.
FACTS
On- above date, Officer H egwer observed the claimant run
a ied light at the intersection of School and Pine Streets.
When Officer ilogwer stopped the claimant to issue a cita—
tion, he detected an odor of alcohol on her breath and
decided to have her perforce a field sobriety test. Five
item's were requested to be performed, all five she failed to
pass to'.the officer's satisfaction. Thereafter, a.decsion
waa made to arrest the claimant for violation 'of Section'
2152 of the California Vehicle Code',' Driving tinder the
tnf 1pence.
Upon arrival at the Lodi Police Department, the claimant
opted to provide a urine sample for analysis of her blood
alcohol level and the results came back showing a 0001
alcohol level.
The claimant, through her attorney, Dean Cooper, alleges
ih the claim filed against the City that MsMiles ' vas
Mrotigfully stopped and falsely arrested by Officer- Hegwer
DA 4AGES
The claimant alleges she sustained damage
and has sustained and continues to sustain
nervous system.
to her reputation
an injury to her
RK
R. L. K A U TZ & CO.
INSURANCE MANAGEMENT
NO. $UNION SQUARE BLVD. 0(413) 497.4940
UNION CITY. CALIFORNIA 94597
Mr. Ron Stein
RE: Roberta .4iles vs. City of Lodi
July b, 1983
Page 2
The claimant seeks both general and punitive damages against
the City of Lodi and Uflicer hegwer.
hie view this as u dountful case of liability against the
City of Lodi and Officer Hegwer.
I spoke with Officer degwer on July 1, 1983 and he advised
we that the claimant was convicted of running a red light at
the intersection of School and Fine Streets.
Although the claimant's blood alcohol level was only U.U1
percent and therefore far below the previously presumed
state of intoxication of .10, the urine analysis did confirm
the claimant did nave alcohol in her systelu and therefor*
presumably the odor of alcohol on hoc breath.
Although 1 am not a toxicologist or neurologist, we feel
frox+ experience teat it has been established that alcohol
hes a different effect on a person's neurological system as
well as his breath. The claimant in this situation is sixty
years old and quite possibly the age of theclaimant and the
amount of alcohol consumed may have had a significant impact
on her abilities to perform the field sobriety test.
Therefore, the claimant's allegation she was wrongfully
stopped tree been provei, to t,e in error since she was
convicted of this infraction.
We feel Officer degwer acted reasonably and with probable
cause in arresting the claimant for driving under the
influence and therefore conclude he was acting Well within
the bounds of his authority and thirteen -plus years of
experience as a law enforcement. officer.
I
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Re Lo KAUTZ & CO.
INSURANCE MANAGEMENT
NO.6 UNION SQUARE BLVD. • (415) 467.4940
UNION CITY, CALIFORNIA 94567
Mr. Ron Stein
RE. Roberta Miles vs. City of Lodi
F? E:COFti1'Ii:NUA i I ON5
W
July 6, 1983
Page 3
We would therefore recommend to your City Council that the
claim by Roberta Miles be denied at this time.
Very truly yours,
Bill Benson
Liability Claims Supervisor
Bs/wd
ccs ids. Alice keimche