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Did Volusia County Manager Jim Dinneen receive special treatment regarding the incident of his car being stolen?

Should he have been ticketed for leaving his keys in his car?


Updated
March 29, 2012
"Beware the fury of a patient man"- Poet, John Dryden



This month (March 2012), Volusia County Manager, Jim Dinneen had his county issued car stolen, right in front of him.

Apparently, Mr. Dinneen left the keys in the car, and the car thief jumped into the car and just took off.

For the particulars, we invite you to review the below media accounts of what apparently transpired.

Orlando Sentinel article on car theft

DBNJ article on car theft

NSBNEWS article on car theft

VIDEO ARTICLE
OPERATION - TAKE YOUR KEYS

Mr. Dinneen's car was stolen in South Daytona. Ironically, in late 2010, the South Daytona police department ran a sting operation called "Operation Take Your Keys".

In this operation, several motorists who were observed leaving their cars un-attended, with their keys in the ignition, were targeted by under cover police officers. These motorists were issued citations that carried a $116.00 fine. (reference the attached - FoxNews video article)

So the obvious question is, why wasn't Mr. Dinneen ticketed for leaving his keys in his ignition?

According to Florida Statutes 316.1975, it is unlawful to leave an vehicle un-attended with out first, stopping the engine (which apparently Mr. Dinneen did), locking the ignition and removing the key (media article supports that keys were in the ignition).

VolusiaExposed.Com interviewed South Daytona Police Chief William Hall. Chief Hall readily admitted that Mr. Dinneen was NOT issued a citation for failing to remove his keys from his ignition. When we questioned Chief Hall to explain the difference in the five average citizens receiving $116.00 citation during Operation Take Your Keys, and the Dinneen incident, Chief Hall provided the following rationales:


1. Simple officer discretion.
(remember, no cars were stolen during Operation Take Your Keys - however in the Dinneen situation - expensive police resources were deployed to recover the vehicle)

2. Mr. Dinneen's engine was off.
(remember, the statute requires the engine to be off, the ignition lock engaged and the keys removed)

3. The Dinneen incident transpired on private property.
(the Operation Take Your Keys incidents transpired at a local gas station - is not the gas station also private property?)

FLORIDA STATUTES 316.1975

316.1975 Unattended motor vehicle (1) A person driving or in charge of any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key. A vehicle may not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the street. A violation of this section is a non-criminal traffic infraction, punishable as a non-moving violation as provided in chapter 318. (2) This section does not apply to the operator of: (a) An authorized emergency vehicle while in the performance of official duties and the vehicle is equipped with an activated anti-theft device that prohibits the vehicle from being driven; (b) A licensed delivery truck or other delivery vehicle while making deliveries; or (c) A solid waste or recovered materials collection vehicle while collecting such items.


POLICE DISCRETION

Apparently, the City of South Daytona has exercised additional "discretion" when it comes to traffic violations on the sir name of "Dinneen".

Notice that in 2010, a Robert Allan Dinneen was issued a traffic citation for a moving violation. The ticket was eventually dismissed. That is usually the disposition of a traffic case, when the police employ the discretion, of not appearing at the traffic hearing.

Clerk of the Court record on Robert A. Dinneen's traffic citiation.

Volusia County's Clerk of the Court's website

DINNEEN CAR THEFT DOCUMENTS / PUBLIC RECORDS

Records obtained from Volusia County

So, apparently, in regards to the "Dinneen incident" - "Discretion" is the magical word that turns an "oh no" into a learning experience. We even suspect, that Mr. Dinneen will even enjoy further acts of discretion regarding this car theft. We feel confident that the County Council will employ discretion, in their application of corrective action, if any is taken.

Sadly through, Mr. Dinneen, himself, does not know how to use judgement or discretion. Such failures can be clearly seen in his refusal to grant some discretion to several county paramedics fired for violation of the county's tobacco policy.

Volusia County paramedics fired over tobacco usage

Finally, if recent events are used as the indicator, Volusia County citizens better get extremely accustomed, to "discretion" being employed, in a very discrete way, in the protection of the rich, powerful and famous, from the consequences of their unlawful behaviors.

With that in mind - we invite you to review some local media articles regarding the Flagler County Sheriff department's scandal surrounding the hit and run death of Francoise Pecqueur. Police discretion - is it the new code phrase for police corruption?

DBNJ Special Report - Francoise Pecqueur Scandal / Flagler SO