CITY OF FORT PIERCE POLICE DEPARTMENT - FLA-PAC
CITY OF FORT PIERCE POLICE DEPARTMENT
Policy and Procedure
Subject:
Enforcement Policies & Traffic Law Violations
Effective Date:
August 23, 1991
Number:
61.110
Revised:
August 6, 2010
CFA Accreditation Standards:
2.04, 22.01, 22.03, 22.04, 22.05, 22.06,
34.08
Review Responsibility:
Commander, Neighborhood
Policing Bureau
Commander, Administrative
Services Bureau
Review Date:
August, 2013
Authorized by: ______________________________
Chief of Police R. Sean Baldwin
Contents:
General Guidelines for Enforcing Traffic Laws
Stopping and Approaching Traffic Law Violators
Voiding/Dismissing Uniform Traffic Citations and Parking Tickets
Loss or Theft of Traffic Citations
Suspended, Revoked or Cancelled Drivers License
Bicycle and Pedestrian Traffic Enforcement
Newly Enacted Laws and/or Regulations
A.
Purpose:
To establish procedures governing physical arrest and traffic law enforcement activities to include general and specialized enforcement, citation procedure, traffic stops and arrest procedure.
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B.
Policy:
The objectives of traffic law enforcement are to reduce traffic accidents, injuries, and to facilitate the safe and expeditious flow of vehicular and pedestrian traffic through voluntary compliance with traffic regulations. The Fort Pierce Police Department seeks to achieve these objectives through a combination of education and enforcement. Enforcement action as related to traffic law enforcement can result in physical arrest, citations or warnings. Enforcement action should seek to detect, apprehend and deter traffic law violations. Traffic law enforcement should attempt to bring about voluntary compliance by the public of all traffic laws.
Procedures:
C.
General Guidelines for Enforcing Traffic Laws:
1.
The primary purpose of encounters with traffic law violators is to improve the violator’s future driving habits.
2.
The department’s efforts will be directed toward assigning officers to those areas where there is the highest number of crashes occur in an effort to reduce that number.
3.
Traffic enforcement will be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities.
4.
Traffic enforcement will be conducted according to the following procedures as outlined by in the model policy published by the Florida Police Chiefs’ Association.
D.
Stopping and Approaching Traffic Law Violators:
1.
Motorists and pedestrians shall only be subjected to stops, seizures or detention upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction. Each time a motorist is stopped, the officer shall radio to the dispatcher the location of the stop and the description of the person or vehicle being detained. This information shall be logged.
2.
The department recognizes that with experience, individual officers may develop individualized approaches that they find work best for them in minimizing conflict during officer/violator contacts. Given better approaches, the following is recommended, in the order specified below. a.
When conducting traffic stops, officers shall:
1) Utilize techniques that will result in a traffic stop that is effective and safe for both officer and motorist.
2) Prior to stopping a violator, the officer should have all necessary forms and equipment needed to conduct a safe and effective traffic stop. If an officer does not have all necessary equipment and they see a violation that needs immediate attention or exigent circumstances exist, they may conduct the traffic stop and request the items they are lacking be brought to them.
3) Prior to initiating the traffic stop, notify the dispatcher of the vehicle tag number, description of vehicle being stopped, and location of the stop.
4) Choose the safest possible location for the stop considering traffic volume, lighting in the area, availability of back-up officers and any potential hazards that may exist.
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5) Utilize all emergency lights and other available lighting equipment useful in attracting the violator’s attention to accomplish the stop [CFA 22.04 a, c]. Care should be taken that lighting equipment does not pose a hazard to other traffic during darkness. For safety, the use of spotlights [CFA 22.04 d], overhead “take down” lights and high beam headlights are recommended only after the vehicle has stopped [CFA 22.04 c].
6) Utilize available audible warning devices (horn or siren), if lighting equipment fails to gain the violator’s attention, but only to the extent necessary to attract the violator’s attention and to initiate the vehicle stop [CFA 22.04 b].
7) Whenever possible, stop the violator at the right hand road edge or otherwise out of the flow of other traffic.
8)
Either approach the violator’s vehicle or call the violator to the officer’s vehicle.
9) Present yourself in a courteous manner and with a professional appearance to minimize any conflict with the violator and facilitate a professional process.
10) Conduct conversations in a calm, emotionally stable manner, using language and bearing that is polite.
11)
Give a greeting (e.g., “Good morning, ma’am.” “Good evening, sir.”).
12) Identify yourself (e.g., I am Officer Smith of the Fort Pierce Police Department.”).
13) State the reason for the stop or detention (e.g., “I stopped you because I saw your vehicle come through the stop sign at that last intersection without coming to a complete stop.”) Describing the actions of the vehicle rather than personalizing the action to the driver tends to reduce tension.
14) It may defuse tension to ask a motorist if there was a reason for the violation. This gives the motorist the opportunity to offer their explanation which often leads to an admission that the violator realized they were in violation, and precludes a defendant from offering a different excuse at trial. If you choose not to ask but the motorist wishes to give a reason or excuse, listen politely and give them ample opportunity to explain.
15)
Politely ask for identification and any required documents (e.g., “May I please see your license, registration and proof of insurance?”).
16) After completing any necessary paperwork, inform the driver or pedestrian as to what action is being taken and what, if any, the person must do as a result (e.g., how to pay any fine involved, obtain a traffic court hearing, etc.).
17) Issue a Uniform Traffic Citation, if necessary. The citation shall be properly completed in the manner prescribed by the Division of Highway Safety and Motor Vehicles.
18) During the encounter with the violator, check for signs of impairment, alcohol or drug abuse, mental distress or other conditions which would pose further hazards to the public if the person was allowed to continue operation of the vehicle. If you believe such conditions exist, the person shall not be permitted to resume operation the vehicle.
19) If the violator is not arrested, reasonable arrangements should be made for the safe delivery of the violator to his destination and for the safety and security of the violator’s vehicle. Officers must inform the owner of the vehicle where it is being left, and that
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Date: 08/06/10 Page 4 61.110 the Fort Pierce Police Department will not be responsible for any occurrences to the vehicle once officers have left the scene. Officers are discouraged from leaving any person’s vehicle unattended in any instances where damage or liability may come to the department. Officers may not leave a vehicle unattended in such circumstances when the registered owner of the vehicle cannot be contacted.
20)
If, at any time, the violator’s demeanor, words, deeds or actions suggest a safety hazard to the officer, the officer should notify the dispatcher and request a back-up officer respond to the scene.
21) Upon closing, the officer shall inform the driver of the proper procedure to handle an issued citation: a) Pay at the courthouse b) Contest in court c) Attend a Driver Improvement class
22) Upon completing enforcement action, officers should when possible assist the violator in re-entering traffic safely before advising the dispatcher they are back in service.
3.
Appropriate enforcement action should always be completed, generally in the form of a warning, citation or arrest. The proper form must be completed by the officer, and shall include the gender, race or ethnicity of the person stopped, if this information can be reasonably ascertained by physical appearance or from the driver’s license or other documents provided by the individual.
4.
No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity, and no person or vehicle shall be searched in the absence of a warrant, a legally-recognized exception to the warrant requirement, or the person’s voluntary consent.
5.
If the police vehicle is equipped with a video incident capture system, the video and sound will be activated according to Policy #61.115 Video Incident Capture System.
E.
Physical Arrests [CFA 22.03 i]:
Officers should physically arrest persons:
1.
Suspected of driving under the influence of alcohol or drugs.
2.
Committing serious criminal traffic misdemeanors and traffic felonies: a.
Fleeing/attempting to elude b.
Reckless driving c.
Leaving the scene of an accident with injuries
3.
When the officer has reason to believe the continued liberty of the violator constitutes an unreasonable risk of injury to the accused or others.
4.
When the accused fails to, or refuses to, sufficiently identify himself, or supply the required information for completion of the traffic citation.
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5.
If the person refuses to sign the traffic citation. Officers should inform the person receiving the citation that their refusal to accept the summons will result in their arrest. If the person still refuses to sign/accept the summons, the arrest should then be made.
6.
If the officer has probable cause to believe the accused may be a fugitive from justice.
7.
If it appears the accused has previously failed to respond to a citation or a summons, or has violated the conditions of any pretrial release program.
8.
Including juveniles who have committed an offense(s) in which they may receive a summons to appear in court for a traffic violation. They may be issued a criminal traffic citation in lieu of being arrested if the criterion as listed above has been met. Juvenile offenders will receive the same traffic citation(s) as an adult offender.
9.
Charged with felony traffic offenses. They shall be arrested and booked into the County Jail.
Juveniles shall be arrested and referred to the Juvenile Court in accordance with standard procedures. a.
When an adult is arrested for a felony traffic offense, an arrest affidavit and Offense Report will be completed in addition to the Uniform Traffic Citation. The original citation will be placed into the transmittal box at the main station. b.
When a juvenile is arrested for a felony traffic offense, a juvenile referral shall be completed in addition to the Uniform Traffic Citation. The two (2) copies of the traffic citation shall be placed into the transmittal box at the main station.
F.
Citations:
1.
Issuing a Citation [CFA 22.03 j]: a.
Traffic citations shall be issued on the basis of probable cause that satisfies the elements of the specific violation being charged. b.
All subjects charged with a misdemeanor traffic offense, except as stated above, may be released at the scene upon the signing of the traffic citation. c.
Officers will complete the citation, utilizing the Advanced Public Safety citation writing software. d.
When issuing a citation, officers shall utilize the Advanced Public Safety citation writing software. DHSMV paper citations will only be used by the Criminal Investigation Division and the Crime Suppression Unit. Patrol Officers may issue DHSMV hard copies only in the event of system failure or when safety considerations preclude the issuance of computer generated citations. These circumstances should be rare. e.
When issuing a traffic citation, officers shall give the violator a printed copy of the citation that contains driver instructions. When persons are issued citations for violations that do not require a court appearance the officer shall direct the violator to the back side of the citation which will give the violator written instructions explaining options to settle the ticket, which include:
1) Paying the fine.
2) Requesting driver improvement school.
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3) Requesting a court hearing.
Page 6 61.110 f.
When issuing a traffic citation that does require a court appearance, the officer shall fill in the Court Information part of the citation.
1) Date
2) Time
3) Court (Judge)
4) Location g.
The officer may affix a fine schedule on the back of the defendant’s copy indicating what the fine will be for the traffic violation. If the officer is not clear as to fines, points, etc., they will have the defendant contact the Clerk of the Court as indicated on the defendant’s copy of the citation. h.
Legislative Reporting:
Pursuant to F.S.S. 316.614(9) , officers must also follow legislative reporting requirements for bias-based profiling using the Department of Highway Safety and Motor Vehicles
(DHSMV) Safety Belt Violation Data Collection Form. Under this mandated reporting, officers who have issued a safety belt violation citation must record the race and ethnicity of the violator cited.
1) Race of the violator as depicted by DHSMV is based on observed physical characteristics and estimates should be based on apparent ancestry. Definitions specified by DHSMV are as follows: a) White- Primarily descended from native peoples of Europe, the Middle East, and
North Africa. b) Black- Primarily descended from native peoples of Africa south of the Sahara. c) American Indian or Alaskan- Primarily descended from native peoples of North and South America. d) Asian- Primarily descended from native peoples of the Far East, Asian portions of
Russia, and the Indian sub-continent. e) Unknown
2) Ethnicity of violators should be an estimate made by the officer based upon physical characteristics, language, and/or name, of a person’s cultural affiliation with countries in Central or South America or the Caribbean Islands. a) Hispanic or Latino b) Non-Hispanic or Latino
3) Officers should NOT ask violators which of the above criteria they fall under. Officers should make an educated determination utilizing the information provided above by
DHSMV.
4) Based upon the criteria outlined by the DHSMV, officers will make their determinations of which categories the violator(s) fall under and on the copy of their
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Date: 08/06/10 Page 7 61.110 citation make notation of race and ethnicity in the upper right hand corner of the agency copy ONLY. Utilizing the defined parameters above, officers will put the race then a hyphen, and the ethnicity (i.e., American Indian Non Hispanic will be listed in the upper right hand corner as AI-NH, or a Black Hispanic will be listed as B-H).
5) For electronic citations, officers will continue to print out the hard copy signature page, but will only put this information on a photocopy of the original signature page. This photocopy shall accompany the original signature page into designated citation boxes.
6) This information will NOT be placed on any copies of citations other than departmental recording copies.
7) Records will then gather this data, and report totals monthly on the specified data collection sheet provided by DHSMV. The Records Supervisor or designee will complete this report.
2.
Processing of Citation(s): a.
After an officer issues a citation, the original signed copy and a photo copy should be submitted to records for processing. Refer to section E for criminal citation processing. b.
Records will maintain control of the citations after they have been issued. The copies of citation distribution flow:
1) Original signed copy – Court
2) Copy two – DHSMV
3) Copy three – Defendant c.
Records will be responsible for distribution to the proper authority.
3.
Supply and Maintenance: a.
Traffic citations received from the State of Florida will be maintained in a locked cabinet in the duty station [CFA 34.08 b]. Distribution of citation booklets will be made by the Duty
Officers. b.
When individual ticket books are issued to officers, they shall sign a receipt. The issuing person, Duty Officer or supervisor will log the citation book into the logbook along with the corresponding citation numbers [CFA 34.08 a]. c.
The Records Supervisor, who is responsible for inventory control of citations, will maintain the receipt completed from the front of the citation booklet. d.
The Records Supervisor is responsible for preparation of documentation for periodic state audits [CFA 34.08 f]. e.
The Records Supervisor is also responsible for conducting and documenting an annual internal audit of traffic citation books to evaluate the procedures involved with receiving, distributing, maintaining custody and control, transmittal processes, voiding, tracking and destruction of traffic citations. f.
Citation numbers for the Advanced Public Safety citation writing software are issued by the
State of Florida Department of Highway Safety and Motor Vehicles. These numbers will be maintained by the Information Systems Administrators. A block of twenty-five citation
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G.
Traffic Citations:
1.
Tickets issued from the Electronic Traffic Citation Ticket Writer System: a.
The issuing officer shall print three copies of the citation.
1) One copy is for the officer.
2) A second copy is given to the defendant.
3) A third copy is signed by the defendant and shall be listed numerically on the Citation
Transmittal Form and placed in the citation box located in the report room. b.
The issuing officer shall make a copy of the signed citation for records and submit it with the original.
2.
In the event that a written traffic citation is issued by an officer: a.
The yellow copy is given to the defendant. b.
Citation numbers shall be logged on the Citation Transmittal Form. c.
The remaining white and blue copies are to be placed in designated citation boxes.
1) If an arrest was made on the citation that was issued, the white copy shall be left at the jail along with the white copy of any other additional citations written. These copies shall be left with the arrest affidavit.
2) The blue copy shall be placed in the designated citation box and logged on the transmittal form. d.
Citations are to be listed numerically on the Citation Transmittal Form. e.
White and blue copies of citations, along with the transmittal forms, are collected daily by the duty officer, and checked to ensure each citation logged on the transmittal form is attached. f.
Transmittal forms and white copies of citations are forwarded to the County Clerk’s Office. g.
The County Clerk checks through to ensure all information is correct, then signs the transmittal form. The County Clerk also notifies the Florida Department of Highway Safety and Motor Vehicles of the issuance of a citation. h.
A copy of the transmittal form and blue copies of citations are retained in the Records
Division. i.
Pink copies of citations are kept by the issuing officer for his records.
H.
Voiding/Dismissing Uniform Traffic Citations and Parking Tickets [CFA 34.08 e]:
1.
An employee issuing a uniform traffic citation or parking ticket may void the citation or ticket prior to it being issued to the offender: a.
Uniform traffic citations may only be voided in this manner by the issuing officer or
Community Service Aide.
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Citations and tickets may only be voided in this manner when the issuing employee discovers that an error has been made on the form, the form is defective or incorrect, or if the initial decision to issue a citation has changed. c.
A uniform traffic citation is issued when it is signed by the offender. A parking ticket is issued when it is attached to the vehicle or otherwise placed in the custody of the offender. d.
Upon voiding a citation, this issuing employee will mark the citation or ticket with “void” and sign it with the officer’s name, identification number, and date. The issuing officer shall then attach the citation or parking ticket to a Void/Dismissal Form, which will be completed, signed by the issuing employee’s supervisor, and then routed through the transmittal process to the Records Division for retention.
2.
After a uniform parking ticket or citation has been issued, it must be dismissed in the following manner: a.
Uniform traffic citations and parking tickets shall only be dismissed due to an error in issuing or other circumstances that would prohibit successful prosecution and not for personal favor. b.
Every request for dismissal must be approved by a bureau commander after inquiry into the circumstances requiring the dismissal. c.
All requests for dismissal shall be submitted and documented on a Void/Dismissal Form which shall be processed in the following manner:
1) When any supervisor or employee believes that a citation or parking ticket has been issued in error or there are other circumstances that prohibit successful prosecution of the violation, the Void/Dismissal Form will be completed and a copy of the citation or ticket attached.
2) The Void/Dismissal Form must provide the specific reason for the dismissal request.
3)
The form will be routed through the employee’s chain of command to the bureau commander for determination, which will be made as provided herein. All request forms, whether approved or denied, will be forwarded to the Records Division for action and retention. a) When a dismissal is approved for a citation or ticket that has not been transmitted to the courts for action, the dismissal will take place in-house with all records retained by the Records Division. b) When a dismissal is approved for a citation or ticket that has been transmitted to the courts for action, the Records Division shall maintain a copy of the request and transmit the original to the court for action.
4) The Records Division supervisor shall be responsible for ensuring that all requests for dismissal submitted to the courts are accomplished.
3.
All void and dismissal records as acquired herein shall be maintained by the Records Division in accordance with public records retention requirements.
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I.
Loss or Theft of Traffic Citations [CFA 34.08 d]:
Page 10 61.110
1.
In the event a citation or citation book is lost or stolen, the officer to whom it was issued shall immediately notify his supervisor and submit an after action report via chain of command to the
Commanding Officer. a.
Upon review and acceptance of the required report by the Commanding Officer, a copy will be forwarded to the Records Supervisor and the Office of Professional Standards so they may adjust their records accordingly for auditing purposes. b.
A list of the citation numbers shall also be forwarded to the Clerk of Courts so they may be aware of the status of the missing/stolen citations in the event one of these citations is forwarded to their office.
J.
Written or Verbal Warnings [CFA 2.04] [CFA 22.03 k]:
1.
An officer may elect to issue a written or verbal warning for a non-criminal infraction.
2.
A copy of a written warning shall be given to the violator and the copy shall be forwarded to records for tabulation.
K.
Traffic Violators:
1.
Traffic Offenses by Non-Residents:
The Uniform Vehicle Code has been adopted by a majority of the states. Non-resident drivers are rarely confronted with unfamiliar traffic regulations. Therefore, residency should not be an enforcement consideration [CFA 22.01 a].
2.
Traffic Offenses by Juveniles:
All traffic infractions and misdemeanor traffic violations will be handled exclusively by the
County Court. The only traffic cases handled by the Juvenile Division of the Circuit Court are felony traffic violations. All non-criminal traffic infractions committed by juveniles will be processed in the same manner as adults [CFA 22.01 b].
3.
Traffic Offenses by Legislators:
Members of the Legislature and elected members of other governmental bodies should not be given special consideration and should be warned, cited or arrested as appropriate.
4.
Foreign Diplomats/Consular Officials [CFA 22.01 c]:
Diplomatic and Consular Officers should be accorded their respective privileges, rights and immunities as directed by international law and federal statutes. These officials should be treated with the courtesy and respect that befit their distinguished position. At the same time, it is a well-established principle of international law that, without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect law and regulations. Under prevailing international law and agreement, a foreign career Consular
Officer is not liable for arrest or detention pending trial except in cases of a felony offense that would endanger public safety. Refer to Policy 74.300 Arrest Procedures for addition information.
5.
Traffic Offenses by Military Personnel:
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Military personnel are required to obey all state and local laws pertaining to traffic enforcement.
Military personnel, committing non-criminal infractions, will be processed in the same manner as any citizen. Military personnel arrested for a Criminal Traffic Violation will be processed in the same manner as a non-resident traffic misdemeanant, except in lieu of posting a cash bond, the arresting officer may summon the person’s superior officer, or his designee, and then release the arrestee into the custody of the superior officer without bond. Military personnel arrested for a traffic offense, which constitutes a felony, will be booked and processed in the county jail.
The arresting officer will make contact with arrestee’s superior officer to advise him of the nature of the charge and location of arrestee.
L.
Suspended, Revoked or Cancelled Drivers License:
1.
There are increasing numbers of motorists with suspended or revoked driver’s licenses who continue to operate vehicles after being notified by the Department of Highway Safety and
Motor Vehicles that their driver’s license, tag and registration are suspended, revoked or cancelled.
2.
If, during the course of duty, an officer encounters a driver whose driving privileges have been suspended or revoked, the officer shall be guided by F.S.S. 322.34(5)(a) to ensure consistency and fairness in enforcement of the law [CFA 22.05].
3.
F.S.S. 322.34(5)(a) requires the officer to impound/immobilize vehicles under the following circumstances: a.
Before arresting a person for driving with a suspended or revoked driver’s license, the officer shall determine:
1)
Whether the person’s driver’s license is suspended or revoked.
2) Whether the person’s driver’s license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked drivers license.
3) Whether the suspension or revocation was based on no insurance or as a habitual traffic offender.
4) Whether the driver is the owner or co-owner of the vehicle. b.
If the FCIC responds in the affirmative to 1, 2, 3 and 4, then the officer shall impound the vehicle. c.
The agency or towing service that takes physical possession of the vehicle must notify the registered co-owner by certified mail within seven (7) business days of the vehicle being impounded. d.
Leased vehicle owners and lien holders shall be notified via telephone before 5:00 p.m. of the first business day following the seizure. e.
Vehicles will remain impounded, as required by the court, until the owner presents proof of insurance or proof of sale, and the new owner presents adequate proof of insurance to the arresting agency. f.
F.S.S. 324.201
requires the officer, if the driver is the owner or co-owner of the vehicle, to seize the license plate from the vehicle if they determine the driver’s license or vehicle registration has been under suspension for a violation of Chapter 324 for at least 30 days.
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M.
Parking Enforcement:
Date: 08/06/10 Page 12 61.110
All officers are responsible for parking enforcement. The purpose of this enforcement is to end the violation and may be accomplished by a warning, ticket and/or towing. During peak traffic hours, or in those areas of high volumes of traffic, consideration shall be given to expeditiously resolving parking violations to avoid traffic hazards.
N.
Bicycle and Pedestrian Traffic Enforcement:
After reviewing and analyzing traffic accident and citation data, the Field Operations Commander or designee may assign selective enforcement projects to target bicycle and pedestrian violations if he deems the accident experience warrants them.
O.
Off Road Vehicles:
Officers shall enforce city ordinances and state laws relating to the use of off- road vehicles on public property other than roadways. Laws and ordinances regulating noise emitted from off-road vehicles shall also be enforced.
P.
Related Arrest Reports:
1.
Except when specifically given an exception by a supervisor, all required reports or forms relating to daily activities such as citations, incident reports and arrest reports, shall be completed and submitted by the end of the tour of duty during which such activities were performed.
Accident reports should be submitted at the end of the tour of duty.
2.
All reports concerning traffic arrests will be approved, submitted to Records and processed according to current records procedures.
Q.
Speed Enforcement [CFA 22.03 b]:
1.
Speed violations, as determined through the use of radar, pacing, or other means, shall be enforced through the use of citation, written, or verbal warning. In determining which method of enforcement is necessary, the officer should consider the seriousness of the violation
(comparing the violators speed to the posted speed limit), any hazardous conditions created by the violation, surrounding traffic, pedestrian, weather or road conditions. When the violator is determined to be in excess of the posted or statutory limit, the issuance of a traffic citation is recommended. This decision is ultimately up to the officer.
2.
The intent is not to hide the police vehicle nor entice traffic flows in areas that are not known for accidents or complaints for traffic problems, but are relatively easy access for enforcement.
R.
Speed Detection:
1.
Usage Guidelines: a.
All radar and laser units authorized for use within the State of Florida are provided by the
Department of Highway Safety and Motor Vehicles. b.
Officers are only authorized to operate radar equipment upon successful completion of (40) forty-hour Radar Operator Course certifying their status as radar operators by the Criminal
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Justice and Standards Training Commission. Laser certification may be attained with the addition of a sixteen-hour laser class. c.
A photocopy of all radar operators’ licenses will be kept by the Administrative Services
Sergeant.
2.
Operational Procedures for Radar:
Officers should follow operation and procedural guidelines set forth in radar operator school.
This training received for certification is in accordance with the Criminal Justice and Standards
Committee.
3.
Programmed Maintenance:
All radar units will be examined and calibrated on a semi-annual basis by licensed laboratory personnel (State of Florida requirement). Officers assigned a radar unit are required to have the radars calibrated at the time established by the department. If officer(s) fail to comply with this mandatory calibration, the radar may not be used until it has been calibrated. Officers failing to bring in their radar units for this calibration may be subject to disciplinary action.
4.
Maintenance and Calibration Records:
Each radar unit’s records will be maintained within a separate binder and stored in the
Administrative Services Sergeant’s office. Documentation of all repair service and calibration will be available for reference purposes.
5.
Radar Log Book:
Any certified Radar Operator, with supervisory approval, may be assigned a radar unit.
Assignment of these units and who they are assigned to will be maintained by the Patrol Support
Sergeant.
6.
Pace Detection: a.
Officers using speedometers to establish probable cause to issue speed violation citations must pace the violator for an adequate distance to insure an accurate reading prior to making a traffic stop. b.
Officers will have the speedometers of their assigned vehicles calibrated every six months and a copy of the calibration certificate will be maintained in the vehicle. The
Administrative Services Sergeant will also maintain a copy of the calibration. This certificate must be available for presentation in court. Officers certified to operate radar will also have their vehicle's speedometer calibrated in accordance with this Policy and
Procedure .
S.
Driving Under the Influence [CFA 22.03 a]:
1.
Traffic Stops: a.
When an officer makes a stop of a traffic law violator and he believes the driver’s ability to operate a motor vehicle is impaired due to the use of alcohol or drugs, the officer should request the driver to submit to a series of field sobriety tests. b.
If the driver is able, he should be asked to move to an area that is a safe distance from the roadway and on a firm level surface, if possible.
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The agility tests may include, but are not limited to, the following:
1) Horizontal Gaze Nystagmus
2) Balance
3) Walk/turn
4) Finger-to-nose
61.110
5) One-legged stand. d.
It is critical that the results of each test administered be clearly documented in the offense report to include the result of the test. e.
If the officer is satisfied that probable cause exists to charge the defendant with DUI, then the driver should be arrested and transported for further processing to a facility that may offer the person an approved test of their breath to determine the alcohol content [CFA
22.06]. f.
Fill out a tow slip and have the tow truck driver sign it. The officer shall not move the driver’s vehicle for him [CFA 22.06]. g.
Advise dispatch you will need an Intoxilyzer Operator to conduct a breath test [CFA 22.06]. h.
The arresting officer will witness all aspects of the Intoxilyzer examination and video [CFA
22.06]. i.
The Intoxilyzer Operator will complete the Alcohol Influence Report after reading the
Implied Consent Warning. He will then administer the Intoxilyzer Test to the arrested person [CFA 22.06]. j.
In the event the subject refuses the Intoxilyzer Test, it is the arresting officer’s responsibility to fill out the DHSMV Refusal Form and submit it along with the DUI citation and any other applicable citations [CFA 22.06]. k.
If the results of the Intoxilyzer Test are .30 or above, the subject shall be transported to the hospital for evaluation. A supervisor shall be notified in this instance [CFA 22.06]. l.
Pursuant to F.S.S. 316.1932
, if drug impairment is suspected, a urine sample may be taken by medical personnel. The sample is to be handled as evidence and returned to the evidence refrigerator in the police station. A toxicology information sheet must be completed. All other procedures regarding the Intoxilyzer Exam and video, if applicable, should still be followed. Furthermore, it should be noted if a person consents to the breath test and passes it, but the officer has probable cause to believe the person is under the influence of a controlled substance as well, they may request a urine specimen in addition to the breath test
[CFA 22.06].
2.
Accidents (DUI): a.
If impairment is detected while investigating an accident, the investigating officer should inform the driver when the investigation of the accident is complete and when the criminal investigation begins. b.
The accident scene should be searched for evidence of alcohol and/or drugs.
Enforcement Policies & Traffic
Law Violations
Date: 08/06/10 Page 15 61.110 c.
Other drivers and witnesses should be questioned as to their observations concerning driver impairment. d.
If the driver suspected of impairment is not injured and no other persons are seriously injured, then proceed according to the Driving Under the Influence (Traffic Stop) procedure above. e.
If the accident resulted in bodily injury or death, a blood sample shall be obtained from the
DUI suspect in accordance with F.S.S. 316.1933
. f.
If the impaired driver was injured and taken to the hospital for treatment and is unable to submit to a Intoxilyzer Test within two hours of the accident:
1) The Implied Consent Warning should be read to them and the officer should attempt to obtain a voluntary blood sample.
2) If the driver refuses, then the refusal forms should be completed. g.
If a blood sample is taken, preserve it as evidence and store it in the department’s locked evidence refrigerator located in the evidence locker room. The toxicology information sheet must also be completed, along with a property receipt indicating “Laboratory/trial evidence.” h.
The evidence shall be marked as “Biohazard”. i.
Charges may be withheld pending laboratory results of the blood alcohol tests. j.
CJSTC rule forms and F.A.C. rule 11C-4.009
, which was promulgated by F.S.S. 943.05(2)
(d) , provides a uniform probable cause affidavit and uniform alcohol influence report.
These two forms will not supersede forms currently in use. According to Assistant General
Counsel Rafael Madrigal, these forms may be used in conjunction with existing DUI forms and paperwork, and, generally, will serve as an officer worksheet.
3.
Driving Under the Influence Countermeasures [CFA 22.03 a]: a.
During every traffic stop, and while investigating every traffic accident, officer(s) shall check drivers for signs of impairment due to alcohol and/or drugs and make arrests when appropriate. Members of the Fort Pierce Police Department shall aggressively enforce laws relating to alcohol/drug use by all motorists. b.
After reviewing alcohol related accident data, the Shift Commander, or his designee, may make selective enforcement assignments of personnel at times and locations where analysis has shown a significant number of violations and/or accidents involving impaired drivers. c.
Other measures that may be utilized are:
1) Selective surveillance of roadways on which there have been an unusual incidence of drinking-driving accidents to ascertain the characteristic violation of the problem drinker who drives.
2) Selected alcohol related accident investigations and analysis of findings.
3) Selective sobriety checkpoints.
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Law Violations
Date: 08/06/10 Page 16 61.110
4) Additional measures may be implemented as recommended in the National Highway
Traffic Safety Administration Manual.
T.
Driver Re-examination Request:
1.
Members of this department who encounter a motorist whose driving ability is questionable, due to what appears to be a mental or physical condition, should request the motorist be re-examined in regard to his driving ability. A person’s age or incomplete knowledge of traffic laws alone is insufficient grounds to justify involuntary driver’s license re-examination.
2.
Driver re-examination requests are submitted in two ways: a.
The driver in an accident may be re-examined if the investigator makes the appropriate entry on the accident report and an explanation of the request entered into the narrative. b.
If not an accident case, form DHSMV-419 should be completed and mailed to the address printed on the form. It is recommended a citation be issued for the violation to accompany the request for re-examination.
U.
Traffic Enforcement Patrol:
1.
In normal circumstances, officers enforce traffic laws by visible traffic patrol. Enforcement action is taken in those cases observed by officers patrolling their beats in marked police vehicles.
2.
If accidents are found to be a problem on a particular street, directed patrol along the street in the area(s) of peak experience may be initiated. Enforcement action should follow accident statistics.
3.
Area enforcement or line patrol may be directed based on experience. If directed, such enforcement action will be specified along with the area and times of enforcement.
4.
In those areas where an overt stationary post exists, operation is necessary to maximize the effectiveness of a selective enforcement effort; officers shall park in a conspicuous location in a manner that traffic flow is not impeded.
5.
There may be circumstances and problem areas an officer feels covert enforcement action would best be utilized. In circumstances which an officer wishes to conceal their monitoring of traffic signals, signs or running radar, officers should avoid private property or areas that because of this concealment cause a hazard to the officer or motorists.
6.
At various times and situations, officers may deem it necessary to use unmarked cars for observation of traffic in order to be less conspicuous.
7.
Unmarked cars shall not be used to conduct traffic enforcement stops unless there are extenuating circumstances.
V.
Other Violations:
1.
Equipment Violations: a.
Equipment violations shall be enforced through the issuance of a citation, department correction card, written, or verbal warning [CFA 22.03 d]. In deciding to cite or warn, the officer should consider whether the violation presents an immediate hazard to either the
Enforcement Policies & Traffic
Law Violations
Date: 08/06/10 Page 17 61.110 safe, continued operation of the vehicle, surrounding vehicles or pedestrian traffic. If such a hazard exists, a citation is in order. b.
If the violation is such that any further operation under the existing conditions would likely result in an accident, officers may impound the vehicle as authorized by Policy #61.430
Vehicle Impoundment. Such impoundment will be conducted in accordance with departmental procedure. If the violation is non-hazardous, or may be of such nature that the driver might be unaware of the condition, the issuance of a written warning is appropriate.
2.
Multiple Violations:
Enforcement of multiple hazardous violations will follow established guidelines for arrests and warnings [CFA 22.03 g]. It shall be the exception, not the rule or policy, for an officer to refrain from issuing a citation for a second hazardous violation should the violation be serious enough.
In all enforcement actions, the ultimate decision rests with the officer.
3.
Moving Violations [CFA 22.03 c]:
Moving violations shall be enforced through the issuance of a citation or written warning. As previously stated, the decision as to which means of enforcement officers will use will depend on the type of violation and the circumstances surrounding it.
4.
Non-Moving Violations:
Non-Moving violations shall be enforced through the use of citations or warnings [CFA 22.03 f].
In keeping with the goal of traffic enforcement, the reduction of accidents and education of the motoring public shall be conducted in the interest of yielding a higher level of voluntary compliance.
5.
Public Carrier/Commercial Vehicle Violations:
It is the policy of the Fort Pierce Police Department that no special consideration be given to public carrier or commercial vehicles [CFA 22.03 e]. The vehicles must comply with all state, county and municipal laws and regulations, and are subject to citation or written warning as may be deemed appropriate by the officer. Additionally, if the officer feels a public carrier or commercial vehicle may be in violation of regulations that are federally- or state-mandated, and such violation is serious or hazardous, the officer should request the assistance of either another officer who is familiar with such regulations, or a Safety Enforcement Officer from the Florida
Department of Transportation.
W.
Newly Enacted Laws and/or Regulations:
1.
When new laws are enacted, or new traffic controls are installed, enforcement action may be by
[CFA 22.03 h]: a.
Written warning or citation. b.
Written warnings may be used in lieu of citations during a specified grace period for new laws, new traffic control devices, etc.
2.
The Police Department encourages officers to use good judgment in unusual circumstances to decide what enforcement action is proper. This should include giving consideration for newly enacted rules and regulations of which the citizen may be unaware. Officers should use a combination of discretion, training, experience, and common sense when making a decision.
Enforcement Policies & Traffic
Law Violations
X.
Index:
Date: 08/06/10 Page 18
Commercial Vehicles
DUI
Juvenile Violators
Physical Arrests
Speed Detection
Verbal Warnings
Voiding Citations
Written Warnings
Y.
Authority and Reference:
F.A.C. rule 11C-4.009
Florida Police Chiefs’ Association Racial Profiling Model Policy
F.S.S. 316.1932
F.S.S. 316.1933
F.S.S. 316.614(9)
F.S.S. 322.34(5)(a)
F.S.S. 324.201
F.S.S. 943.05(2) (d)
Z.
Cross Reference:
Policy #41.225 Vehicle Operations & Pursuits
Policy #74.300 Arrest Procedures
AA.
Attachments:
Traffic Citation Dismissal Form
_________________________
DRAFTED BY: lcb/ August 6, 2010
61.110
Traffic Citation Dismissal Form
I am requesting the dismissal for the following traffic citation:
Citation #________________________
Name of Requesting Officer: _____________________________________________________
Reason for dismissal:
Signature of Officer Requesting Dismissal:
____________________________________ ________ __________
Officer Name I.D. # Date
Signature of Approving Supervisor:
____________________________________ ________ __________
Supervisors Name I.D. # Date
(To be completed by the Clerk of the Court or designee)
Date Received: ________________________ Time Received: __________
Received by (Print Name):__________________________________________
Comments: ______________________________________________________
Signature: _______________________________________________________
