HomeMy WebLinkAboutTRAF LAW ENF 14.1
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: TRAFFIC LAW ENFORCEMENT
GENERAL ORDER: 14.1
EFFECTIVE: October 1, 1998
SUPERSEDES: NEW
PAGES: 10
CONTENTS:
This order consists of the following numbered sections:
I. ENFORCEMENT TECHNIQUES
II. ENFORCEMENT ACTIONS
III. VIOLATION GUIDELINES
IV. VEHICLE STOPS
V. GLOSSARY
PURPOSE:
To establish guidelines for uniform traffic law enforcement actions.
SCOPE:
This order applies to all law enforcement officers.
DISCUSSION:
Uniform traffic law enforcement helps to achieve voluntary compliance with traffic laws and
regulations. The ultimate goal of enforcement should be to alter favorably the violator’s future driving habits. Warning
or other non-punitive actions may be substituted for arrest or citation in some circumstances.
Officer discretion is an integral element of any enforcement action. The provisions of this procedure will not preclude an
officer from drawing upon his or her training, common sense, and sound judgment to exercise discretion in evaluating the
seriousness of the violation and circumstances or conditions existing at the time.
POLICY:
Traffic law enforcement will be applied in a fair, consistent, and a courteous manner to foster a positive
public attitude. Enforcement actions will be accomplished in conformance to law and this order.
PROCEDURE:
I. ENFORCEMENT TECHNIQUES:
Agency traffic enforcement efforts will be directed toward those violations that
most often result in traffic crashes. Supervisors should emphasize the quality of traffic stops, not the quantity. The
following techniques may be employed to achieve this objective:
A.
Public awareness and education;
B.
Directed visible patrols;
C.
Overt and covert stationary observation;
G.O. 14.1
D.
Unmarked vehicles in specialized enforcement operations;
E.
Preventive patrols highlighting specific violations;
F.
Saturation patrols;
G.
Safety and sobriety checkpoints;
H.
Analysis of traffic enforcement activities;
I.
Evaluation of selective traffic enforcement activities;
J.
Analysis of areas with high incidents of traffic crashes.
II. ENFORCEMENT ACTIONS:
The following options are available to officers for traffic law violations.
A. Verbal Warning:
An officer may use discretion and give a verbal warning for minor infractions. The officer
will not use a verbal warning to scold, belittle, or berate the violator.
B. Written Warning:
An officer may use discretion and issue a written warning instead of a citation. The violator
will be informed that a written warning does not require the payment of a fine or a court appearance. Written warnings
may be issued for violations that include:
1.
Moving and nonmoving violations;
2.
Equipment violations;
3.
Violations committed by foreign or out-of-state drivers; and
4.
Violations of newly enacted laws or regulations.
C. Uniform Traffic Citation (UTC):
1.
An officer may issue a UTC for any traffic violation. The officer will politely inform the violator of the following:
a. A signature is required on the citation. The signature is not an admission of guilt; it acknowledges the receipt of
the citation. A violator, who does not wish to sign the citation, will be told that a refusal to sign is a second-
degree misdemeanor and an arrestable offense.
b. A motorist who receives a citation for a violation that requires a mandatory court appearance will be furnished
with the date, time, and location of court.
c. A court date may be requested by entering a not guilty plea on the reverse side of the citation. The violator has
the option of mailing, or delivering the citation in person to the traffic clerk’s office.
d. A guilty plea may be entered on the reverse side of the citation. The violator has the option of mailing or
delivering the citation to the traffic clerk’s office.
e. Other information that may be required before release.
2.
A fingerprint of the violator’s right thumb will be placed on the back of the court copy of the citation when the
violator is unable to present proper identification. This procedure will assist with positive identification of the
person in case a fictitious name is used.
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G.O. 14.1
D. Arrest:
Criminal traffic violations may require a custodial arrest. The arrest will be performed in conformance
with the general order indexed as Arrest Procedures and the violator will be issued appropriate citations. Violations
that may result in a custodial arrest include the following:
1.
Driving While License Suspended or Revoked;
2.
Driving Under the Influence;
3.
Fleeing or Attempting to Elude a Law Enforcement Officer;
4.
Reckless Driving;
5.
Possession of a Suspended or Revoked Driver License;
6.
Driver License Expired More Than Four Months;
7.
No Valid Driver License;
8.
Vehicular manslaughter;
9.
Vehicular homicide;
10.
Leaving the scene of an accident with injuries;
11.
Refusal to sign a citation; and,
12.
Failing to obey a police officer or firefighter at the scene of a fire.
E. Non-arrest Consideration:(The
A criminal UTC may serve as a notice to appear under certain circumstances.
violator must present positive identification, and not have a history of failing to appear for court.)
F. Juvenile Traffic Offenses:
An officer can issue a citation to a juvenile violator for moving and non-moving
violations. Juveniles can be arrested for criminal traffic violations and will be processed in accordance with procedures
outlined in the general order indexed as Juvenile Offender Procedures.
G. Non-Residents:
The same guidelines are used for non-residents as those followed for local residents. For traffic
arrest purposes, non-residency is not sufficient to require a custodial arrest, or the posting of bail to assure appearance
in court.
H.Foreign Diplomats/Consular Officials:
When an officer makes a traffic stop and the violator identifies him or
herself as a Foreign Diplomatic Officer or Consular Official, the officer may issue the violator a traffic citation when
enforcement action is necessary.
1.
Per General Order 14.4 Traffic Arrest Exemptions, Section II, Paragraph A, The officer may not compel the
diplomat to sign the traffic citation.
2.
A copy of the citation and/or report will be forwarded to the Diplomatic Security Service Protective Liaison
Division, 3507 International Drive, N.W., Washington, DC 20008.
3.
When a traffic stop is made and the officer determines the violator I DUI or other circumstances are present
that require physical arrest, the following guidelines will apply:
a.
If during a traffic stop a person to be arrested claims to be a diplomatic officer, consular personnel, or family
member, the officer conducting the investigation will contact the shift supervisor, who will then contact the
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G.O. 14.1
United States Department of State at (202)-647-1985 and determine the person’s status prior to affecting the
arrest.
b.
Any person determined to have diplomatic immunity found driving while under the influence of alcoholic
beverages or controlled substances will be released to family members, friends, or taken home.
III. VIOLATION GUIDELINES:
A. Speed Violations:
Vehicles traveling in excess of the posted speed pose a potential threat to the safety of other
drivers. Such violations will be enforced and processed in conformance with F.S. 316, Traffic Control, and this order.
Speed detection procedures are as follows:
1. Radar Detection:
a. Radar operators will complete an approved radar operator school, and receive certification through the Criminal
Justice Standards and Training Commission.
b. Radar operators will be responsible for the proper care and upkeep of radar units.
c. Radar units will be calibrated and recertified every six months as specified in F.S. 316.1905 and 1906.
d. The operator will perform calibration checks of the radar unit at the start and end of end of each shift to ensure
the measured deviation is not greater or less than one mile per hour.
e. The operator will visually verify and record the digital reading of the target vehicle’s speed.
f. Radar citation logs will be completed and maintained for judicial proceedings.
g. The radar unit number will be recorded on the traffic citation.
h. Officers, who are not certified to operate radar equipment, may support certified operators by issuing citations
and listing the operator as a witness.
2. Pace Detection:
a. An officer may use a certified speedometer to pace a speeding vehicle. The officer must pace the violator for a
sufficient distance to establish the vehicle speed.
b. Speedometers used for pace detection must be calibrated every six months. A copy will be kept in the vehicle.
B. Hazardous Violations:
Officers will take immediate action to stop hazardous violations that place people or
property in jeopardy.
C. Non-hazardous Violations:
Enforcement of non-hazardous violations will follow established arrest and warning
procedures for single and multiple violations. Generally one citation will be issued when multiple non-hazardous
violations stem from the same operation and the elements of both offenses are closely related.
D. Equipment Violations:
A driver that operates a vehicle with an equipment violation, i.e., faulty or inoperable
taillights, headlights, tag light, or brake lights may be issued a Uniform Traffic Citation. The citation may be issued in
accordance with F.S. 316.6105, which allows for the correction of the violation and mitigation of the civil fine. A
person who receives a citation under this statute may present the repaired vehicle to a law enforcement officer for
inspection, and the following will apply:
1.
An officer will review the citation and confirm that the 30-day limit has not expired, or, if expired, the violator has
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G.O. 14.1
obtained an extension from the Clerk of the Court's Office.
2.
If the inspection occurs at the Tequesta Police Department the Finance Department will collect the cash fine and
issue a receipt.
3.
The inspector will complete the affidavit of compliance on the back of the citation once the inspection fine has
been paid. The motorist will be informed to submit the remainder of the fine to the Clerk of the Court via mail or in
person.
E. Public Carriers and Commercial Vehicles:
Operators of public carriers and commercial vehicles will be
handled in the same manner as other vehicle operators. The officer will consider the safety of passengers, or cargo
when determining the appropriate enforcement action to take. The officer will contact the public agency or
commercial enterprise for instructions concerning the disposition of the vehicle and property when affecting the arrest
of the operator of such vehicles.
F. Multiple Violations:
The officer will weigh the seriousness and safety effects of the violations when determining
the need to issue multiple citations. Traffic arrests often require the officer to issue multiple citations. This policy will
not be interpreted to limit the discretionary authority of any officer.
G. Pedestrians and Bicycles:
Officers will enforce F.S. 316.2065 that requires children under 16 to wear a bicycle
safety helmet. An officer who observes a pedestrian or bicycle violation will take corrective action to assist in
decreasing pedestrian and bicycle crashes with motor vehicles.
H. Traffic Accident Violations:
An officer is not required to observe the violation that caused a crash in order to
take action. Officers may issue a citation and/or make an arrest based on a traffic crash investigation.
I. Newly Enacted Laws and/or Regulations:
Officers will be notified of newly enacted laws or ordinances through
periodic bulletins provided by the agency or the State Attorney’s Office. The Chief may provide a grace period to
violators of newly enacted traffic laws at his discretion. Verbal or written warnings will be used to educate the public
of the new law.
J. Citing Drivers with Suspended or Revoked Licenses:
When the officer is notified that a violator’s license is
suspended, canceled or revoked, and if the driver is in possession of their driver’s license, the officer will take the
license and attach it to the citation.
1
. The officer should confirm through FCIC that a driver license has been suspended or revoked. After receiving
confirmation, the officer should proceed as follows:
a.
If the officer believes that the violator will not appear in court, i.e., numerous suspensions or FTA, the
officer may physically arrest the violator. The officer will then issue a UTC for the appropriate charge, complete
a PC affidavit and rough arrest form, and attach the driver license to the UTC and transport the violator to County
Jail. The driver license must be attached to the driver license Administrative Hearing packet if a companion
charge is DUI.
2.
If a violator indicates no prior knowledge of the suspension, the officer will inform the violator of the suspension
and a traffic citation will be issued with the proper subsection for that violation. If the driver is in possession of a
driver license, the officer will take the license and attach it to the citation.
3.
A violator cited for driving under suspension will not be permitted to drive the vehicle.
a. The vehicle may be properly parked, driven by another licensed driver with permission of the owner or
towed by the owner or officer according to department procedure.
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G.O. 14.1
4.
If a violator is stopped for a traffic violation and it is later learned that the subject’s license is suspended,
canceled or revoked, the officer will file a citation with the appropriate charges for issuance by the Clerk of the
Court.
K. Custodial Arrest:
Officer’s will affect the physical arrest of any person in violation of those traffic laws
pertaining to:
1.
Driving under the influence of alcohol or controlled substance in violation of F.S.S. 316.193.
2.
Willful and wanton reckless driving in violation of F.S.S. 316.192.
3.
Fleeing or attempting to elude a police officer in violation of F.S.S. 316.1935.
4.
Leaving the scene of an accident involving serious injury or death in violation of F.S.S. 316.027.
5.
Persons determined to be “Habitual Traffic Violators” in violation of F.S.S. 322.34(5), there is no discretion
on the officer’s part. The violator must be arrested and taken to County Jail.
6. Failure to sign a citation in violation of F.S.S. 318.14.
7.
If a driver refuses to submit to fingerprinting for failing to produce a driver license, they will be charged
with F.S.S. 322.15(2) Failure to Allow Finger Print and transported to County Jail.
8.
Any other criminal violation discovered during the course of a traffic stop investigation.
9.
For the following violations, officers should consider the circumstances surrounding the violator and violation,
arrest and driving history, and/or lack of community ties that may make a court appearance by the violator
unlikely.
a. Under most circumstances the issuance of a traffic citation will suffice. However, the officer will bear in
mind that the violations are misdemeanors and may be handled as such. Officers may effect a physical arrest
for the following misdemeanor traffic violations.
1) Driving while knowingly under suspension, revocation, or cancellation in violation of F.S.S. 322.34.
2) Failure to obey a lawful command of a police officer or Fire Department member in violation of
F.S.S. 316.072(3).
3) Leaving the scene of a crash involving attended property (hit and ruin) in violation of F.S.S. 316.061.
4) Making a false accident report in violation of F.S.S. 316.067.
5) Attached tag not assigned to the vehicle in violation of F.S.S. 320.261.
6) Any other criminal violation discovered during the course of the traffic stop investigation.
L. Non-custodial Arrest:
The officer will issue a UTC as a Notice to Appear. The court date will be entered on
the citation and the violator’s right thumbprint must be affixed to the court copy. The driver license will be attached
to the Records Section copy.
M. Tag Seizure:
The Department of Highway Safety and Motor Vehicle (DHSMV) driver license database reflects
when a license is suspended for inadequate vehicle insurance. A “Seize Tag” notation authorizes a law enforcement
officer to seize the tag when the operator with the suspended license is also the owner/co-owner, or registrant/co-
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G.O. 14.1
registrant. The officer will confirm the “seize tag” order through FCIC via the Communications Division and
proceed as follows:
1.
Remove the tag from the vehicle;
2.
Write “Tag Seized” across the front of the registration, if available, and return the registration to the driver;
3.
Obtain a printout of the driver license status from the Communications Division;
4.
Issue a citation for driving with a suspended license.
5.
Attach the printout to the original citation;
6.
Note “seized tag” and the tag number on the “Other Violations Pertaining to Offense” section of the citation.
(The citation will serve as a receipt for the vehicle owner/registrant.)
a. The officer will not seize the tag when the owner presents proof of insurance accompanied by a receipt
indicating payment of the reinstatement fee.
b. The officer may seize the tag if the owner presents proof of insurance, but cannot produce a receipt for the
reinstatement fee.
c. Seize the tag and driver license;
d. Complete a property receipt and attach a copy of the citation(s);
e. Impound or release the vehicle in accordance with the general order indexed as Vehicle Impound and
Towing; and
f. Submit the tag and license to the Property Evidence Unit.
g. A property custodian will be responsible for delivering the tag, driver license, and copy of the citation(s) to
DHSMV within five days of the seizure.
N. Possession of a Suspended or Revoked License:
Any person in possession of a suspended or revoked
license may be arrested even if they are not operating a motor vehicle. The officer may make an arrest, or seize
the license and deliver it to the nearest DHSMV, Division of Driver License Office.
O. Request for Driver Reexamination:
An officer who determines that a vehicle driver may be incompetent,
physically or mentally disabled, or suffering from a condition that prevents the safe operation of a vehicle, will utilize
the following procedure:
1.
Complete the DHSMV Driver License Division Request for Reexamination form;
2.
Verify that the information contained in the request addresses the nature of the problem including all physical
defects;
3.
Establish that reasonable grounds for the reexamination exist; and
4.
Forward the completed form to the administrative secretary for submission to the DHSMV.
IV. VEHICLE STOPS:
The following vehicle stop procedures are recommended to provide maximum safety for
officers, violators, and other roadway users. Roadway conditions, weather, the urgency to stop the violator, and traffic
may dictate adjusting or altering procedures.
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G.O. 14.1
A. Routine Stops:
1.
The officer will attempt to stop the violator in an area with ample space and lighting. Every effort should be made
to avoid stops on hills, curves, intersections, private drives, bridges, and business locations that have limited
parking.
2.
The officer will notify communications of the location, tag number, and vehicle description. The number of
occupants may be provided as a safety factor.
3.
The officer will activate emergency lights and siren to make his or her presence known and to signal the driver to
stop.
a. Hazardous warning lights, i.e., four-way flashers may be used with overhead emergency lights as an additional
safety precaution after the patrol vehicle has stopped.
b. Unmarked agency vehicles may be used for traffic enforcement only if the vehicle is equipped with emergency
equipment.
c. Unconventional vehicles will not be used for traffic enforcement unless a marked patrol unit is not available.
4.
The officer will use the public address system to direct a violator who stops in an undesirable location.
5.
An officer will not permit a driver suspected to be under the influence of alcohol or other substances to move a
vehicle once it has stopped.
6.
The officer will position the patrol vehicle approximately one car length behind the violator's vehicle. The front of
the patrol vehicle will be positioned at a slight angle with the left front offset approximately two feet to the left of the
violator's vehicle. The right rear of the patrol vehicle will be positioned near the curb and the steering wheel will be
turned to the right.
7.
When appropriate, the officer should have headlights on low beams for the safety of oncoming traffic. A spotlight
or takedown lights may be used to illuminate the interior of the violator's vehicle. A spotlight will not be used while
the violator’s vehicle is in motion.
8.
The officer should approach the driver from the rear of the violator’s vehicle while checking the rear seat area for
passengers or weapons. The officer will stop at the rear of the driver’s door if there are only front seat occupants.
The officer can communicate with the driver from this position and maintain a tactical advantage. A passenger’s
side approach is acceptable when passing traffic constitutes a danger to the officer.
9.
The officer may remain at the driver’s side rear of the vehicle if there are occupants in the rear of the vehicle.
(The officer should assume a position of tactical advantage where he or she can keep all occupants in view.)
10.
During stops made by two officers, the passenger officer will be responsible for radio communications, act as an
observer, and cover the approaching officer.
B. High Risk Stops:
An officer who observes a vehicle driven by a wanted or suspected felon will notify
communications immediately. The officer will inform the dispatcher of the vehicle location, a description of the
vehicle, vehicle tag, and description of the occupants. The officer will keep the suspect vehicle within view and
request assistance in making the traffic stop. The officer will keep backup units informed of the location and direction
of the vehicle’s travel. The suspect vehicle will not be stopped until adequate support is available and in position,
unless in an emergency. The officer should use the following procedures when effecting the stop:
1.
Attempt to stop the vehicle in a location that presents no danger to citizens.
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G.O. 14.1
2.
Position his or her patrol vehicle to the rear of the suspect vehicle when conditions are appropriate and backup
units are available.
3.
Use emergency equipment to warn other traffic, and to signal the violator to stop.
4.
Make the stop on the right side of the roadway, when possible.
5.
Turn off the siren and use the public address system to contact the vehicle’s occupants.
6.
Position the patrol vehicle so it provides maximum protection and cover.
7.
Focus all lights on the interior of the offender’s vehicle to place the occupants at a tactical disadvantage during
darkness.
8.
Exit the patrol vehicle quickly, and remain behind the door.
9.(Specific directions
Use the public address system to direct individual occupants to exit the vehicle separately.
should be given to place the occupants in an appropriate search position.)
The officer will give voice commands
if a public address system is unavailable.
10.
Wait for assistance before approaching the vehicle if the commands are not heard, or are ignored by the
suspect(s).
11.
An assisting officer should cover the arresting officer and remain on the curbside of the vehicle until all
occupants have exited and are in a search position. To avoid confusion, the assisting officer will not give additional
commands to the occupants, unless necessary.
12.
The occupants should be ordered into a prone position, face down, with arms extended at shoulder level and the
palms of the hands facing up.
13.
The occupants should be ordered into a kneeling position with their legs crossed, and their arms placed behind
their backs if the terrain or area does not permit prone positioning.
14.
Handcuffs should be applied immediately.
15.
The assisting officer will cover the arresting officer while each person is searched. The search should not
commence until all occupants are out of the vehicle and in compromised positions that provide a tactical advantage
to the officers.
C. Other Moving Violations:
Will be enforced by issuing a warning or citation and will depend upon the
circumstances and the violator.
D.Non-Moving Violations:
Non-moving violations are enforced through the use of warnings or citations. Certain
non-moving hazardous violations (i.e., wearing a headset, failure to wear a seatbelt, etc.) can potentially lead to
hazardous situations and appropriate enforcement action should be taken.
Officer/Violator Relations:
All traffic law enforcement actions will be performed in a professional manner. The
officer will politely provide his or her name, the reason for the stop, and request the violator’s license, registration, and
proof of insurance.
V. GLOSSARY:
AFFIDAVIT OF COMPLIANCE: - The designated section on the reverse side of a Uniform Traffic Citation to be
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G.O. 14.1
completed upon inspection of a repaired vehicle equipment violation.
AREA VISIBLE PATROL - Moving or stationary observation in an area that includes a number of streets or sections of
highway.
COVERT STATIONARY OBSERVATION - The traffic enforcement unit cannot be viewed from the roadway being
observed.
DIRECT VISIBLE PATROL - Area or line patrol that is specifically directed by supervisory members based on
unfavorable traffic crash or enforcement data.
OVERT STATIONARY OBSERVATION - The traffic enforcement unit is positioned so that it is clearly visible to
persons using ordinary powers of observation.
SEIZURE - The lawful taking of a motor vehicle tag and/or driver license into custody, which has been suspended by
DHSMV for, inadequate or no insurance.
INDEXING:
BICYCLE HELMETS
CITATION, UNIFORM TRAFFIC
EQUIPMENT INSPECTIONS
RADAR DETECTION
TAG SEIZURE
TRAFFIC ARREST
TRAFFIC LAW ENFORCEMENT
TRAFFIC STOP
TRAFFIC VIOLATIONS
UNIFORM TRAFFIC CITATIONS
VEHICLE STOPS
WARNING, VERBAL
WARNING, WRITTEN
DRAFTED:
RLG/February 16, 1998/Filed: Trfenf14.1
APPROVED:
Pete Pitocchelli, Chief DATE: November 05, 2011
Tequesta, Florida
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