TRAFFIC CITATIONS. 8 February By Order of the Police Commissioner

Transcription

1 Plicy 906 Subject TRAFFIC CITATIONS Date Published Page 8 February f 13 By Order f the Plice Cmmissiner POLICY It is the plicy f the Baltimre Plice Department (BPD) t issue and certify Traffic Citatins in accrdance with the Transprtatin Article f the Anntated Cde f Maryland. DEFINITIONS Maryland Unifrm Cmplaint and Citatin Als knwn as a Traffic Citatin, is a legal dcumentatin f a vehicle-related infractin. Payable Vilatin A traffic vilatin a mtrist can pay withut appearing in curt. Payment f the citatin is a guilty plea and becmes a part f the cited mtrist s driving recrd. The driver als has the ptin t request a waiver hearing t plead Guilty with an Explanatin in an attempt t have fees reduced r waived r t seek prbatin rather than a cnvictin because f extenuating circumstances. Must Appear (MA) A mandatry curt appearance wherein the defendant must stand befre a judge. Defendants in these cases, which are the result f mre serius vilatins f the Maryland Transprtatin Cde, cannt reslve the matter by paying a fine withut appearing in curt. REQUIRED ACTION Issuance f a Traffic Citatin Member 1. Upn bserving the driver f a vehicle cmmit a traffic infractin, members may stp a vehicle and issue the peratr a traffic citatin. 2. The defendant s name must be entered n the citatin exactly as it appears n the driver s license, including hyphens. 3. The defendant s driver s license number must be exact. Check t see that the first letter crrespnds with the first letter f the defendant s last name. 4. The defendant s birth date must be exact. 5. The title and subtitle must agree with the written charge. Errrs will result in incrrect entries by District Curt clerks n the driver s recrd.

2 Plicy 906 TRAFFIC CITATIONS Page 2 f 13 Disseminatin f Citatin Cpies Payable Fines & Must Appear Cpy 1 COURT COPY Submit t district/unit/sectin citatin bx. Cpy 2 LAW ENFORCEMENT HEADQUARTERS COPY Submit t district/unit/sectin citatin bx. Cpy 3 Cpy 4 OFFICER S COPY RETURN TO COURT COPY Stays in citatin bk. Officers must dcument circumstances related t the stp n the reverse side f the citatin, as the fficer shall be required t testify t same in curt. Payable - Given t defendant. Must Appear Submit t district/unit/sectin citatin bx. Cpy 5 DEFENDANT S COPY Given t defendant. NOTE: If the defendant is arrested, leave the #4 cpy f the citatin with the curt cmmissiner wh will enter essential infrmatin int the autmated system and will place this cpy in the traffic flder fr trial. If the ffense is payable, give the defendant bth the #4 and #5 cpies f the citatin as they cntain vital infrmatin pertaining t the defendant s ptin f appearing fr the trial/hearing r paying the preset fine, thereby waiving the right t a trial. Alert the defendant t read the back f bth cpies f the citatin fr mre infrmatin. MD Juvenile Citatins Juveniles between the ages f are nly t be issued payable citatins. If the fficer cites the juvenile fr a Must Appear vilatin, the Transprtatin Article, Sectin and exact wrding must be dcumented n the Juvenile Custdy Frm in the Narrative sectin. The District Curt des nt have jurisdictin ver: 1. A child under 18 years f age alleged t have cmmitted an act in vilatin f any prvisin f the Transprtatin Article r ther traffic law r rdinance that prescribes a penalty f incarceratin, r 2. A child under 16 years f age alleged t have cmmitted any act in vilatin f any prvisin f the Transprtatin Article r ther traffic law r rdinance.

3 Plicy 906 TRAFFIC CITATIONS Page 3 f 13 NOTE: If a citatin is issued t individuals in the abve categries, it shuld be listed n the transmittal indicating Vid - Juvenile and sent t the District Curt Traffic Prcessing Center (TPC) fr ticket accuntability purpses nly. Supervisrs Review traffic citatins t ensure cmpleteness. Viding Citatins 1. If the member makes an errr while writing a citatin and the #5 cpy has been given t the defendant, the citatin must fllw nrmal prcedure and be dispsed f in pen curt. It may nt be vided. The Assistant State s Attrney (ASA), n the day f trail in pen curt, may amend r may nlle prs the charge. The fficer may then write a new citatin with the crrect charge. 2. If the member makes an errr while writing a citatin and the #5 cpy has nt been given t the defendant (the defendant may have signed it), the fficer s Administrative Sergeant/Lieutenant may administratively vid the citatin. 3. If a member des nt shw a charge n the citatin, it is nt a charging dcument and the defendant will be ntified that the citatin is a nullity and the fine shwn shuld nt be paid. These will nt be scheduled fr trail. (See Frwarding a Vided Citatin ). Administrative Sergeant (District/Sectin/Unit) 1. Prmptly administratively vid inaccurate traffic citatins turned in by the issuing fficer. 2. Frward vided traffic citatins t the Central Recrds Sectin. Frwarding a Vided Citatin The prcedure fr frwarding vided citatins is as fllws: 1. The citatin must cntain the vid date, in the vilatin date area, and all fficer infrmatin must be entered. The fficer must sign, and VOID must be written acrss the citatin. 2. The citatin number must be entered n the transmittal, as well as the riginal cpy, and the #5 cpy must be frwarded t the TPC. Cmpliance with this prcedure will assure accurate and cmplete ticket accuntability. 3. After review, all transmittals and citatins received frm fficers will be cnslidated. The riginal citatin, and tw cpies f the transmittal, will be mailed t the TPC. (One cpy f the transmittal will be returned after verificatin that all listed citatins have been received; if the transmittal is incmplete r incrrect it will be returned fr crrectin.) District Curt Traffic Prcessing Center 2020 Industrial Drive Annaplis, Maryland 21401

4 Plicy 906 TRAFFIC CITATIONS Page 4 f 13 APPENDICES A. Maryland Unifrm Cmplaint and Citatin B. Guide t Cmpleting the Citatin ASSOCIATED POLICIES Plicy 901, Plicy 902, Plicy 904, Plicy 905, Plicy 1108, Parking Citatins Twing Prcedures Safety Equipment Repair Orders Traffic Crash Investigatin and Reprting DUI/DWI Arrest Prcedures RESCISSION Remve and destry/recycle General Order I-6, Maryland Unifrm Cmplaint and Citatin, dated 1 July 1985, including the Amendments dated: 5 February 1988, 6 July 1988, 9 August 1992 and 1 January COMMUNICATION OF POLICY This Plicy is effective n the date listed herein. Each emplyee is respnsible fr cmplying with the cntents f this plicy.

5 Plicy 906 TRAFFIC CITATIONS Page 5 f 13 APPENDIX A Maryland Unifrm Cmplaint and Citatin

6 Plicy 906 TRAFFIC CITATIONS Page 6 f 13 APPENDIX B Guide t Cmpleting a Traffic Citatin This appendix serves as a guide t aid in prperly filling ut a Traffic Citatin. The numbers belw crrespnd directly with the red numbering prvided n the example citatin (see Appendix A). Bx 1. Witness Bx 2. If there is t be a witness summned, check the witness bx and cmplete infrmatin n the reverse side f the number ne cpy. Indicate a cmplete mailing address fr each witness listed, including telephne number. In requesting that an fficer be summned, prvide the cmplete mailing address. The agency and sub-agency alne are nt sufficient. Enter witnesses n all related citatins if they shuld be summned. Entry f a witness n nly ne f the related citatins will result in issuance f a summns t the witness fr the single citatin nly. Related Citatin If there are related citatins, check Related Citatin and write the related citatin number in the designated area. Lp crrectly, n the first citatin issued, entering the citatin number f the secnd citatin; then entering the number f the third citatin issued n the secnd citatin; and s n, until the last citatin is issued. On the last citatin issued write the number f the first citatin issued. EXAMPLE: Citatin # n this citatin write # as the related citatin. Citatin # n this citatin write # as the related citatin. Citatin # n this citatin write # as the related citatin. Bx 3. Driver s License, Class State Enter the number f the defendant s driver s license class and state f issuance. If the defendant has n license number, enter Nne. D nt leave it blank. On Maryland licenses make sure that the first letter crrespnds with the first letter f the defendant s last name. Bx 4. Defendant s Name Enter the defendant s FULL first, middle, last name, and suffix as it appears n the license, including hyphens. If a nn-resident license indicates nly initials fr the first r middle name, inquire as t the given name and recrd the full name, nt just the initial.

7 Plicy 906 TRAFFIC CITATIONS Page 7 f 13 Bx 5. Defendant s Address Enter the defendant s street address, bx number, apartment number, city, cunty, state, zip cde, etc. D nt use N Fixed Address. Enter the CURRENT address if different frm the address shwn n the license. Infrm the defendant t advise bth the District Curt and the MVA f any changes f address. (The address shwn n the license may be entered, if different frm the current address, n the reverse side f the number ne cpy tgether with the defendant s name. Thus, the defendant will receive ntices at tw addresses. Fr any name/address items listed n the reverse side, check the witness bx t alert the District Curt s data entry clerks). NOTE: If a persn is hmeless, request that they prvide yu with the address that they utilize fr the receipt f mail, t ensure that they receive ntificatin fr upcming curt dates and dispsitins. Bx 6. Descriptive Infrmatin Enter the height, weight, race, ethnicity, sex, and birth date f the defendant. Recrd the FULL date f birth (mnth-day-year). If the license indicates nly a mnth and year fr the birth, as sme states d, inquire as t the day f birth. Withut the full date f birth, cnvictin infrmatin will nt be applied t the driver s recrd. Race Use the fllwing cdes fr race and enter: 1 Black, African American; 2 White, Caucasian, Asiatic Indian, and Arab; 3 Asian Native Hawaiian, Other Pacific Islander; 4 American Indian, Alaska Native; 5 Unknwn/Other. Ethnicity If the defendant is Hispanic, enter H in the Ethnicity field. If the defendant is nt Hispanic, leave the field blank. Enter the defendant s telephne number, including area cde. Bx 7. Vehicle Registratin (License) Number, State, Year, Make, Mdel, Type and Clr Enter the vehicle registratin number and state f issuance. If the vehicle displays n registratin, enter nne. Enter Bicycle if apprpriate.

8 Plicy 906 TRAFFIC CITATIONS Page 8 f 13 Indicate the year f the vehicle, as well as Make, Mdel and Type, which can all be lcated n the vehicle registratin. Als indicate the clr f the vehicle. This is extremely imprtant because vehicle clrs can be changed. Vehicle Types 01 MOTORCYCLE 16 FIRE VEH/NON-EMERGENCY 02 AUTOMOBILE 17 POLICE VEH/EMERGENCY 03 STATION WAGON 18 POLICE VEH/NON-EMERGENCY 04 LIMOUSINE 19 MOPED 05 LIGHT DUTY TRUCK 20 COMMERCIAL RIG 06 HEAVY DUTY TRUCK 21 TANDEM TRAILER 07 TRUCK/ROAD TRACTOR 22 MOBILE HOME 08 RECREATION VEHICLE 23 TRAVEL/HOME TRAILER 09 FARM VEHICLE 24 CAMPER 10 TRANSIT BUS 25 UTILITY TRAILER 11 CROSS COUNTRY BUS 26 BOAT TRAILER 12 SCHOOL BUS 27 FARM EQUIPMENT 13 AMBULANCE/EMERGENCY 28 OTHER 14 AMBULANCE/ NON-EMERGENCY 29 UNKNOWN 15 FIRE VEH/EMERGENCY Bx 8. Vilatin Mnth, Day, Year Enter numerically the mnth, day and year f the vilatin. All vilatins are entered n the driver s recrd by day f vilatin. Bx 9. Time f Vilatin Enter the time and mark blck fr A.M. r P.M. Bx 10. Special Indicatr Blcks Persnal Injury (P.I.) In the PI blck, indicate the seriusness f the injury using ne f the cdes shwn belw: 1 N bdily injury 4 Serius bdily injury 2 Pssible bdily injury 5 Fatal 3 Persnal Injury

9 Plicy 906 TRAFFIC CITATIONS Page 9 f 13 Prperty Damage (P.D.) Check P.D. bx if prperty damage ccurred as a result f an accident. Cntributing t Acc.,Safety Belts Check Cntributing t Acc. if the defendant cntributed t an accident. This indicates persnal injury and/r a prperty damage accident. Check Safety Belts if required safety belts were in use. Hazard Material (HAZMAT) Yes r N respnse is mandatry If the vehicle is placarded r required t be placarded fr hazardus materials, it is a cmmercial mtr vehicle. Check Yes t Hazmat and write in r select C in the VEHICLE field. Check all special indicatr blcks that are applicable and/r mandated. Federal and/r State Law require a respnse t Hazmat, Cmmercial Vehicle and CDL License questins n all citatins. Write in r select C in the new VEHICLE indicatr field. Sme vilatins invlving the use f certain types f vehicles used during a vilatin must als be reprted t MVA per State Law. It is essential that yu write in r select the crrect Vehicle indicatr cde, as shwn belw. VEHICLE Indicatr Field Respnse is essential. Write in r select the cde fr type f vehicle used during the vilatin. C Cmmercial Vehicle M Mtrcycle R Off Highway Recreatinal Vehicle N Nne f the Abve If the field is left blank, Nne f the Abve will be the default and the infrmatin will nt be reprted t MVA. Cmmercial Mtr Vehicles Respnse is mandatry If a cmmercial vehicle, write in r select C in the VEHICLE field. Cmmercial Mtr Vehicles Are: All vehicles with grss weight (GVW) f 26,001 r mre punds All vehicles with grss cmbinatin weight (GWC) f r mre punds Bus designed t transprt 16 r mre peple (including driver) Any vehicle twing trailer with GVW ver 10,000 punds Any vehicle required t have HAZMAT placard

10 Plicy 906 TRAFFIC CITATIONS Page 10 f 13 Exceptins Write in r select N fr Nne f the Abve in the VEHICLE field: Recreatinal vehicles (campers, travel trailers, bat trailers) Fire and rescue vehicle Vehicle wned and perated by a farmer within 150 miles f farm Department f Defense with active-duty military driver Cmmercial Driver License (CDL) Yes r N respnse is mandatry Des driver have a cmmercial driver license? Fatal Accident Check if defendant cntributed t an accident that resulted in a fatal injury. A/R Susp. Rev. Check if the license f the defendant was suspended r revked fr an alchl ffense. Bx 11. Lcatin f Offense Recrd the precise lcatin f the vilatin, including the name f the cunty. (D nt use cunty cde number.) Bx 12. Glbal Psitining System Crdinates (GPS) Latitude/lngitude crdinates frm a glbal psitining system. Enter if yu have this infrmatin (e.g. N W ). Bx 13. Cunty Cde, Area Bx 14. Arrest type Recrd the cunty cde number. The Cunty Cde fr Baltimre City is 024. Recrd the designated rad Area. The Area in Baltimre City is AD. The arrest type must be indicated as it shws the enfrcement activity used, regardless f whether the peratr is arrested r simply cited and released. Recrd the Arrest Type as using the cdes shwn belw:

11 Plicy 906 TRAFFIC CITATIONS Page 11 f 13 A Marked Patrl Car B Unmarked Patrl Car C Marked Car, VASCAR D Unmarked Car, VASCAR E Marked Car, Statinary Radar F Unmarked Car, Statinary Radar G Marked Car, Mving Radar (Statinary) H Unmarked Car, Mving Radar (Statinary) I Marked Car, Mving Radar (Mving) J Unmarked Car, Mving Radar (Mving) K Aircraft Assist L Mtrcycle M Marked, Off Duty N Unmarked Off Duty O Ft Patrl P Munted Patrl Q Unmarked Car, Statinary Laser S License Plate Recgnitin Department f Transprtatin (DOT) Number The DOT number is Federally issued and fund n cmmercial vehicles. The Federal Mtr Carrier Safety Administratin (FMCSA) uses the number t track cmpliance. The DOT number is mst cmmnly fund n the dr f the cab f a truck (e.g. USDOT 12345). List the DOT number n the citatin when a cmmercial vehicle is being cited. Bx 15. Charge If the vilatin charged t the defendant is f a sectin f the law printed n the citatin, circle that charge. D nt write a narrative r descriptin in the space available fr writing a charge as it will nt be entered if a charge has been circled. The system will cnsider this t be a secnd charge and tw charges cannt be entered fr ne citatin. Only ne charge can be circled. If the vilatin is NOT printed n the citatin, determine if the charge is a vilatin f the: Transprtatin Article (Mtr Vehicle Law) and check the bx TA. Business Regulatin Article is nted by checking the bx BR. Lcal rdinance r public lcal law is nted by checking the bx LO. Maryland Regulatins are charged by checking the bx MR. Maryland Regulatins (MR) vilatins are generally nt identified by a title and/r subtitle, but merely by a sectin and/r paragraph number. This reference is t be indicated in the area nrmally used t specify the subtitle/paragraph. Yu must als enter the written charge. EXAMPLE OF MARYLAND CHARGING REGULATION: a Mtr Vehicle cntaining hazardus materials being perated near an pen fire. Check bx MR and write under subtitle and a under paragraph. NOTE: Many charges in this schedule cntain wrds within parentheses. Each wrd r set f wrds therein, separated by cmmas, is an ptin. When cpying a charge nt a citatin, yu must select frm these ptins the wrd (s) that reflect the apprpriate specifics abut the ffense.

12 Plicy 906 TRAFFIC CITATIONS Page 12 f 13 EXAMPLE: 3-112e (Sale, Purchase) f used vehicle nt title certified and registered. Chse either Sale r Purchase t indicate the nature f the ffense g (Displaying, Permitting t be displayed) reg. plate(s) issued (fr ther veh., t ther persn). There are tw requirements fr chice Displaying r permitting t be displayed and fr ther veh. r t ther persn. Bx 16. Amunt f Pre-payable Fine Check yur Schedule f Pre-Set Fines established by the District Curt f Maryland fr the prper fine, which includes csts. Be certain f this amunt, as the curt will ntify the defendant f any verpayment r underpayment. Bx 17. Ntice t Appear in Curt If the charge requires the defendant s appearance in curt, check the blck YOU MUST APPEAR WHEN REQUIRED BY THE COURT. Only charges that prvide fr a pssible jail term are Must Appear. If the charge is payable, check the blck Yu have the right t stand trial. Officer Signature The member must sign the citatin as well as print his/her name under OFFICER, enter the date the citatin was issued, and fill in the next line. Indicate the district and lcatin f the trial curt under Trial: District/Lcatin, then yur Agency, Sub-Agency, and ID/Sequence Number, if the member is required t be in curt. If the citatin is issued as a result f a radar speed check and the curt requires the appearance f the radar peratr and nt the issuing fficer, d NOT enter the Sequence Number number f the issuing fficer. The radar/breathalyzer peratr must sign their name and write their Agency, Sub-Agency, and ID # n the line indicated. District Lcatin Agency Wabash BPD 02 Patapsc 03 Nrth Avenue Sub-Agency Categries 5901 Central District 5902 Sutheast District 5903 Eastern District 5904 Nrtheast District 5905 Nrthern District 5906 Nrthwest District 5907 Western District 5908 Suthwest District 5909 Suthern District 5910 HQ Special Ops Sectin 5911 HQ Tactical Divisin

13 Plicy 906 TRAFFIC CITATIONS Page 13 f HQ Special Detail 5913 Public Husing Sectin 5920 Criminal Investigatins Divisin 5921 Labratry Divisin 5922 Prperty Sectin 5923 Central Recrds Divisin 5924 Cmmunity Outreach Divisin 5925 Persnnel Sectin 5926 Prfessinal Develpment and Training Academy 5927 Fiscal Services Divisin 5928 Internal Affairs Divisin 5929 Inspectins Divisin 5930 Legal 5931 Planning and Research 5932 Public Infrmatin 5933 Chief f Patrl Divisin 5934 Deputy Cmmissiner s Office- Operatins Bureau 5935 Deputy Cmmissiner s Office- Services Bureau 5936 Deputy Cmmissiner s Office- Administrative Bureau 5937 Organized Crime Divisin Radar/Breathalyzer peratr s name, Agency, Sub-agency, and ID number shuld be cmplete nly if the Radar peratr r Breathalyzer peratr is required t appear in curt. If the Radar peratr belngs t a plice agency different frm the issuing fficer s, then avid using radar slt n the frnt f the citatin. Rather, enter that ID, etc. n back with witnesses. Check the witness bx. Defendant Signature The defendant is required t sign at the line marked X. If the defendant refuses t sign, mark REFUSED. Yu may charge the defendant with refusing t sign via the issuance f an additinal citatin. NOTE: A defendant s refusal t sign a citatin des nt require a member t arrest the defendant. Writing REFUSED and serving the defendant with the citatin(s) is sufficient fr the driver t appear in curt.