LAKE CITY POLICE DEPARTMENT GENERAL ORDERS MANUAL

Transcription

1 LAKE CITY POLICE DEPARTMENT GENERAL ORDERS MANUAL SUBJECT CHIEF OF POLICE Traffic Law Enforcement Signature on File NUMBER 127 ISSUE DATE October 10, 2011 REVISION DATE TOTAL PAGES 7 AUTHORITY/RELATED REFERENCES Florida State Statutes ACCREDITATION REFERENCES CFA Ver. 4.0; 22.01, 22.03, 22.05, SUPPORTING FORMS KEY WORD(S) INDEX Policy Special Cases Written/Verbal Warning Driver License Re-Examination Referral Citation Off-Road Recreational Vehicles Physical Arrest Seat Belt and Child Restraint Violations Traffic Enforcement Tolerance and Latitude POLICY The enforcement of traffic laws is a basic responsibility of the police department. Uniform enforcement policies and procedures support the ultimate goal of traffic law enforcement, which is to achieve voluntary compliance with the laws by all motorists and pedestrians, consequently reducing crashes. The responsibility for enforcing traffic laws and regulations is shared by all uniformed patrol personnel. The role of the patrol officer is to observe, detect, and prevent violations of traffic laws and to take appropriate enforcement action when violations are observed. Patrol officers are responsible for responding to traffic complaints within their district and zones. In addition, specialized units are responsible for enforcing violations which they may observe. 10/11 CHIEF ARGATHA GILMORE 1

2 Enforcement policies should not replace the individual officer's discretion. Enforcement actions should be based upon a combination of professional judgment, training, and experience in addition to written policy and procedure. All on-duty patrol officers shall take the appropriate enforcement action for each violation of traffic law witnessed or reported to them. All enforcement actions shall be accomplished in a firm, fair, impartial, and courteous manner using one of the following three methods: 1. Written/Verbal Warning 2. Citation 3. Physical Arrest The Lake City Police Department does not recognize traffic quotas as a traffic enforcement incentive. The goal of traffic enforcement activities should be the reduction of crash and hazardous violators. All patrol officers are held to a standard to be proactive in traffic enforcement activities. PROCEDURES: I. Written/Verbal Warning A. A hand written or verbal warning are appropriate alternatives in response to minor infractions committed in those areas where traffic crash experience is minimal. Written warnings or verbal warnings are also appropriate for those violations which occur within the tolerances generally allowed by the department. An example would be speeding in excess of the legal limit, but less than that for which a citation would be appropriate II. Citation A. The traffic citation should be issued to those violators who jeopardize the safe and efficient flow of vehicular and pedestrian traffic, including hazardous moving violations, parking violations, and operating unsafe and/or improperly equipped vehicles. Citations requiring a mandatory court appearance must have the necessary paperwork attached III. Physical Arrest A. Persons charged with criminal traffic offenses should generally be released on a citation, as opposed to being taken into custody, unless one or more of the following conditions exist, in which case the violator may be taken into custody: 1. The offense charged is D.U.I. 2. The violator's license is suspended or revoked for a D.U.I. conviction, failure to 10/11 CHIEF ARGATHA GILMORE 2

3 submit to chemical test for intoxication, or as a habitual traffic violator. 3. The violator refuses or fails to sufficiently identify himself or supply required information. 4. The violator has no community ties to reasonably insure a court appearance, or there is a substantial belief the violator will fail to respond to the citation. 5. There is a reasonable suspicion the violator is wanted in another jurisdiction. 6. The violator has previously failed to respond to a citation. Discretion should be used when dealing with a violator who has failed to pay a single civil infraction penalty or for suspension for financial responsibility IV. Traffic Enforcement Tolerance and Latitude A. Uniform enforcement is a critical element of an effective traffic law enforcement program. Strict enforcement should be impartially administered and guidelines are provided to encourage all officers to enforce the same laws in the same manner. B. D.U.I. - All persons for which probable cause exists to charge with driving while under the influence should be arrested and charged according to the procedures of General Order 123, "Drinking and Driving; Underage Drinking." C. Speed Violations - Per state statute, warnings must be issued for speed violations up to and including 5 miles per hour over the posted speed limit. However, this does not preclude an officer from stopping such a violator for the purpose of issuing a warning due to special circumstances which may exist (i.e. traffic or environmental conditions, school zones, unsecured vehicle occupants, etc.) and justify a traffic stop. Speed violations 7 or more miles per hour over the posted limit in a residential neighborhoods and 10 miles per hour or more over in non residential areas should be stopped and warned or cited at the discretion of the officer. When deciding to issue citation/warnings for speeding violations, officers should consider the conditions listed below. These conditions, while not all inclusive, are designed to give some guidance to officers when determining what type of enforcement action should be taken. 1. Weather Conditions; 2. Traffic Conditions; 3. Traffic Crash Data; 4. Traffic Volume Reports; 10/11 CHIEF ARGATHA GILMORE 3

4 5. Roadway Conditions; 6. Citizen or Other Types of Complaints. D. Officers using radar or Laser must be certified operators by the Florida Criminal Justice Standards and Training Commission. E. Officers using the speedometer to establish probable cause to issue speed violation citations must pace the violator for a sufficient distance (minimum of 2/10ths of a mile) to insure an accurate speed determination. The patrol unit speedometer must have been calibrated within the past six months. F. Other Hazardous/Non-Hazardous Violations - Traffic citations shall be issued based upon probable cause, which satisfies the elements of the specific violation. Discretion should be used by officers in enforcing hazardous versus non-hazardous violations. Hazardous violations may justify a citation in many cases while a warning may be more appropriate for many non-hazardous violations. G. Hazardous violations are violations that expose a person or property to risk, loss or damage. Examples could include running a red light or stop sign, careless driving, speeding violations, child restraint violations, seat belt violations, and reckless driving. H. Non-hazardous violations are violations that are not likely to involve or expose persons or property to risk, loss, or damage. I. Equipment Violations - Officers may cite or warn for equipment violations (inoperative lamps, etc.). In most cases violators should be cited under Florida Statute which requires the defect to be repaired and carries a reduced fine. J. Public Carriers and Commercial Vehicles - Public carriers and commercial vehicles, including buses, taxis, limos, commercial trucks, etc., are subject to various laws and regulations not applicable to private vehicles. Officers should maintain a working knowledge of these specific laws and regulations. No special considerations should be given to public carriers and commercial vehicles in the enforcement of traffic laws. K. Multiple Violations - Officers should exercise discretion when dealing with multiple violations, generally ticket stacking is not appropriate. However, officers should be aware of the need to take proactive enforcement action for certain secondary citations. Citations issued for seat belt, driver license, and insurance violations are not considered excessive and do not constitute ticket stacking. Officers are encouraged to take the time to issue these secondary citations. 10/11 CHIEF ARGATHA GILMORE 4

5 L. Newly Enacted Laws and Regulations - Officers should consider issuing warnings for violations for any newly created statute or regulation when the violator appears unaware of the law or regulation. Generally, warnings should be issued during the first 30 days after the enactment of a new traffic statute or regulation. M. Suspended or Revoked Driver License - Current Florida law requires prior knowledge of a suspension to constitute a criminal charge. If the driver has prior knowledge (admission, prior arrest/citations for current suspension, or the suspension was court ordered) then the appropriate criminal charge should be made. N. Officers should consider that information on suspended or revoked driver licenses is obtained from automated computer files and may be subject to entry or cancellation errors. In circumstances where there is a question as to the actual status of the motorist's driving privilege, the violator should be released on a citation. Officers should compare the date of the suspension to the date of issue on the license to insure the suspension date is after the issue date. A suspension date which is before the issue date of the license may indicate the suspension has been cleared, but not removed from the computer V. Special Cases A. Non-residents, legislators, and military personnel committing violations of Florida traffic laws shall not be afforded special consideration and shall be warned, cited, or arrested as any other violator. Military personnel on active duty may be exempt from certain driver license regulations according to Florida law. B. The arrest and/or citing of foreign diplomats and consular officials shall be in accordance with the procedures established in General Order 153, Arrests. C. Juveniles charged with any violation of traffic laws except felonies are handled by county traffic court as any other traffic case. Juveniles charged with a felony traffic offense will be under the jurisdiction of the circuit court. Specific juvenile traffic procedures are contained in General Order 125, "Juvenile Civil Citation Program." VI. Driver License Re-Examination Referral A. Routine enforcement, crash reporting, and investigating activities may lead to the discovery of drivers who have suspected incompetence, physical or mental disability, disease, or other conditions that might prevent the person from exercising reasonable and ordinary care over a motor vehicle. 10/11 CHIEF ARGATHA GILMORE 5

6 B. A recommendation for re-examination must be based on an observed, obvious physical or mental condition. A person's age or lack of knowledge of traffic laws alone is insufficient grounds to justify re-examination. C. An officer who comes into contact with a person who should be re-examined should: 1. In crash cases, mark the appropriate block on the crash report and provide a sufficiently detailed explanation in the narrative citing those factors which indicate the necessity for re-examination. 2. When a traffic citation requiring a mandatory court appearance is issued, the request for re-examination should be made on the HSMV form 72419, citing the reasons for the recommendation. 3. In all cases (including payable citations), the request must be made by completing a "Re-examination Investigation" form (HSMV 72419) which is forwarded to the Department of Highway Safety and Motor Vehicles VII. Off-Road Recreational Vehicles A. As off-road recreational vehicles (i.e. dirt bikes, mini bikes, A.T.V.'s, go-carts, and go-peds) have become more popular, an increasingly large number of them are being used unlawfully on the traffic ways. Officers should be aware of all applicable laws and take the necessary enforcement action. The following options should be considered when dealing with off-road recreational vehicles: 1. Removal of unlicensed vehicles from the traffic way; 2. Using the least coercive among reasonable alternatives when dealing with juvenile offenders; 3. Preventing the misuse of public areas, parks, and trails; 4. Preventing the improper use of street and highway crossings; 5. Dealing attentively with citizen complaints of excessive noise, trespassing, and/or property damage VIII. Seat Belt and Child Restraint Violations A. Recognizing the important role seat belts and child restraint devices play in saving lives and reducing injuries, the Lake City Police Department has a preferred citation policy for these types of violations. Further, citations for this offense are not considered as stacking. 10/11 CHIEF ARGATHA GILMORE 6

7 B. Seat Belts - The current Florida seat belt statute is a primary violation. Enforcement action for the primary violation may result in either a warning or citation at the discretion of the officer. C. Child Restraint - A violation of the Child Restraint statute is a primary violation, thus an officer may stop a vehicle for the observed violation of this statute. 10/11 CHIEF ARGATHA GILMORE 7