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Smith - Order 251 v1 - Specialized Traffic Enforcement > 251 - Specialized Traffic Enforcement (2 of 2) > Flashcards

251 - Specialized Traffic Enforcement (2 of 2) Flashcards

1
Q

In addition to the breath test, if the suspect requests a blood test, this test will be conducted _____

A

at his/her expense.

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2
Q

If an investigating officer determines the crash being investigated involves life threatening injuries or death, _____ will be called and will direct the drawing of the blood.

A

Traffic Homicide will be called (unless the investigation is turned over to Florida Highway Patrol),

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3
Q

If the injuries are not life threatening, and no death is involved, then having blood drawn will be the responsibility of the _____

A

investigating officer.

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4
Q

Blood Kits: When in doubt, the final decision will rest with the _____ or _____.

A

Traffic Homicide Detective or the Assistant State Attorney (ASA)

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5
Q

If the suspect has been injured, and/or is taken to a medical facility and refuses a blood sample, his/her driver’s license will be suspended for _____ (if the suspect has previously had his/her license suspended for a refusal the suspension would be for _____);

A

one year

18 months

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6
Q

If the suspect is conscious, but suffering from _____, and he/she refuses to give a blood sample, blood for the blood kit may be forcibly taken.

A

serious bodily injuries

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7
Q

Florida State law defines serious bodily injury as a physical condition that creates a _____, _____ or _____

A

substantial risk of death
serious personal disfigurement,
or protracted loss or impairment of the function of any bodily member or organ

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8
Q

If the suspect is involved in a crash wherein other persons are seriously injured or killed, and the suspect refuses a blood draw, the investigating officer or Traffic Homicide Detective should contact the _____ and _____.

A

SAO and request a warrant

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9
Q

If the suspect is unconscious or otherwise incapable of refusal, it is presumed that he/she _____ to the taking of the blood sample by virtue of his acceptance of driving privileges.

A

consents

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10
Q

Who can draw blood for a blood kit? (6)

A

(1) Physician;
(2) Certified Paramedic
(3) Registered Nurse;
(4) Licensed Practical Nurse;
(5) Other personnel authorized by a hospital to draw blood; or
(6) Licensed clinical Laboratory Director, Supervisor, Technologist, or Technician.

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11
Q

Can an EMT be used to draw blood in a DUI investigation?

A

No

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12
Q

Regarding Blood Kits, the vial is filled to a level of between _____ and _____ of capacity;

A

two-thirds, and three quarters

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13
Q

The officer should mix the blood and the anti-coagulant by gently rocking the vial back and forth at least_____ times.

A

ten

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14
Q

The officer should ensure that the person that withdrew the blood signs the_____ in Section Three;

A

FDLE “Certification of Blood Withdrawal” form

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15
Q

Blood Draws: If possible the officer should leave the suspect at the hospital. Once the results of the blood test comes back from FDLE What will happen?

A

the officer can take them, and all other related paperwork, to the State Attorney’s Office (SAO) and obtain a warrant for the arrest of the suspect;

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16
Q

If a blood draw has been done and no arrest has been made, Traffic citations for any traffic infractions in relation to the incident should not be issued until the _____ or _____

A

suspect is arrested or the investigation is completed;

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17
Q

There are exceptions when drawing a blood kit and an arrest can be made immediately: (4)

A

(a) If the suspect has no ties to the jurisdiction;
(b) The suspect cannot be sufficiently identified;
(c) The suspect presents a flight risk; or
(d) The arrest is recommended by an ASA.

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18
Q

If there are charges that are not related to the DUI investigation, or there is an existing warrant or capias for the suspect, _____

A

arrest on those charges;

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19
Q

If there is any doubt as to whether or not the arrest should be made, the _____ should be contacted after notifying _____.

A

On-call State Attorney

your immediate supervisor

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20
Q

The blood kit and the Blood Collection Form should be placed in _____ and sealed with evidence tape;

A

separate bags

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21
Q

____will retrieve the blood kit, perform the necessary tests and contact the officer once it is completed.

A

FDLE

22
Q

The officer responsible for the traffic crash report investigation or incident should _____ the investigation pending the return of the blood kit results.

A

suspend

23
Q

The investigating officer will complete a _____ for any criminal traffic offense, including DUI, after the warrant has been approved by an ASA; The original and all other copies will be placed where?

A

uniform traffic citation

State Attorney File

24
Q

Why should you use a UTC instead of a DUI citation when a warrant is issued?

A

issuance of a DUI citation actually suspends the offender’s license and therefore must be given to the offender in person so they have notice of the suspension;

25
Q

When a suspect consents to a blood draw and an immediate arrest for DUI has been made in relation to a Blood Kit, the arresting officer will issue a Standard Florida UTC for DUI and write on the citation _____

A

“Pending Blood Results;”

26
Q

In the instance that the suspect is immediately arrested for DUI and consented to providing blood, is the suspect’s license siezed?

A

no

27
Q

In the instance that the suspect is immediately arrested for DUI and consented to providing blood, is the suspect issued a ten day temporary driving permit?

A

no

28
Q

In cases where an immediate arrest is made in relation to a Blood Kit, If the suspect refuses to provide blood the citation is written on ____ and it is treated as a _____

A

the DUI UTC

refusal

29
Q

_____will be responsible for forwarding the DUI Document Checklist Envelope envelope to the Driver Improvement Office.

A

The Implied Consent Sergeant in charge of implied consent

30
Q

For the purpose of this order the definition of a commercial motor vehicle will be as defined in F.S.S. 322.01. “Commercial motor vehicle” means any motor vehicle or motor vehicle combination used on the streets or highways, which: (5)

A

a. Has a gross vehicle weight rating of 26,001 pounds or more;
b. Has a declared weight of 26,001 pounds or more;
c. Has an actual weight of 26,001 pounds or more;
d. Is designated to transport more than 15 persons, including the driver; or
e. Is transporting hazardous materials and is required to be placard in accordance with Title 49 CFR part 172, subpart F.

31
Q

If an officer has reasonable cause to believe that an individual was operating a commercial motor vehicle with any alcoholic beverages any chemical substance or controlled substances in his/her body, the officer may request that the individual take a breath, urine, or blood test. Does an officer have to make an arrest prior to making this request?

A

No

32
Q

F.S.S. 322.62, “Driving Under the Influence; Commercial Motor Vehicle Operators” provides that a person who has _____ in his/her body may not drive or be in actual physical control of a commercial motor vehicle in this state. A violation of this section constitutes a _____;

A

any alcohol content

moving violation

33
Q

Can a suspect be prosecuted for F.S.S. 322.62, “Driving Under the Influence; Commercial Motor Vehicle Operators” and DUI?

A

yes

34
Q

F.S.S. 322.62, “Driving Under the Influence; Commercial Motor Vehicle Operators” If the test results are .00, _____ is required unless there is evidence of DUI involving _____. The operator shall be transported back to the location where originally detained;

A

no enforcement action

controlled substance

35
Q

If the test results are .01 to .03, the officer shall issue a UTC for violation of F.S.S. 322.62, which is a moving violation; (2)

A

(a) issue the citation, advise the operator not to operate a commercial motor vehicle for a period of 24 hours; and
(b) transported the operator to a safe location within close proximity of where originally detained.

36
Q

If the test results are .04 to .07, the officer shall issue a UTC in violation of F.S.S. 322.62, which is a moving violation; Advise the operator not to operate a commercial vehicle for a ____ period. (begins on the date and time the notice is issued). Upon conviction, the operator is subject to a _____suspension of their commercial license.

A

24-hour

one year

37
Q

If detaining an individual for F.S.S. 322.62, “Driving Under the Influence; Commercial Motor Vehicle Operators” and the test results indicate a BAC of .08 g/210L or higher, the officer may use these results as probable cause to make an arrest for ____

A

DUI;

38
Q

A commercial motor vehicle operator who refuses to submit to a breath, urine, or blood test after being requested to do so by a law enforcement officer will be disqualified from operating a commercial motor vehicle for a period of _____ for a first refusal and a second refusal arising from separate incidents shall result in a _____;

A

one year

permanent disqualification

39
Q

If a commercial operator refuses to submit to a breath, blood, or urine test, the officer shall complete a _____which is kept in the Breath Testing Room at the PDF. This form shall be completed in its entirety;

A

Notice of Commercial Driver’s License Disqualification Form (HSMV 78005),

40
Q

This notice will serve as a ten-day temporary driving permit and notification that the driver has been placed out-of-service for a 24 hour period.

A

Notice of Commercial Driver’s License Disqualification Form (HSMV 78005),

41
Q

What Naval Base has an intoxilyzer and operator

A

Mayport Naval Base

42
Q

Mayport Naval Base intoxilyzer instrument is used when?

A

Whenever Department of Defense (DOD) personnel suspect a person of DUI on Mayport property (including off-base housing areas),

43
Q

Whenever Department of Defense (DOD) personnel suspect a person of DUI on Mayport property (including off-base housing areas), the driver will be transported to the DOD/Base Security building which houses the Mayport Naval Base intoxilyzer instrument and the Sheriff’s Office will be notified. Who will affect the arrest?

A

Sheriff’s Office personnel responding will affect the arrest, and the DOD officer detaining the subject will be listed as a witness on the Arrest & Booking Report.

44
Q

Regarding towing an arrestees vehicle: Officers must decide whether to _____, _____ or _____

A

park the violator’s vehicle at the scene, release it to a responsible party, or tow the vehicle.

45
Q

Regarding towing an arrestees vehicle: can an arrestee vehicle be towed at their request?

A

yes

46
Q

Regarding towing an arrestees vehicle:

The vehicle shall be impounded without a hold if: (4)

A

(a) The owner is NOT present and the officer is unable to determine whether or not the driver is in lawful possession of the vehicle;
(b) The driver or other responsible party does not clearly understand the options available due to his/her intoxication or impairment;
(c) There is no responsible party present and the vehicle cannot be left at the scene because it is a traffic hazard or is in an unsafe area; or
(d) The driver refuses to sign the releasing statement or delays making the decision beyond a reasonable time.

47
Q

If the violator’s license is currently suspended, revoked, or cancelled as a result of a prior DUI conviction, the vehicle is, pursuant to F.S.S. 322.34(9), _______

A

subject to seizure and forfeiture under the provisions of the Florida Contraband Forfeiture Act.

48
Q

DUI recordings: All video recordings containing images, which will be used in the prosecution of a DUI case, shall be treated as _____ and uploaded to the secure remote video recording server via laptop using Wi-Fi at the sally port at the PDF. _____ can access the video recording server.

A

evidence

Only officers with domain privileges

49
Q

DUI recordings: In cases involving extenuating or special circumstances or cases that are expected to be extended _____ or more will be transferred to a DVD disk upon approval from the _____ and placed into the Property & Evidence Facility.

A

six months

respective unit commanding officer

50
Q

Who can view DUI case video?

A

Only individuals having an active role in the prosecution

51
Q

The video retention schedule, as per State of Florida General Records Schedule GS2, is as follows:

a. General recordings not involving an arrest: _____.
b. 1st Degree Felony arrest: _____.
c. 2nd Degree Felony arrest: _____
d. 1st Degree Misdemeanor arrest: _____
e. 2nd Degree Misdemeanor arrest: _____

A

a. 30 days
b. 7 years after offense committed
c. 6 years after offense committed.
d. 5 years after offense committed.
d. 4 years after offense committed.

Smith - Order 251 v1 - Specialized Traffic Enforcement (2 decks)

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