251 - Specialized Traffic Enforcement (2 of 2) Flashcards by g wood

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

at his/her expense.

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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.

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

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

investigating officer.

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

Traffic Homicide Detective or the Assistant State Attorney (ASA)

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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 _____);

one year

18 months

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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.

serious bodily injuries

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

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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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 _____.

SAO and request a warrant

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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.

consents

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

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

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

two-thirds, and three quarters

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

ten

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

FDLE “Certification of Blood Withdrawal” form

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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?

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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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 _____

suspect is arrested or the investigation is completed;

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

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

arrest on those charges;

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

On-call State Attorney

your immediate supervisor

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

separate bags

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

FDLE

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

suspend

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?

uniform traffic citation

State Attorney File

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

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;

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 _____

“Pending Blood Results;”

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

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?

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 _____

the DUI UTC | refusal

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

The Implied Consent Sergeant in charge of implied consent

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. 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.

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?

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 _____;

any alcohol content | moving violation

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

yes

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;

no enforcement action | controlled substance

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) 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.

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.

24-hour | one year

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 ____

DUI;

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 _____;

one year | permanent disqualification

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;

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

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.

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

What Naval Base has an intoxilyzer and operator

Mayport Naval Base

Mayport Naval Base intoxilyzer instrument is used when?

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

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?

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.

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

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

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

yes

Regarding towing an arrestees vehicle: | The vehicle shall be impounded without a hold if: (4)

(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.

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), _______

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

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.

evidence | Only officers with domain privileges

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.

six months | respective unit commanding officer

Who can view DUI case video?

Only individuals having an active role in the prosecution

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. 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.