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Sergeants Exam > 251 Specialized Traffic Enforcement > Flashcards

251 Specialized Traffic Enforcement Flashcards

1
Q

The Specialized Traffic Enforcement Unit is comprised of

A

2 DUI squads and 2 police motorcycle squads.

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2
Q

The primary function of the DUI squad is to

A

enforce DUI related traffic laws

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3
Q

The primary function of the Police Motorcycle squads are to

A
  1. reduce traffic fatalities through education and enforcement
  2. resolve traffic complaints
  3. assist with special events as needed
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4
Q

Office hours for DUI

A

7 days a week/ 1600-0325 hours

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5
Q

Office hours for Police motorcycle squad

A

Mon-Fri 0600-1900 (excluding holidays)

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6
Q

Officers contacting drivers who are exhibiting indicators of impairment by alcoholic beverages, any chemical substance, or controlled substances shall conduct an investigation to determine the degree of impairment and shall take appropriate action. When handling DUI violators, the officer shall:

A

Carefully note any erratic driving, traffic violations, and/or unusual driver actions to establish probable cause;

b. Exercise good traffic stop techniques, requesting a backup when needed;
c. Observe the driver’s physical condition noting such things as:

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7
Q

c. Observe the driver’s physical condition noting such things as:

A

(1) Odor of alcoholic beverages or marijuana;
(2) Disarranged hair or clothes;
(3) Slurred speech;
(4) Bloodshot eyes;
(5) Coordination (or lack of);
(6) Statements; and
(7) Other unusual actions.

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8
Q

If an officer is requested to conduct a DUI investigation based upon another officer’s observation of the offense, the officer called upon to assist the requesting officer _____ make the arrest.

A

can make the arrest

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9
Q

The ______ officer may take custody of the suspect and complete all processing in the same manner as if the officer had actually witnessed the offense.

A

responding

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10
Q

In the event an arrest is made under these circumstances, the ____ officer responding shall conduct all applicable field sobriety exercises and complete the required reports.

A

assisting

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11
Q

The officer who observed the offense shall be listed in the ____ section of the Arrest & Booking Report and will be responsible for ensuring that the uniform traffic citation(s) (UTC) for the initial infraction are issued or documented.

A

witness

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12
Q

Once the _____ officer makes the arrest, it becomes that officer’s responsibility to complete the processing of the suspect. Officers _____ transfer responsibility for the arrest multiple times.

A

assisting officer

shall not

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13
Q

The _____ will determine if the driver is ill, injured, on medication, or has a disease or physical and/or mental impairment not caused by alcoholic beverages any chemical substance or controlled substances.

A

officer

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14
Q

Officers are required by __(state statute)_____ to examine ANY person arrested who appears intoxicated or not in control of their physical functions for visible identification of a medical disability, which would account for the actions of the person (e.g., medical alert bracelet, necklace, etc.), and shall take immediate steps to aid the afflicted person in receiving medication or other treatment for his/her disability, if necessary.

A

F.S.S. 901.215

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15
Q

While maintaining officer safety, the officer shall conduct ____ for which they have been trained. Select a site which is ____ as possible.

A

Field Sobriety Exercises (FSEs)

safe, level, and as well-lit

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16
Q

If a suitable site is not available at the stop location, the investigating officer should transport the driver to the ___site.

A

closest, safe, suitable

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17
Q

Officers should conduct the FSEs for which they have been ___ and which are most appropriate for the circumstances, taking into consideration ___, ____, ____ and other factors, whether temporary or permanent in nature.

A

trained

age, weight, physical limitations

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18
Q

If the driver was involved in a traffic crash, advise the driver that you are ending the traffic crash investigation and beginning a ______ and advise the driver of his/her _____ at this time. This procedure is commonly referred to as ____ and it separates the ____ traffic crash investigation from the ____ DUI investigation.

A 
criminal DUI investigation
Miranda Rights 
“switching hats”
 civil 
criminal
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19
Q

A DUI arrest requires a ____ Central Communication Report (CCR) number than the traffic crash CCR number.

A

separate

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20
Q

After requesting the driver to perform FSE and the driver ____, advise the driver that refusal to submit to FSE may be used against him.

A

refuses

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21
Q

Document in the _____ of the Arrest & Booking Report that the driver was so advised;

A

narrative

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22
Q

A driver’s ____ to perform the FSE due to a physical incapacity or high level of impairment (i.e., unable to keep balance, falling, etc.) _____ constitute a refusal to perform the exercise

A

inability

does not

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23
Q

If the driver has proven to be a ____, or if the officer reasonably believes the driver poses a flight risk or an officer safety risk, the officer ____ choose not to perform certain FSE.

A

flight risk

may

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24
Q

If an officer makes an arrest and FSE were not performed, the reason should be explained within the narrative of their report.

A

were not

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25
Q

Explain and _____ each FSE to the driver. After determining that the driver understands what is expected, have the driver _____ the exercise. Detailed notes should be made at the time of ___ exercise describing exactly how the driver performed the exercise.

A

demonstrate
perform
each

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26
Q

The following are approved FSEs:

A

(1) “HGN;”
(2) “Walk and Turn;”
(3) “One Leg Stand;”

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27
Q

(HGN, Walk and Turn, and One Leg Stand are FSEs and are to be done in ____ each time

A

this order

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28
Q

It is recommended that prior to beginning a DUI investigation the officer advises the driver of his/her _____.

A

Miranda Rights

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29
Q

Officers trained in administering any other exercises may also utilize those in ____ with HGN, Walk and Turn, and One Leg Stand.

A

conjunction

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30
Q

Officers frequently must demonstrate FSE in ____. If an officer has a physical limitation that prevents the proficient demonstration of a particular exercise, that FSE ___ __ be used.

A

court

should not

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31
Q

Other exercises may include, but are not limited to the following:

A

(1) Romberg Balance;
(2) Romberg Alphabet; and
(3) Finger to Nose.

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32
Q

If _____ exists to support an arrest, the driver should be advised at this time that they are under arrest. If _____ does not exist, the driver should be released.

A

probable cause

probable cause

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33
Q

If the suspect was involved in a traffic crash and sustained injury which requires _____, then it will be the responsibility of the officer ____ the crash, or the officer on-scene who observed indicators of impairment to complete the ____ procedures out lined in this Order.

A

medical transport
investigating
blood testing

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34
Q

When issuing the Florida DUI UTC or standard UTC for DUI charges, it is imperative that the proper _____ be placed ___ the charge of DUI (F.S.S. 316.193). Enhanced penalties can be assigned according to the ___and/or the degree of injury suffered in traffic crash cases.

A

subsection
behind
BAC

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35
Q

F.S.S. 316.193 (1) - This section is used when a suspect is charged with _____ and no ____ or injury is sustained as the result of a traffic crash.

A

misdemeanor DUI

property damage

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36
Q

F.S.S. 316.193(3)(c)(1) - This section is used when a suspect is involved in a traffic crash with ______ or injuries. The suspect can be charged with a ______ for each vehicle. This section applies to ______ charges only.

A

property damage
separate count
misdemeanor charges

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37
Q

F.S.S. 316.193(3)(c)(2) - This section is used whenever a suspect is charged with a _____.

A

felony

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38
Q

In traffic crash cases where multiple vehicles are damaged, other property damaged and/or multiple individuals are injured, ______ charges may be made against a suspect.

A

multiple DUI

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39
Q

A ______ should be written for each individual injured or each vehicle or other property damaged, even though each was the result of the same crash.

A

separate citation

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40
Q

The description of the person injured or vehicle or other property damaged should be detailed in the __________ Pertaining to Offense section of each citation (i.e. injury to Victim Smith, damage to Victim 1’s vehicle, damage to city-owned street sign, etc.).

A

Description of Violation or Comments

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41
Q

In the ____ section of the Florida DUI UTC, enter a brief description of the vehicle(s) damaged or the name of the individual(s) injured.

A

comments

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42
Q

______ officers shall complete all applicable portions of the DUI Citation (all sections except the _________ sections) and sign the citation in the space provided for the officer’s signature.

A

Arresting

“Suspension of Driver’s License” and “Temporary License”

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43
Q

The Florida DUI UTC or standard UTC for DUI charges will be issued in all DUI arrests regardless of the individual’s _____.

A

BAC

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44
Q

Each count charged will be listed ______ on the Arrest & Booking Report or the Juvenile Arrest & Booking Report.

A

separately

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45
Q

DUI Citation from Breath Test Room

A
  1. Normal DUI Arrest
  2. Suspect is arrested for DUI and is Under 21
  3. Arrested with a CDL License in a non-commercial vehicle
    1. Suspect is transported to the Hospital, is immediately arrested and refuses to provide blood. See Note.
      Note: Also complete the DUI packet in the breath test room
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46
Q

UTC Written from Officer’s Ticket Book/Smartcop

A
  1. Suspect is transported to the Hospital, is immediately arrested, and consents to providing blood. See *Note and **Note.
    * Note: Write on UTC comment section “Pending Blood Kit Results.”
    * *Note: DUI packet in breath test room is completed after the blood results are returned and indicate a .080g/210L or above.
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47
Q

Under 21 Citation

A
  1. Suspect is Under 21 and is arrested for DUI and provides a breath sample between .020 and .079 g/210L.
    Note: Also issue the UTC for the DUI charge along with the Under 21 citation.
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48
Q

Notice of Commercial Driver’s License Disqualification

from Breath Test Room

A
  1. Arrested with a CDL license, driving a non-commercial vehicle and provides a breath sample of .080g/210L or higher. See Note.
    Note: Also issue the DUI citation along with the Notice of Commercial Driver’s License Disqualification
  2. CDL license, driving a commercial vehicle and refuses a breath, urine, or blood test. See *Note.
    *Note: If the suspect does not meet the requirements for arrest for DUI (F.S. 316.193) then the suspect is only detained for purposes for breath testing. Refer to section VII. Testing of Commercial Motor Vehicle Driver’s.
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49
Q

Juvenile arrest procedures for DUI are handled in the ____ manner as an adult in relation to completing ______, ________ and ______. For complete detailed juvenile procedures refer to ______ (Juvenile Enforcement Programs).

A

same
FSE’s, Arrest & Booking Report, and breath tests
Order 231

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50
Q

The following exceptions apply to juvenile procedures in DUI arrests:
Officers shall write _____ or ________ in the court information section of the citation for DUI and ALL other ______ involved in the DUI case;

A

“JUVENILE-COUNTY”
“JUVENILE-CIRCUIT”
traffic violations

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51
Q

The following exceptions apply to juvenile procedures in DUI arrests:
Officers shall obtain the appropriate ___ or _____ test from the juvenile at the Pretrial Detention Facility (PDF) as quickly as possible _____ transporting the juvenile to the Juvenile Processing Office at the PDF for finger printing and photographs;

A

breath or urine

before

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52
Q

Officers shall remain with the juvenile at ____ times while in the PDF; and Blood testing shall be done at _______, which has been defined to include hospitals, clinics, an ambulance, or emergency medical vehicle. For further blood testing procedures, refer to III.F. Blood Testing Procedures in this order.

A

all

medical facilities

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53
Q

If the suspect is a juvenile or is under 21 years of age, the arresting officer will complete the _________ packet if the juvenile provides a breath test between _________.

A

Under Age 21 Notice of Suspension

.020 g/210L and .079 g/210L.

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54
Q

The Under 21 packet includes the following:

(1) ______ Affidavit for Under Age 21 Suspensions;
(2) Affidavit of Probable Cause is completed by ____ officer;
(3) Under Age 21 Notice of Suspension (HSMV 72103) is completed by _____ officer;
(4) Driver’s license, if surrendered, will be ____ to the Notice of Suspension; and
(5) If the suspect blows ____ .080g/210L only the DUI Uniform Citation is required, and the officer does not complete the Under 21 packet.

A 
Breath Test Result
arresting
arresting
attached
over
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55
Q

If the suspect is___ 21 years of age and refuses to provide breath, urine, or blood then it is treated as a regular refusal and the Under 21 Packet is not completed.

A

under

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56
Q

Upon arrival at the PDF, notify the correctional officer working the _____ counter that the suspect is either an adult or a juvenile and is charged with DUI, so the suspect will gain priority admittance into the PDF.

A

Intake Transfer Release (ITR)

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57
Q

DUI suspects, with the approval of the _____, will be permitted to immediately proceed to the _____ prior to the submission of the Arrest & Booking Report.

A

ITR Sergeant

Breath Test Room

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58
Q

The arresting officer must request from the _____ conducting the test that a breath test be administered and/or a urine sample be collected. This request should be noted in the ______.

A

certified breath test operator

Field Sobriety Report.

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59
Q

Complete the ____ portion of all DUI citations issued. The arresting officer shall complete all applicable portions of the Florida DUI Uniform Traffic Citation. The arresting officer will sign his name in the appropriate space (The remainder of the citation will be completed by _____.

A

“charging”

the breath test operator

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60
Q

The traffic crash report requires the _____ and any ______ or the suspect’s refusal

A

DUI Citation Number

breath test results

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61
Q

Furnish the following reports to the breath test operator:

A

(1) The Arrest & Booking Report;
(2) The Field Sobriety Report; and
(3) All copies of the DUI UTC(s).

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62
Q

The arresting officer, _____ signing the original Arrest & Booking Report, will affirm by oath after raising his right hand that the information contained in the affidavit is the truth to the best of his knowledge. This oath will be given in the presence of any______ or ____ administering the breath test. This will also be noted on the _____ by checking the appropriate box.

A

before
law enforcement officer
correctional officer
Field Sobriety Report

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63
Q

A breath test will be conducted _____ upon entering the PDF and being searched by a correctional officer.

A

immediately

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64
Q

A suspect under arrest for DUI ______ be required to see the nurse prior to a breath test (unless any of the following circumstances exist, in which case the driver will not be admitted into the Breath Test Room without prior examination from a DOC Medical Personnel staff member):

a. The driver was placed in_______;
b. _____ was used on the driver;
c. A ____was used on the driver; and/or
d. The driver is in any ____ distress.

A

will not

hobble restraint
OC Spray
CEW
medical

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65
Q

After the breath test results are known, the _____ will complete the remainder of the DUI citation and issue the citation to the suspect.

A

breath test operator

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66
Q

Regardless of the suspect’s BAC, a Florida DUI Uniform Traffic Citation ____. If the suspect is eligible, a ____ temporary driving permit will be issued.

A

will be issued

ten-day

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67
Q

The breath-testing operator conducting the test will issue DUI citations:

(1) If the breath test results are greater than ____ a ten-day temporary permit is issued; and
(2) If the breath test results are less than .080 g/210L the suspect may retain his/her ____ and the bottom portion of the DUI citation will be _____.

A

.080 g/210L
driver’s license
crossed out

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68
Q

If the suspect is not eligible for a ten-day temporary driving permit, the _____ or _____ will mark the “No” box on the suspect’s copy of the Florida DUI UTC and write in the reason the temporary permit was not issued (e.g., license suspended, no driver’s license on record, etc.).

A

arresting officer or breath test operator

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69
Q

The arresting officer will leave all copies of the DUI citation in the _____. It will be the responsibility of the _____ to review the citations for completeness, accuracy, and legibility. Once the citations are approved, they will be forwarded to the_____.

A

breath test room
Implied Consent Sergeant
Citation Office

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70
Q

After all the documents relating to the arrest are complete, the suspect has a BAC of ._____ or higher, or the suspect ____ to submit to testing, the following reports will be placed in the ______ which is kept at the ______ of the PDF:

a. All remaining copies of the _______;
b. The copy of the Arrest & Booking Report;
c. A copy of the ______.
d. Florida Department of Law Enforcement (FDLE) ____;
e. The suspect’s driver’s license, if seized; and
f. If the suspect has more than one driver’s license in his/her possession ____ of the licenses will be seized, including out of state licenses.

A

080 g/210L
refuses
DUI Document Checklist Envelope (P-1674)
Breath Testing Room

Florida DUI UTC
Field Sobriety Report;
Form 14, Breath Test Result Affidavit
driver's license
all
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71
Q

If an arresting officer is contacted by the Implied Consent Sergeant because a packet is incorrect or incomplete, the _____ will correct the discrepancy.

A

arresting officer

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72
Q

When the level of impairment does not appear to correspond with the BAC results, consideration should be given to the possibility that it is the result of _______.The alcoholic beverage might have been used as a masking agent to cover the use of and impairment by any chemical and/or controlled substances.

A

Driving Under the Influence of Drugs (DUID).

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73
Q

If the driver’s BAC is below .080 g/210L and a higher level of impairment is indicated, the arresting officer will request that a _____ sample be obtained from the suspect for testing;

A

urine

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74
Q

If the suspect ______, the breath testing operator(s) will obtain a urine sample for later processing;

A

consents

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75
Q

If the suspect _____ to providing urine, it will be processed as a refusal to submit, even though he has already consented to and performed a breath test.

A

fails to consent

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76
Q

The arresting officer can request that a _____perform a DRE evaluation on the suspect if:

(a) The suspect ____ to the evaluation. If the suspect _____ there are no penalties; and
(b) The arresting officer has to _____ until the DRE arrives and then the arresting officer may be requested to remain with the DRE during the evaluation. The ____after consultation with the arresting officer will determine if a drug recognition evaluation is appropriate.

A

Drug Recognition Expert (DRE)

consents
refuses
remain at PDF
DRE

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77
Q

A list of qualified DRE’s will be maintained by the _____ of Specialized Traffic Enforcement Unit.

A

Commanding Officer

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78
Q

F.S.S. 322.2615, “Suspension of License; Right to Review,” provides that a law enforcement officer or correctional officer shall, on behalf of the ______ suspend the driving privilege of a person who has been arrested by a law enforcement officer for a violation of F.S.S. 316.193, relating to blood or breath alcohol level, or of a person who has refused to submit to a breath, or urine, test.

A

Department of Highway Safety and Motor Vehicles (DHSMV),

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79
Q

Upon arrival at the PDF, the arresting officer shall complete the Florida DUI Uniform Traffic Citation which is kept in the _____ at the PDF; arresting officers shall complete all applicable portions of the DUI citation (all sections except the “Suspension of Driver’s License” and “Temporary License” sections) and sign the citation in the space provided for the officer’s signature. _____ will complete the remainder of the DUI citation and issue the ten-day temporary permit, if applicable;

A

breath testing room

The breath-testing operator

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80
Q

The Florida DUI UTC will now be completed for all DUI arrests except when the driver is _______, and is immediately arrested for DUI and consents to provide blood then the DUI charge is written from the officer’s _______.

A

transported to a medical facility

regular citation book (Standard UTC);

81
Q

The citation along with all required reports, driver’s copies of citations for other violations, and any other pertinent information shall be relayed to the _____.

A

breath testing operator.

82
Q

The driving privilege of a motor vehicle operator who is impaired will be ______ by the arresting officer or breath test operator if the driver’s breath alcohol content (BAC) is .______ or if the driver_____ to submit to an approved breath or urine test.

A

immediately suspended
080 g/210L or higher,
refuses

83
Q

The suspect’s copy of the _______ will act as a ten-day temporary driving permit.

A

Florida DUI Uniform Traffic Citation

84
Q

On each subsequent Florida DUI UTC, mark ____ after “Eligible for Permit” at the bottom of the citation. In the “Reason” section, enter _______.

A

“NO”

“Ten Day Permit Previously Issued.”

85
Q

Individuals who are eligible to receive a ten-day temporary license may be issued one by the______ or_____r conducting the breath test. Eligibility requirements are as follows:

a. The suspect has a current valid driver’s license that is not under _____or revocation; and
b. The suspect has not been issued a previous ____ or____ driving permit after 10-01-90.

A

arresting officer or the breath test operator
suspension
seven or thirty day

86
Q

When drivers of motor vehicles arrested for DUI, refuse an approved test, or have a BAC of .080 g/210L or higher, and claim to have a valid driver’s license but it is _______, the arresting officer must verify that the suspect DOES NOT have a valid driver’s license (Example: National Crime Information Center [NCIC]/Florida Crime Information Center [FCIC] computer check reveals that the driver has never had a license issued, the license is under suspension or revocation, etc.). If the operator of the motor vehicle is ineligible, a ten-day temporary driving permit ______.

A

not in their possession

will not be issued.

87
Q

The arresting officer shall conduct a driver’s license check on the suspect ____ to issuing a temporary driving permit. The results of the suspect’s driver’s license status will be conveyed to the breath test operator processing the suspect.

A

prior

88
Q

A driver who has been issued a ten-day temporary permit as described above has the right to request a hearing before a_______ to contest the suspension.
The hearing can be either informal, which ____ require any action on the part of the arresting officer, or a formal hearing, during which the arresting officer and other witnesses may be ____ to give testimony.

A

DHSMV hearing officer
does not
subpoenaed

89
Q

F.S.S. 322.2616 makes it unlawful for a person under the age of 21 to have greater than .020 grams per 210 liters or higher breath alcohol level and drive or be in actual physical control of a motor vehicle.

A

020 grams per 210 liters

90
Q

A law enforcement officer who has ______ to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any blood-alcohol or breath-alcohol level may ______such a person and may request that person to submit to a test to determine his or her blood-alcohol or breath-alcohol level.

A

probable cause

lawfully detain

91
Q

A violation of F.S.S. 322.2616 is not a _____or_____ and being detained for the purpose of consenting to a breath test does not _____. Under the guidelines of F.S.S. 322.2616, if the breath sample yields a breath alcohol level in excess of .080, the charge ______ be changed to F.S.S. 316.193, DUI.

A

traffic infraction or criminal offense
constitute an arrest
cannot

92
Q

Only police officers who have been trained will conduct breath alcohol tests using the _____ equipment.

A

portable breath testing (PBT)

93
Q

If there is a backlog of zero tolerance suspects, or the officer is not equipped with a PBT, the _____ can transport the suspect to the juvenile processing area at the PDF for breath testing.

A

detaining officer

94
Q

The _____ police officer will remain with the driver at all times while in the secure area of the facility. Under no circumstances will persons detained under the guidelines of F.S.S. 322.2616 be placed in a holding cell;

A

escorting

holding cell

95
Q

All persons detained will be searched_____ to the breath test. All personal property will be placed in a brown paper bag and will be given to the _____

A

prior

escorting police officer

96
Q

If the driver is a _____, notify the correctional officer working the ITR counter that the driver is a juvenile and_____, but requires a breath test for possible Under Age 21 Suspension of their license.

A

juvenile

not under arrest

97
Q

When conducting a breath test with PBT equipment, the ______will ask the driver if he/she is willing to take the approved chemical test for the purpose of determining his/her alcohol content. Once the driver agrees to submit to the test, the police officer will, without unnecessary delay, begin the _____ period immediately followed by the testing procedure as outlined:

A

detaining police officer

20-minute observation

98
Q

20-minute observation period);

(1) Ensure that the driver does not ____ anything; and
(2) Ensure that the 20-minute observation period is re-started in the event the driver ______ during the initial 20-minute observation period prior to the breath test.

A

ingest

regurgitates

99
Q

Finish the required 20 minute observation period and start the test, using the _______;
c. Obtain ____ with the portable breath-testing instrument;
d. Complete the_______); and
If the driver refuses to submit to the breath test or refuses to provide two breath samples, the driver will be processed as a refusal. The police officer will complete the ______.

A

PBT checklist form

two breath samples
Under Age 21 Notice of Suspension (HSMV 78103

Refu.sal Affidavit Form

100
Q

Police officers will inform persons under the age of 21 that are having their driver’s license _____ that they will be issued a ______, but the permit will not become effective until _____ have elapsed.

A

suspended
ten-day temporary permit

twelve hours

101
Q

The police officer will ensure that the language on the bottom of the citation reads as follows: “Unless ineligible, this citation shall serve as a temporary driver’s license and will expire at _____ on the ____day following the date of the issuance of this notice.”

A

midnight

tenth

102
Q

The police officer will insert the following documentation in the Zero Tolerance Under the Age of 21 Checklist Envelope (P-0203) that will be forwarded to the _______ via the box designated in the breath
test room:
a. Portable breath testing equipment checklist;
b. Breath Test Result Affidavit for Under Age 21 Suspensions;
c. Affidavit of Probable Cause;
d. Under Age 21 Affidavit of Refusal to Submit to Breath Test, if applicable;
e. Under Age 21 Notice of Suspension (HSMV 72103); and
f. Driver’s License, if surrendered will be attached to the Notice of Suspension.

A

Implied Consent Sergeant

103
Q

PBT instruments will be calibrated each_______. The police officers will deliver their assigned PBT instruments to the Implied Consent Sergeant or the Administrative Implied Consent Officer the ________ in order to check the calibration of the instrument.

A

calendar month

first week of each month

104
Q

The arresting officer will complete a Florida DUI UTC and mark the box for refusal. The suspect will be given his/her copy of the citation, which will act as a _____ driving permit.

A

ten-day temporary

105
Q

If a suspect refuses the breath or urine test and has a _______ on their driving record for Refusal to Submit to Breath/Urine, the officer shall place an additional charge on the suspect for F.S.S. 316.1939 Criminal Refusal (Post Arrest).

A

prior suspension

106
Q

If a suspect refuses the blood test, a blood test refusal will not result in a _____ of Refusal to Submit to Breath/Urine, even if the suspect has a prior refusal on his driving record for Refusal to Submit to Breath/Urine/Blood.

A

criminal charge

107
Q

If the suspect refuses to provide ____ it is treated the same as if the suspect refused to provide a breath test. Except, it is the arresting officers responsibility to complete the DUI Document Checklist with the following:

(1) Copy of DUI citation;
(2) Copy of Arrest & Booking Report with original signatures;
(3) Copy of Field Sobriety Report;
(4) Affidavit of Refusal to Submit (HSMV 78504). This form is filled out by the officer who requested the suspect to provide blood and received the refusal;
(5) Suspect’s driver’s license if seized; and
(6) Copy of Constitutional Rights and Implied Consent Form (P-0035). This form in a blood kit scenario will only be used if voluntary consent is denied and Implied Consent is to be read. The officer should line through the rest of the form and indicate “not applicable” on it.

A

blood

108
Q

The completed package will be placed in the box in the ______designated for the collection of DUI packets.

A

Breath Test Room

109
Q

In addition to the breath test, if the suspect requests a blood test, this test will be conducted at _____ Officers shall refer to Corrections Order 04.04 (Blood Alcohol Testing), for further details.

A

his/her expense.

110
Q

If an investigating officer determines the crash being investigated involves life threatening injuries or death, _____ will be called (unless the investigation is turned over to Florida Highway Patrol), and the _____ will direct the drawing of the blood.

A

Traffic Homicide

Traffic Homicide investigator

111
Q

If the injuries are not life threatening, and no death is involved, then having blood drawn will be the responsibility of the _____. The blood kit may be utilized by the officer that is conducting the traffic crash investigation, or by another officer who is assisting the investigating officer. When in doubt, the final decision will rest with the _____or_____).

A

investigating officer.

Traffic Homicide Detective or the Assistant State Attorney (ASA

112
Q

The officer must determine whether there is _____ to believe that the suspect was driving, or in actual physical control of a vehicle, while under the influence of alcoholic beverages any chemical substance or controlled substances.

A

probable cause

113
Q

If probable cause _____, the suspect is not injured, and no one involved in the crash suffers serious injury or death, then normal breath-testing procedures should be used.

A

does exist

114
Q

If the suspect has been injured, and/or is taken to a medical facility (medical facility has been defined to include hospitals, clinics, an ambulance, or emergency medical vehicle) for treatment, and no one else is injured seriously or is dead, drawing the suspects blood needs to be ______:

(1) If the suspect is _____, the investigating officer will ask the suspect for a voluntary blood sample and advise them refusal may be used against them in court.
(2) If the suspect is conscious, but suffering from serious bodily injuries, and he/she refuses to give a blood sample, blood for the blood kit ______ and hospital staff will _____ to draw blood.

A

addressed
conscious
will not be forcibly take
not be directed/requested

115
Q

The investigating officer will ask the suspect for a voluntary blood sample and, if they refuse, read them ______ regarding blood refusals on the Constitutional Rights and Implied Consent Form (P-0035).

A

Implied Consent

116
Q

If the suspect is involved in a crash wherein other persons are seriously injured or killed, the ____or____ should first ask the suspect for_____ in order to draw a blood sample.

A

investigating officer or Traffic Homicide Detective

consent

117
Q

If the suspect freely and voluntarily consents to provide the blood test sample via a blood draw, a search warrant _______ and Implied Consent should ___ at any stage of the process.

A

is not necessary

not be read

118
Q

If the suspect refuses, the investigating officer or Traffic Homicide Detective should contact the ____ and request a warrant. A search warrant should only be requested when there is probable cause for a ______;

A

SAO

felony offense

119
Q

The suspect’s refusal, and the ______ required to obtain the blood sample ____noted in the reports.

A

amount of force

should be

120
Q

If the suspect is ____ or otherwise incapable of refusal, it is presumed that he/she does not consent to the taking of the blood sample. The investigating officer or Traffic Homicide Detective should contact the SAO and request a _____. A search warrant should only be requested when there is ____e for a felony offense.

A

unconscious
warrant
probable cause

121
Q

Once the decision to draw blood has been made, the following procedures should be utilized:
a. The officer should check with the ______to see if a blood kit is available. If there are no blood kits at the hospital the officer should notify his_______. The supervisor will make arrangements to have the blood kit picked up at the ______, or obtained from a Crime Scene Detective and transported to the investigating officer;

A

hospital
supervisor.
Property & Evidence Facility

122
Q

Only ____ blood kit should be used

A

one

123
Q

The _____ should keep the suspect under constant observation. The exception to this is when it is necessary for the suspect’s treatment or if the suspect is of the ______ and the situation requires a certain amount of privacy for the suspect. If this is the case, then the officer should stay as close as is reasonable to the suspect.

A

investigating officer

opposite sex

124
Q

The blood must be drawn at the request of______.

A

the officer

125
Q

The ___ should arrange to have the appropriate medical personnel ready to draw the blood when the kit arrives;

(1) Physician;
(2) Certified Paramedic-A Certified Paramedic and Emergency Medical Technician (EMT) are not the same. EMTs should not be used to draw blood samples in a DUI investigation. (See Appendix A);
(3) Registered Nurse;
(4) Licensed Practical Nurse;
(5) Other personnel authorized by a hospital to draw blood;
(6) Licensed clinical Laboratory Director, Supervisor, Technologist, or Technician.

A

officer

126
Q

When the blood kit arrives, the officer should inspect it to make sure that it is _____, the seal has not been broken, the kit has not been tampered with, and all of the parts and paperwork are present. The ____ should also be checked. If the kit has been tampered with or the kit is out of date, then another kit must be obtained.

A

intact

expiration date

127
Q

The ______ personnel should make sure that the kit shows no signs of tampering and is in date before it is released. This is to make sure that there is no undo delay in the blood drawing;

A

Property & Evidence Facility

128
Q

The officer will examine _____ of the Blood Collection Form (found inside the blood kit) to make sure that all of the appropriate steps are followed during the blood drawing procedure;

A

section four

129
Q

The officer should have the suspect sign the_____ of the Blood Collection Form)

A

Consent Section (section five

130
Q

If the driver does not consent, refuses to sign, or is unable to sign, ___ the appropriate box.

A

check

131
Q

The____ will hand the person who is drawing the blood the packet that contains the ____ that is supplied in the kit;

A

officer

non-alcoholic swab

132
Q

(1) This swab should be used by that person to clean the appropriate skin area ____ to the insertion of the needle;
(2) The swab may be ____ after use and need not be returned to the kit;
(3) The foil package that contained the swab should be placed _____;
(4) The____ on this package will show what type of swab was used if the question arises at a later time; and
(5) If for some reason another skin area needs to be swabbed, make sure that a ____ is used.

A 
prior
discarded
back in the kit
 label
non-alcoholic solution
133
Q

There are ___ ___ vials in the kit. Two vials are found in the ___ ___. The third vial is contained in plastic bubble wrap and marked _____. This CONTROL vial ____ ___be used in any way. It should simply be left in the kit and not removed

A

three glass
inner box
CONTROL
should not

134
Q

The two vials in the inner box are used for the purpose of The two vials in the inner box are used for the purpose of _____ _____ _____.

A

collecting the blood

135
Q

The officer should hand the person drawing the blood the ______.

A

needle assembly

136
Q

The needle comes encased in a ______ ___ ___. The person _____ will screw this into the short plastic tube. The plastic cover _____be removed until it is ready to be inserted into the suspect. In some cases, the_____or_____ personnel may supply their own needle assembly

A

plastic protective cover
drawing the blood
should not
Fire Department or medical facility

137
Q

The officer should hand one of the glass vials to the person drawing the blood;

(1) The glass vial should not be completely inserted into the assembly until after the needle has been ____ ____ ____; and
(2) The glass vial has a ______ inside, which it will lose if it is completely inserted prior to the needle being inserted under the skin.

A

pushed under the skin
vaccuum
two-thirds, and three quarters

138
Q

The officer will ____ the blood drawing and will ensure that the vial is filled to a level of between ____and____ of capacity;

A

observe

two-thirds, and three quarters

139
Q

When the vial is filled to this point (two-thirds, and three quarters), it should be ____ from the needle assembly and _______;

(1) He should mix the blood and the anti-coagulant by gently rocking the vial back and forth at least ______. ______ shake the vial vigorously;
(2) The officer should hand the person drawing the blood the ______ vial. The blood drawing should be handled in the same manner as with the first vial;

A 
removed
handed to the officer
ten times
Do not
second
140
Q

Both vials should be returned to the kit _____ to prevent accidental breakage;

A

as soon as possible

141
Q

You should now have _____ with blood in them, and a ____ vial that has not been tampered with.

A

two vials

CONTROL

142
Q

The officer should place his ____ on the vials containing the blood

A

initials

143
Q

If the blood drawing is being handled in a hospital, the needle should be disposed of by the_______. They should follow the hospital rules for the disposal of medically hazardous waste

A

person drawing the blood

144
Q

If the blood drawing is not done at a hospital, and there is no safe means of disposing of the needle, the person drawing the blood should place the _____ back over the needle. Under no circumstances should an unprotected needle be passed from one person to another. Once the needle has been secured and made safe, it may be returned to the kit

A

protective cover

145
Q

The officer should ensure that the person that withdrew the blood signs the FDLE “Certification of Blood Withdrawal” form in ______.

A

Section Three

146
Q

The kit should not leave the _______ of the officer until it is placed in the Property & Evidence Facility;

(1) The officer should now fill out the ______ that are marked Specimen Label; and
(2) The labels should be peeled off of the wax paper backing and placed over the rubber stopper in the ____of the vial. The center of the adhesive side of the label should be placed on the _______. Each side of the label should be folded down the sides of the vial to_____the stopper

A 
immediate possession
two red and white labels
end 
end of the stopper
 seal
147
Q

The officer will then finish filling out the following:

(1) BLOOD COLLECTION FORM is completed and is not sealed inside the ______. The blood collection form will be a ______ into evidence;
(2) _____ the EVIDENCE labels;
(3) Complete the INVESTIGATING OFFICERS REPORT (on the top of the inner box). Only the _____ of the INVESTIGATING OFFICERS REPORT should be completed;
(4) The BLOOD COLLECTION KIT (inner box) should now be sealed with an EVIDENCE label, and placed back inside of the ______ box

A 
blood kit.
separate entry
initial
top half
BIOLOGICAL SPECIMEN
148
Q

The _____ label will be used to seal the BIOLOGICAL SPECIMEN (outer box) box.

A

last EVIDENCE

149
Q

The officer should follow the appropriate procedures for the disposition of the suspect. It is preferable to place _____ against the suspect at this time

A

no charges

150
Q

If possible the officer should leave the suspect at the _______. Once the results of the blood test comes back from FDLE, the officer can take them, and all other related paperwork, to the_______ and obtain a warrant for the arrest of the suspect

A

hospital

State Attorney’s Office (SAO)

151
Q

Traffic citations for any traffic infractions in relation to the incident should not be issued until the suspect is ______ or the investigation is completed;

A

arrested

152
Q

There are exceptions to this procedure to when a suspect can be immediately arrested at the time of the blood draw if sufficient probable cause exists;

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.

153
Q

If there are charges that are not related to the DUI investigation, or there is an existing warrant or capias for the suspect, he ____ arrested on those charges;

A

should be

154
Q

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

A

On-call State Attorney

immediate supervisor

155
Q

Once the officer is done at the medical facility, he should place the blood kit and the Blood Collection Form into the _______.

A

Property & Evidence Facility

156
Q

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

A

separate bags

157
Q

The Property & Evidence Facility personnel should be directed to put the bag containing the blood kit in ______. If urine was obtained, it should stay with the _____.

A

refrigeration

blood kit

158
Q

The officer will fill out an _____ at the property room when submitting the blood kit.

A

FDLE request form

159
Q

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

A

FDLE

160
Q

The ____ will then inform the SAO of the results and attempt to retrieve a warrant if no arrest has been made to this point.

A

officer

161
Q

The officer responsible for the traffic crash report investigation or incident should _____ the investigation pending the return of the blood kit results. Once the blood kit results are returned, the officer will complete a _____ with the results

A

suspend

Traffic Crash Update Report

162
Q

Once the blood kit results are returned, the ______will go to the SAO to obtain an arrest warrant if appropriate based on the results.

A

investigating officer

163
Q

Copies of the following should be provided to the ASA when obtaining a warrant for DUI.

A

(a) Copy of FDLE toxicology report;
(b) Copy of the Blood Collection Form;
(c) Any copies of traffic crash reports and updates;
(d) Copy of the Field Sobriety Report; and
(e) Any copies of information reports or any other reports involving incident.

164
Q

If an arrest warrant is issued, the investigating officer’s ___and____ should be written in red on the bottom of the warrant to ensure the notification of the investigating officer.

A

name and contact number

165
Q

The investigating officer will complete a uniform traffic citation for any criminal traffic offense, including DUI, ____ the warrant has been approved by an ASA

A

after

166
Q

(i) The officer will place the date the warrant was obtained and SA number in the _____ of the citation (e.g., Warrant obtained on 07/06/17; SA# 09-123456);
(ii) The officer will leave the violator signature blank and retain the ______ for their records;
(iii) The original and all other copies of the citation will be placed in the state attorney file; and
(iv) Electronic citations will not be used.

A

court section

pink copy

167
Q

Officers should not write a _____ when a warrant is issued, but should instead write a ____ with the charge of DUI. The reason for this procedure is that issuance of a DUI citation actually _____ the offender’s license and therefore must be given to the offender in person so they have notice of the suspension;

A

DUI citation
standard UTC
suspends

168
Q

When the suspect is arrested the investigating officer is to complete the DUI Document Checklist in the Breath Testing Room with the following:

A

(i) Copy of Arrest & Booking Report with original signature and notarized;
(ii) Field Sobriety Report;
(iii) Copy of FDLE Form 11 (Certification of Blood Withdrawal);
(iv) Copy of Rights and Questionnaire Form (P-0035). This form is kept in the breath testing room and if not applicable line through the form indicating “not applicable;”
(v) Copy of citation; and
(vi) Copy of Blood Test Result Affidavit.

169
Q

In cases where an immediate arrest is made in relation to a Blood Kit, the arresting officer will:

A

If the suspect consents to providing blood, issue a Standard Florida UTC for DUI and write on the citation “Pending Blood Results;”

(1) The arresting officer WILL NOT issue a ten-day temporary driving permit. After the blood results are returned and forwarded to the DHSMV by the investigating officer through completion of the DUI Document Checklist Envelope (P-1674), the Driver Improvement Office will initiate the suspension of the suspect’s driver’s license;
(2) Do not seize the suspect’s license; and
(3) If the suspect refuses to provide blood the citation is written on the DUI UTC and follow procedures listed in this order. Suspect Refuses to Submit.

170
Q

In the instance that the suspect is immediately arrested for DUI and consented to providing blood, the officer will return to the PDF and complete the DUI Document Checklist Envelope (P-1674) with the following items:

A

(1) Copy of the Citation for DUI;
(2) Notarized copy of the Arrest & Booking Report;
(3) Original Field Sobriety Report;
(4) Certification of Blood Withdrawal Form; and
(5) The Constitutional Rights and Implied Consent Form (P-0035) is filled out only in the instance of breath testing by the officer or correctional officer administering the breath test, but still include the form in the packet. In DUI situations when a blood kit is used, this form will only be used for Implied Consent and the officer can line through the rest of the form and indicate on it “not applicable.”

171
Q

Investigations where the driver is immediately arrested, the investigating officer will complete the _____ (P-1674), and place the envelope and contents in the Property & Evidence Facility. This documentation will be classified as_____ on the Property Storage Card when placed into the Property & Evidence Facility. JSO will be listed as the ______.

A

DUI Document Checklist Envelope
evidence
owner

172
Q

When the test results are obtained from the FDLE Crime Lab and the suspect’s BAC is ______, remove the DUI Document Checklist Envelope (P-1674) from the Property & Evidence Facility; The investigating officer will immediately take the envelope to the _____ at the PDF and place a copy of the blood results in the packet; The Implied Consent Sergeant in charge of implied consent will be responsible for forwarding the envelope to the ______.

A

.08 g/100 milliliters or higher
Breath Test Room
Driver Improvement Office

173
Q

If the suspect’s BAC is below .080 g/100 milliliters, it is ______ to forward the DUI Document Checklist Envelope (P-1674) to the Driver Improvement Office. The officer may request that the envelope and contents be ______according to the Property & Evidence Facility procedures.

A

not necessary

destroyed

174
Q

If an arresting officer is contacted because a packet is incorrect or incomplete, every effort will be made to cooperate with the ______to correct the discrepancy. The Implied Consent Sergeant will forward the package to the ______.

A

Implied Consent Sergeant

Driver Improvement Office

175
Q

In most cases, probable cause to draw blood will exist and an arrest _____ be made until the results of the blood test are obtained from the FDLE Crime Lab.

A

will not

176
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:

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.

177
Q

If an officer has ______ 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 ___, ___or____. It is ______ that the officer make an arrest prior to requesting the test.

A

reasonable
breath, urine, or blood test
not necessary

178
Q

F.S.S. 322.62, “Driving Under the Influence; Commercial Motor Vehicle Operators” provides that:
A person who has any alcohol content in his/her body _____ or be in ______of a commercial motor vehicle in this state. A violation of this section constitutes a ______; and
b. This section does not supersede F.S.S. 316.193. Nothing in this section prohibits the arrest or prosecution of a person who drives a commercial motor vehicle for DUI of alcohol or a controlled substance whether or not such person is also prosecuted for a violation of this section.

A

may not drive
actual physical control
moving violation

179
Q

Enforcement procedures and options are as follows

A

a. If an officer requests a commercial motor vehicle operator to submit to a breath test, the officer shall transport the operator to PDF for the test to be administered. If the operator does not meet the requirements for arrest under the DUI Statutes (F.S.S. 316.193), the operator is only being DETAINED for breath testing purposes;
b. Upon arrival at the PDF, notify the correctional officer at the ITR Control Center, located inside the sally port, that you have a commercial operator detained for the purpose of breath testing. The officer will not need to obtain a docket number upon entrance to the facility, as with a DUI arrest, unless the operator is actually under arrest. This will ensure priority admittance into the facility

180
Q

Once inside the breath testing room, the _____ will be followed as if the officer had made an arrest for DUI. However, the ______ of the breath test will determine the officer’s enforcement action. For this procedure, the officer____ for the breath test results

A

same procedures
results
must wait

181
Q

Upon completion of the breath test, the officer will have the following options:

A

(1) If the test results are .000, no enforcement action is required unless there is evidence of DUI involving controlled substance. The operator shall be transported back to the location where originally detained;
(2) If the test results are .010 to .039, the officer shall issue a UTC for violation of F.S.S. 322.62, which is a moving violation;
(a) The officer shall, in addition to issuing the citation, advise the operator not to operate a commercial motor vehicle for a period of 24 hours; and
(b) The operator shall be transported to a safe location within close proximity of where originally detained.
(3) If the test results are .040 to .079, the officer shall issue a UTC in violation of F.S.S. 322.62, which is a moving violation; and
(a) Advise the operator not to operate a commercial vehicle for a 24-hour period.
(i) The 24 hour out-of-service period will begin on the date and time the notice is issued; and
(ii) Upon conviction of this violation, the operator is subject to a one year suspension of their commercial license

182
Q

After completing the necessary citation(s), the officer shall transport the _____ to a safe location within close proximity of where originally detained. The driver ____be returned to the commercial vehicle, especially if the vehicle is located on an interstate highway. To do so would afford the driver an opportunity to drive away and/or violate state law pertaining to pedestrian traffic on an interstate highway.

A

operator

should not

183
Q

If the test results indicate a BAC of .080 g/210L or higher, the officer may use these results as probable cause to make an arrest for DUI;

A

(a) The officer shall follow normal procedures for a DUI arrest;
(b) FSE shall be conducted; and
(c) The appropriate citations issued.

184
Q

The procedures for refusal to submit to a breath, urine, or blood test are as follows

A

1) Complete a Notice of Commercial Driver’s License Disqualification Form (HSMV 78005), which is kept in the Breath Testing Room at the PDF. This form shall be completed in its entirety;
(a) If a Uniform Traffic citation is issued for any violation, the violation and the citation number must be noted in the “Description of Facts” section of the notice; and
(b) 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. The out-of-service period will begin at the date and time the notice is issued.
(2) Complete the applicable DHSMV Affidavit of Refusal to Submit form; and
(3) Seize the driver’s commercial driver’s license.

185
Q

Once all documents related to the driver’s refusal are completed, the officer shall ensure the following items are placed in the Commercial Operator’s Document Checklist Envelope (P-1708). This envelope is kept in the breath testing room;

A

(1) The white copy of the Disqualification Notice (the driver is given the canary copy of the notice and the pink copy remains at the PDF);
(2) The Affidavit of Refusal to Submit; and
(3) The driver’s commercial driver’s license.

186
Q

The Commercial Operator’s Document Checklist Envelope (P-1708) will be completed prior to the officer leaving the PDF; and

A

(1) The officer shall present the completed package to the breath test operator in the Breath Test Room; and
(2) The Implied Consent Sergeant assumes the responsibility of forwarding these packages to the Driver Improvement Office as with completed DUI packages.

187
Q

If the operator of the commercial vehicle is not placed under arrest, the operator shall be _____.

A

released

188
Q

In order to alleviate undue delays in the breath testing of individuals suspected of DUI on Mayport Naval Base property, an ______ and _____are available on base. If the _____ and operator on the Mayport Naval Base are not available then normal _______arrest policies and procedures will take effect.

A

intoxilyzer instrument
intoxilyzer instrument
operator
JSO DUI

189
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 __________ which houses the Mayport Naval Base intoxilyzer instrument and the _____ will be notified.

A

DOD/Base Security building

Sheriff’s Office

190
Q

JSO personnel responding will affect the arrest, and the DOD officer detaining the driver will be listed as a ____on the Arrest & Booking Report.

A

witness

191
Q

The breath test will be administered by _____ and can be administered ____and prior to the approval of the Arrest & Booking Report.

A

DOD personnel

upon arrest

192
Q

In the event a urine sample is requested, DOD personnel will collect the sample and notify the Implied Consent Sergeant or designee immediately. The sample will remain with ____ until the Implied Consent Sergeant or designee of the Sheriff’s Office collects it at a later date.

A

DOD personnel

193
Q

Florida DUI Uniform Traffic Citations (HSMV-55904) books are available to Sheriff’s Office personnel in the breath testing room of the ____.

A

Mayport Naval Base

194
Q

Upon completion of all tests, officers will ensure that the following documentation accompanies the individual to the PDF:

A

a. The Arrest & Booking Report;
b. The Breath Test Result affidavit
c. The original Field Sobriety Report;
d. The original Rights and Questionnaire Form; and
e. The two white copies of the Florida DUI Uniform Traffic Citation.

195
Q

Sheriff’s Office employees will be responsible for transporting____and military dependents to the PDF. DOD personnel will transport all individuals, which are considered to be ____military.

A

civilians

active

196
Q

Officers must decide whether to park the violator’s vehicle at the scene, release it to a responsible party, or tow the vehicle. If these options are available and the driver is able to understand them they should be explained and the driver should be able to select which option is used. If the first two options are not available or the driver refuses to cooperate, the officer will impound the vehicle ____ a hold.

A

without

197
Q

If parked at the scene, all of the following conditions must be met:

A

(1) The driver must be in lawful possession of the vehicle;
(2) The driver, owner, or owner’s representative must agree to leave the vehicle at the scene and sign a signature form indicating agreement;
(a) If the violator is a juvenile, the officer should attempt to contact the registered owner (if other than the juvenile) and have him come to the scene and take possession of the vehicle;
(b) Efforts to contact the owner shall be documented in the narrative of the Arrest & Booking Report; and
(c) If the owner cannot be contacted, the juvenile may sign to leave or release the vehicle at the scene.
(3) The location where the vehicle is left is such that the vehicle will be reasonably safe from theft or damage; and
(a) Additionally, the vehicle must be legally parked not obstructing traffic;
b) Care should be taken not to interfere with private businesses if parking on their property; and
(c) A 24-hour sticker will be placed on the vehicle.

198
Q

If released to the owner or other responsible party, all of the following conditions must be met:

A

(1) The driver must be in lawful possession of the vehicle;
(2) The owner or responsible party to whom the vehicle is to be released must be present;
(3) The owner or responsible party must be fit to drive and have a valid driver’s license; and
(4) The officer must verify the identity and record the owner’s or responsible party’s name in the vehicle location section of the Arrest & Booking Report and have the owner or responsible party sign a signature form acknowledging receipt of the vehicle.
(5) The disposition reflecting release of the vehicle to a responsible party must be written in the narrative of the Arrest & Booking Report and signed for by the driver BEFORE the officer releases or leaves the vehicle.

199
Q

If towed, the following apply:

A

(1) The vehicle may be towed at the request of the driver, owner, or owner’s representative;
(2) The vehicle shall be impounded without a hold if:
(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.

Sergeants Exam (142 decks)

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