7.0 - Traffic Flashcards
Traffic Enforcement and citation Procedures
7.01 –Traffic enforcement and Citations procedures
content of the citation
- one 1 issuing off’s name on the face of the citation
- the officer who witnessed the violation id’s the violator and obtains written promise to appear
- officer name, id, command shit, beat
nots on citations SHALL be written on back - other officers present should be listed in notes
- ONLY EXCEPTION-when officer witnessing violation is not the issuing officer
Ex: officer at fixed post tells other officer to stop driver - “Rescue Mision, “Tansient” None- not allowed on citations (misdemeanor and traffic) –will be rejected by CA
–consider a physical arrest if there are offenses serious enough to justify it.
7.01 –Traffic enforcement and Citations procedures
Obtaining Citation Information
- ID numbers recited from memory and not in the poss of the defendant will not be entered on the citation
- including ss, out of state dl, mil id, CDL,
- id numbers received from the def which are not verified by an id card shall be lsted in the narrative portion of the citation
- Confirmation of cdl or ss number by a comm div dispatcher is sufficient to validate the defendants id
- if no id is available, officers will enter only “No Valid ID” in the box provided for the cdl number and or ss number do not use NIP
- multiple violations—if more than 4 use supplemental form
- if traffic infraction–circle the “I”
7.01 –Traffic enforcement and Citations procedures
only one type of doc to pros agencies
do not book someone for mis or felony and write citation
7.01 –Traffic enforcement and Citations procedures
Physical arrest for 148.9 for traffic - 31 VC
-10-16 for 148.9 will only be approved for charges arising from other than traffic incidents….use 31VC
7.01 –Traffic enforcement and Citations procedures
multiple violations
-multiple violations—if more than 4 use supplemental form
7.01 –Traffic enforcement and Citations procedures
Issuance of Notice to correct citation
- may issue a notice to correct during any accident inv or offense occurring in the officer’s presence for any of the following:
- -registration
- -license violation
- -mechanical requirements/equipment
7.01 –Traffic enforcement and Citations procedures
Owner responsibility citation
- arrest or issuance of a citation to the driver of a vehicle is prohibited unless the offense is clearly the driver’s responsibility
- -after completing the owner’s responsibility cite, the officer shall complete a proof of svc in triplicate
- original and a copy of the proof submitted as normal
- -copy of the proof of svc is mailed to the registered owner’s address
7.01 –Traffic enforcement and Citations procedures
Court preparation
- -officers shall obtain documents and prepare for court testimony in advance
- -officers shall have a copy f the original citation and the officer’s notes available from records
7.01 –Traffic enforcement and Citations procedures
Adult Field Release Citation- Non traffic
–persons arrested for misdemeanors SHALL be released with a written citation unless certain conditions apply per PC853.6 (listed on back of A8)
–legal requirements relating to the issuance of citiaotns are the same as those needed to justify a physical arrest
-misdemeanor must have been committed in the officer’s presence or a private citizen must make the arrest
–officer will normally issue a notice to appear citation to all adults arrested for any misd when the person arrested meets the following criteria:
1. provides satisfactory ID
2 subject has valid address in cali or metro TJ
**If cannot be issued citation, the 10-16 and book
***supplemental used to continue narrative (same info as crime report info)
7.01 –Traffic enforcement and Citations procedures
Legal consideration
- -prints and photos may be obtained prior to issuing the notice to appear
- the reasons for not releasing the subject MUST be noted on the back of the A-8
7.01 –Traffic enforcement and Citations procedures
Search and Seizure
–searches of subjects issued citations are more restricted than of those of physical arrests
–limited to preserving evidence of crime
- *if officer believes subject is armed, then a pat down is appropriate
- may be detained until records check is performed
7.01 –Traffic enforcement and Citations procedures
Admonishment
-if issued a citation, deemed under arrest for purposes of miranda
7.01 –Traffic enforcement and Citations procedures
Refusal to sign==Traffic Citations
Traffic Citations
- sgt will respond and attempt to clarify the CVC violation to the motorist
- explain the consequences, not admission of guilt, promise to appear
–if still refuses to sign, sgt may elect to have person physically arrested
- -person SHALL be taken to closest magistrate
- -after hours 11-48 to WC for booking
7.01 –Traffic enforcement and Citations procedures
Refusal to sign == non traffic citations
- –sgt will respond and attempt to clarify the CVC violation to the subject
- explain the consequences, not admission of guilt, promise to appear
- –if still refuses to sign, sgt may elect to have person physically arrested
7.01 Traffic enforcement and Citations procedures
Citation Accountability
- -shall be stored in secure location
- assigned to the individual officers in numerical sequence
- citation accountability log wil be maintained with the citations
- retained by commands for 3 years and then destroyed
- -officers are limited to checking out 2 books at a time
- -a command may allow officers involved in high enforcement to check out more than two books
- -only allowed to use citations assigned to them
- if loaned or borrowed, it s up to each officer to document the loaning and the borrowing on the ODJ and on the citation accountability log
- -at the end of shift, cites and misd cites will be placed in appropriate bins for dissemination
**OFFICERS WILL NOT REMOVE THE CITATIONS FROM THE BIN EXCEPT TO ISSUE A CITATION CORRECTION
–if any cites are lost, officers must notify supervisors immediately and a citations dismissal form must accompany the a-9 report which explains the lost citations
7.01 Traffic enforcement and Citations procedures
Damaged unused or returned citations
- -voided (7.06 DP)
- supervisors shall collect all unused citation books from personnel leaving employment, make a notation in the citation accountability log-forward to ops support
7.01 Traffic enforcement and Citations procedures
Hold for evidence citations
- Citations shall NOT be impounded in property room when they are needed as evidence
- -The citation void/dismissal form will be completed with the notations “HOLD FOR EVIDENCE”
- the form will be approved by a sgt and forwarded to citation records
7.01 Traffic enforcement and Citations procedures
Citation errors
- if the citations require corrections it will be forwarded to the area command for routing to the originating officer
- officers shall NOT make ntes, corrections, or any alterations on the face of the citation
- citation correction form will be completed
7.01 Traffic enforcement and Citations procedures
**miscellaneous
- Form PD-177may be used for J’s if the charge is traffic infraction or on certain traffic misd (31 CVC,14601 CVC)
- all other non-traffic misd offenses involving j’s will be documented on a JCR
- -notes on adult citations shall be written on back of pink copy unless a sup form is attached.
7.01 Traffic enforcement and Citations procedures
Written warning
–for violations with min traffic accident risk
-motorists may be extended appropriate courtesy warnings only under the following guidelines
1. where drivers’ area confused or lack of familiarity to the area
2 violations of city ordinances that are not clearly posted
SHALL NOT BE USED FOR:
- -equipment violations that must be signed off
- -parking violations
- -drivers license or reg violations
7.01 Traffic enforcement and Citations procedures
Notify warrant
–may be requested when officer at a collision scene did not observe the violation or an immediate arrest is not feasible or legal but the violation is such that prosecution is warranted
-Infractions: adult notify warrant procedure for infractions has been SUSPENDED indefinitely
Misdemeanors: a8 will be used in requesting notify warrants, submit a DUI sup with the notify warrant when requesting DUI notify
- when prosecution of an infraction is requested for a juvenile, a citation is also required for the Juvenile Traffic court
- -the juvenile should not sign it, nor should an appearance date be set
- citation should be attached and routed with the collision report
- a JCR and a sup report will be required when the violation s DUI drugs or alcohol
- these reports serve in lieu f juv citation
**notify warrants for 20002CVC require a collision report be completed and attached to the notify warrant
7.01 Traffic enforcement and Citations procedures
Physical Arrest
Officers shall make an arrest for felony DU
–unless person is injured to an extent that it would require hospitalization and or medical treatment costs which would be levied against the City
7.01 Traffic enforcement and Citations procedures
Alcohol violations - 23140 under 21 and no impairment
23140 CVC-under 21 with .05 or more
.08 % = 213152
-MAY arrest drivers under 21 with .05 +
-must submit blood or breath (if not avail, another test)
-if BA is .05 to .07 and elements of DUI NOT present, issue notice to appear 23140, infraction
-flll out DMV zero tolerance
-citation is in lieu of arrest only if there is no impairment
7.01 Traffic enforcement and Citations procedures
Alcohol violations - VC23136 under 21 with BAC 01 to 049
-23136 VC
-all persons under the age of 21 must not have a BAC of .01 to .049.
must submit to a PAS or have driving privileges suspended
-if not old enough to possess a license will have their drving priveleges delayed one year upon reaching the age of 16
-minor cannot be 11-48 from the evaluation sene for testing, so the level of alcohol must be established by use of a PAS or intoxilyzer in patrol car
-PASmust be available in reasonable amount of time
-prior to administering PAS the subject should be informed that failure to sumit will result in suspension of license for a period of 1 - 3 years
Alcohol violations - VC23136 under 21 with BAC 01 to 049
If NO impairment
- issue a citation for 23136 CVC (infraction)
- complete officer’s statement form and admin per se suspension/revocation
- seize the Ca DL
- may impound per 22651 h2
- **if .05 to .07, issue misd citation
Enforcement of 23154 VC -
DUI probation with BAC .01 +
-infraction
-or make physical arrest and book for 1203.2 per 23154 VC
Not 166-
–if no impairment, conduct PAS
-if .01-.07=issue citation for23154, make arrest for 1203.2 per 23154
-complete off statement and issue suspension revocation to driver
-seize DL
-may impound 22651 h2
**if .08 or higher =23152
vehicle stop data
- shall log all stop data on MCT
- or data card for each stop if no MC
Freeway jurisdiction
- CHP-all freeways including connecting ramps
- boundary lines will be the prolongation of the curb lines of city streets
- CHP will be responsible for the investigation of collisions occurring on the freeway side of the curb line
- POI will be used to determine the accident location for jurisdiction
- if jurisdiction cannot be determined - reports should be taken and forwarded to Traffic for resolution
Arrests on freeway
- same as other arrests
- SDPD is NOT obligated to handle narcotic cases initiated by the CHP, but will assist if available to assist
Persons with mental disorders on freeways
-SDPD will assist CHP in handling 5150s on freeways
if necessary, detain per 5150
Tow cars
CHP will have the responsibility for providing tow car svc within their jurisdiction
Traffic violations of freeways
-officers who observe traffic violation while on freeways may take action, however, SDPD are nt to patrol the freeways for traffic enforcement purposes
Traffic 7.02 Traffic Collision Inv
Determining type of collision
- communication will determine type of collision based on info received from r/p
- or from the first officer on scene
Traffic 7.02 Traffic Collision Inv
Responsibility for conducting the investigation
- Generally traffic collisions wil be conducted as follows:
- -field patrol units are responsible for minor injury collisions, misd 20002, and city property damage
Field traffic uits shall investigate felony collisions, fatal or serious injury collisions, and DUI collisions
Field traffic units shall also do collisions involving federal county or city owned vehicles when avail
a. felony prosecution -must be unjury requiring the victim’s hospitalization for other than observation r injury that incapacitates the v for a significant pd of time
b. serious injury collision (11-80) is defined as a collision that results in an injury requiring hospitalization for more than 24 hours -for other than observation
c. if question-contact traffic sgt
–when no traffic units are available, patrl will be responsible for the collision inv, regardless of type
-accidents involving state vehicles will be investigated by traffic when requested
Traffic 7.02 Traffic Collision Inv
notifying risk management
-fleet safety supervisor will notify the supervising claims rep at risk management if:
- -fatal or serious injury collision, if it is anticipated that a claim will be filed against the city
- -serious injury collision that are related to police pursuits, whether or not a police eh is acutally involved in the collision
- -serious injry collisions involving city equipment
Traffic 7.02 Traffic Collision Inv
Required reports
- offices will prepare the required reports
- a complaint of pain is sufficient to qualify as injury for reporting purposes
- when parties are 11-48 to hosp officers shall fill out the traffic accident ifo card in addition to the normal required reports and provide the card to the injured party to assist in obtaining clision report later
Traffic 7.02 Traffic Collision Inv
exchanging info between parties
-officers WILL NOT discourage parties involved in traffic collisions from exchanging info
Traffic 7.02 Traffic Collision Inv
Non-Injury, non city equipment collisions
- property damage collisions not involving city veh r city property will NOT be investigated
- except for 20002, other govnmt agencies vehicles (when requested-photos required), DUI, damage resulting from police pursuits, and collisions involving other felony crimes
- use discretion in case of extreme property damage when deciding whether to take a report
- communications will advise r/p of policy and will dispatch offcer if vehicles create hazard and or other public safety hazards reportedly exist
- property only damage collision scenes –officers wil assist inclearing the scene, verify the exchange of info
- officers will assist citizes in obtaining tow trucks and 11-48 at the scene, explain dept policy and the requirements of filing as SR 1 with DMV
- if owner of damaged property or veh cannot be located, a raffic accident info card will be completed and attached to the property or veh
Traffic 7.02 Traffic Collision Inv
report for delayed and removed from scene collisions
- a report must be made in all cases where injury is claimed or a 20002 occurred
- if not at scene, mark not at scene
- property damamge only reports will not be taken at area stations front counters–explain dept policy and provide SR1 forms to those who need them
Traffic 7.02 Traffic Collision Inv
Reports At area commands
- minor injury(11-81) regardless of where it occurred in city
- the abbreviated front counter collision report SHALL NOT be used for reporting injury collisions
-misd 20002 and the 20002 field report are required
**officers will not refer citizens to traffic for purposes of filing a report unless a traffic felony occurred
Traffic 7.02 Traffic Collision Inv
Collision report amendments
-minor amendments are those that do not significantly change the inv conclusions or findings
- the originating officer must prepare an a-9 report listing the changes
- the heading will read “Amendment to Accident Number__________”
- a-9 must be approved by supervisor
- a-9 will be sent to records where staff will write the word amended in red ink
- amendments the alter the conclusion of the report or significantly affect the parties involved shall have the approval of the CO of traffic
- officer or supervisor requesting the amendment shall submit a revised report with the words “amended report” in red ink
- a separate confidential report documenting the reasons for the amendents will also be submitted and filed with the report. the infor shall not be released without the approval of the chief of police or the CA
- “for the exclusive use of the chief of police and or cty attorney at top and bottom
Traffic 7.02 Traffic Collision Inv
arrests and citations
-a physical arrest will be made in the case of a felony or a misd DUI whenever possible
(or notify warrants or warrants of arrest if applicable)
- for adult arrest- A-8 with the collision report
- for j’s - JCR (A-8), juvenile affidavit and collision report
Traffic 7.02 Traffic Collision Inv
Fatal, felony, and 11-80
-TIU shall be notified of a fatal, felony, and 11-80 during normal working hours
- after hours:
- -fatal collisions
- -fatal 20002
- felony DUI
- any time traffic expertise is needed
TIU sgt will determine if inv personnel are necessary at the scene
- if TIU inv responding-keep all witnesses and uninjured parties at scene
- process suspect as normal, prior to booking check with TIU inv
- Do NOT admonish if TIU is responding
- doc all unsolicited statements to inv at scene
TIU Sgt shall be notified of all serious traffic injuries or fatalities involving other gonmt agencies, foreign dignitaries, or any traffic mishap occurring in our jurisdiction that has international implications
Traffic 7.02 Traffic Collision Inv
Police equipment and city equipment accidents
- officers shall notify communications of all police equipment acc as their first course of action after rendering emergency first aid
- injury collisions shall be brought to the immediate attention of the appropriate CO
- when police personnel are involved in on duty collisions, they should not move vehicles from the collision scene unless it is necessary and then only after the veh position has been marked
- collision related statements should only be made to the inv officers and supervisors
–traffic supervisor will respond to incidents involving intentional driving acts causing damage to a police or civilian vehicle
- a veh damage report is required within 24 hours
- supervisor’s accident report is required within 48 hours
- all reports forwarded to fleet safety supervisor
- traffic will render a decision as to the classification, category, and preventability of the accident