7.0 - Traffic Flashcards
Traffic Enforcement and citation Procedures
1
Q
7.01 –Traffic enforcement and Citations procedures
content of the citation
A
- 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.
2
Q
7.01 –Traffic enforcement and Citations procedures
Obtaining Citation Information
A
- 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”
3
Q
7.01 –Traffic enforcement and Citations procedures
only one type of doc to pros agencies
A
do not book someone for mis or felony and write citation
4
Q
7.01 –Traffic enforcement and Citations procedures
Physical arrest for 148.9 for traffic - 31 VC
A
-10-16 for 148.9 will only be approved for charges arising from other than traffic incidents….use 31VC
5
Q
7.01 –Traffic enforcement and Citations procedures
multiple violations
A
-multiple violations—if more than 4 use supplemental form
6
Q
7.01 –Traffic enforcement and Citations procedures
Issuance of Notice to correct citation
A
- 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
Q
7.01 –Traffic enforcement and Citations procedures
Owner responsibility citation
A
- 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
8
Q
7.01 –Traffic enforcement and Citations procedures
Court preparation
A
- -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
9
Q
7.01 –Traffic enforcement and Citations procedures
Adult Field Release Citation- Non traffic
A
–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)
10
Q
7.01 –Traffic enforcement and Citations procedures
Legal consideration
A
- -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
11
Q
7.01 –Traffic enforcement and Citations procedures
Search and Seizure
A
–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
12
Q
7.01 –Traffic enforcement and Citations procedures
Admonishment
A
-if issued a citation, deemed under arrest for purposes of miranda
13
Q
7.01 –Traffic enforcement and Citations procedures
Refusal to sign==Traffic Citations
A
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
14
Q
7.01 –Traffic enforcement and Citations procedures
Refusal to sign == non traffic citations
A
- –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
15
Q
7.01 Traffic enforcement and Citations procedures
Citation Accountability
A
- -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
16
Q
7.01 Traffic enforcement and Citations procedures
Damaged unused or returned citations
A
- -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
17
Q
7.01 Traffic enforcement and Citations procedures
Hold for evidence citations
A
- 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
18
Q
7.01 Traffic enforcement and Citations procedures
Citation errors
A
- 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
19
Q
7.01 Traffic enforcement and Citations procedures
**miscellaneous
A
- 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.
20
Q
7.01 Traffic enforcement and Citations procedures
Written warning
A
–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
21
Q
7.01 Traffic enforcement and Citations procedures
Notify warrant
A
–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
22
Q
7.01 Traffic enforcement and Citations procedures
Physical Arrest
A
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
23
Q
7.01 Traffic enforcement and Citations procedures
Alcohol violations - 23140 under 21 and no impairment
A
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
24
Q
7.01 Traffic enforcement and Citations procedures
Alcohol violations - VC23136 under 21 with BAC 01 to 049
A
-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
25
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
26
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
27
vehicle stop data
- shall log all stop data on MCT
| - or data card for each stop if no MC
28
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
29
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
30
Persons with mental disorders on freeways
-SDPD will assist CHP in handling 5150s on freeways
| if necessary, detain per 5150
31
Tow cars
CHP will have the responsibility for providing tow car svc within their jurisdiction
32
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
33
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
34
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
35
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
36
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
37
Traffic 7.02 Traffic Collision Inv
exchanging info between parties
-officers WILL NOT discourage parties involved in traffic collisions from exchanging info
38
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
39
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
40
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
41
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
42
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
43
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
44
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
45
Traffic 7.02 Traffic Collision Inv
Police equipment accidents on freeways
- -all police equipment accidents on freeway will be inv by CHP
- SDPD will conduct concurrent inv for admin purposes
- -all other city equip accidents on freeway will be handled by CHP unless assistance is requested
46
Traffic 7.02 Traffic Collision Inv
Notify TIU Sgt and Fleet safety sgt
- fatality
- serious injury to officer or citizen
- felony prosecution is probable
- pursuit results in serious injury whether or not the officer is involved in collision
**officers on duty shall also immediately notify the TIU sgt and fleet safety sgt when the above circumstances involve off duty personnel
IA will be responsible for conducting the amin inv of police pursuits resulting in serious bodily injury or death of any person when it appears the acc was caused by criminal negligence or a criminal violation on the officer's part
--IA will also be called out when traffic related incidents occur where criminal conduct is suspected regarding sworn personnel whether on or off duty
47
Traffic 7.02 Traffic Collision Inv
City Vehicle Collisions
- city veh collisions should be inv by traffic (however NOT REQUIRED)
- if unavail, patrol should handle
- City of SD paramedic units are part of SDFD and are classified as city equp veh
- collisions involving MTS or the trolley are NOT city equip. They will be inv as any other traffic collision
--PHOTOS REQUIRED for all city equipment collisions
48
Traffic 7.02 Traffic Collision Inv
school bus collisions
- CHP shall investigate all school bus accidents, including on city streets when the bus in 11-48 students
- except accidents involving only property damage and on private property-
- if they involve a violation of VC they will be investigated
--if no students on bus, the CHP will not conduct a collision inv unless it is in their jurisdiction
-SDPD will inv all other types of school bus collisions on city streets or property except property damage only accidents
49
Traffic 7.02 Traffic Collision Inv
HIT and run collisions
- a field unit will respond to 20002
- if v moved vehicle prior to the arrival of an officer, a field report will be made only under the following conditions:
- ---v moved the veh while in pursuit of the s
- ---v drove to a phone located within a reasonable distance from the collision site or after ceasing the pursuit of s
- ----v is an out of town visitor and it would be difficult to locate an area station
- ----v is unable to drive to area station
in all other cases where the v has moved vehicle, communications shall direct 20002 to nearest area station
- -v must bring the damaged veh
- 20002 reports cannot be taken over the phone
- -front counter personnel will view the veh damage and photograph
-field units will still NOT refer the victim to the area station, prepare the necessary reports
50
Traffic 7.02 Traffic Collision Inv
OTHER COLLISIONS-animals
-involving animals that result in sig damage to a veh or injury to a person will be reported on the collision reports
- if involves a dog or cat, no sig damage to veh, officer should attempt to contact the animal's owner
- if animal is injured and still alive, and no owner, (DP 6.09) ***-traffic report is NOT required
-if large animal or if there is damage to the vehicle a report is required.
- if police vehicle involved in collision with dog or cat and no damage, then a-9 is required
- if police vehicle is damaged, then tc report required
51
Traffic 7.02 Traffic Collision Inv
| OTHER COLLISIONS -bicycles
-bike accidents with injury, occurring on roadway, sidewalk, or paved should of roadway will be inv and reported as traffic collision
52
Traffic 7.02 Traffic Collision Inv
State highway related collisions
- all collisions that occur on or within 250' of a state highway intersection or freeway ram are state highway related traffic collisions
- id these collisions by checking the box on the CHP555 form
53
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Background-chemical testing and implied consent
- regulated by the CVC
- section 23612 defines implied consent law and section 13353 = penalties for refusal
- Implied consent-any person who operates a vehicle or vessel has automatically agreed to submit to a chemical test upon request by an officer after lawful arrest for any violation of 23140 23152 23153
- incident to custodial arrest and the offi's reasonable suspicion of into based on objective symptoms
-results are confirmatory
- blood and breath are used, urine if both the blood and breath are not available
- blood and urine to test for drugs
-refusal =driving is suspended by DMV for at least one year
54
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Procedure- DUI alcohol
DUI alcohol
- person will be admonished at time of arrest as to the requirements for a blood breath or urine under special circumstances
- if subject is willing but indecisive about which test to take, encourage subject to take blood test
- if subject refuses to take either test, the implied consent statement must be read
- if still refuses the refusal form must be completed and submitted with arrest
55
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Procedure-Drug or combo
- persons shall be tested for the presence of all substances suspected on being in their blood
- if suspected combo, they will be tested for alcohol
- if below .08, the blood or urine collected from the subject will be tested for presence of drugs
- if at .08 or higher, the subjects blood or urine will not automatically sent out for further testing.
- a person who chooses breath will be requested to submit to a blood or urine test if belief 11550 also
- required to submit to additional test , blood or urine
* *person charged with felony DUI of alcohol also has the legal option to take a breath or blood
- if person submits to a breath and choses not to take a second blood test, the person has complied with legal chemical testing requirement and the breath test will stand as the official test
56
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -BREATH TESTS
Breath tests:
- will only indicate the amount of alcohol in subject's system at time of test (if drugs suspected, need blood or urine)
- only TRAINED intox 8000 officers will give test if lab personnel not available
- intox operator and or arresting officer will sign each print out copy and note the obs time on each cop
- arresting officer must record the test info on the DUI sup report
- Trombetta- if person completes a breath test, must be advised that the test is not retained....etc
57
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -BLOOD DRAW SVC
Blood draw:
- SDPD uses a licensed contract personnel or licensed lab
- requests for draws off site at hospitals or when there is no coverage in rm 138 = WC
```
AO shall witness blood draw
record time
impound
label
seal
put in box in rm 138
```
* *Hospital blood draw:
- will not be taken from seriously injured person, except with the consent of the Dr
- if unconscious or incapable o refusal, the person is deemed NOT to have withdrawn consent and a test may be administered
- subject must be UNDER ARREST FOR DUI prior to blood smaple being taken, but not necessary for the person to be told of arrest
- if injured s is taken to hospital and must remain for medical treatment, the AO may request a blood test
- licensed contract personnel should perform the blood draw
- if done by hospital personnel, the blood should be collected in a grey top vial
- if hospital personnel is unfamiliar with legal medial aspects of blood alcohol testing, their own procdures will be acceptable
**if hospital staff will not complete blood draw, contact the WC who will call for contract personnel
* *at hospital, subject must submit to blood. if subject wants breath test and refuses blood, it should be considered a refusal to comply. officer should include a refusal report with all other reports
* *if hemophiliac subject can still take breath or urine
58
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer
FORCED BLOOD DRAW
- officer may use force to take a blood smaple from a subject who has been arrested for a traffic related offense
- generally, all samples -forced or not-will be completed at rm138
- officers shall notify WC of force blood draw
- police supervisor shall be present for all forced blood draws
- IF NO SUPERVISOR-OFFICERS SHALL NOT PROCEED
- also fill out forced blood draw log
-in sally port at safety control chair-document in report, and Force effectiveness report
- with approval of WC, forced sample may be taken at hospital for injured felony DUI refusal cases by licensed contract personnel
- Sgt or field LT will monitor the drawing to ensure it is in medially approved manner
--with approval of WC or Field LT, forced samples may be taken at hospital from injured misd DUI subjects if they cannot be 11-48 to rm 138, or they refuse to submit to blood draw in hospital and refusal is not due to medical condition (must be monitored by Sgt or field LT)
59
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
URINE TESTS
- no longer offered as one of the primary tests given to s's arrested for DUI
- blood and breath are the only options offered
- urine ay b used as a secondary test if s requests only after Trombetta and has completed a breath test
- urine will only be used as a primary test when s for medical reasons cannot complete the breath or blood test
- a urine test may be conducted if drugs are suspected
- urine test will be supervised and observed by AO unless opposite sex of AO
- urine tests for alcohol will be second void (first void if drugs are suspected) **second void should be no sooner than 20 minutes from first void
--only used when subject refused or could not conduct breath test or when suspect drugs also
--if female officer not available, subject should be taken to Las Colinas for urine test of female sub
60
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- minors and j's
Minors/Juveniles
-under age of 21 and j's under 18 ill be treated as adults when chemical testing of blood breath or urine is conducted for DUI
61
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- Custody of subject
Custody of subject
- all will be handcuffed while in rm 138 unless involvd in testing of blood or urine
- remain under supervision of AO not lab personnel
62
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- Hospital samples
Hospital samples
- most hospitals will not draw samples fro subjects who are combative, 11550, or under 18.
- AO contact WC to request licensed contract personnel
63
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION-Felony and drug suspects
Felony and drug suspects
- in addition to blood test, we are required to offer the s a breath test after the trombetta has been read
- two vials of blood are needed whenever a blood test is given to a person arrested for feloy DUI or 11550
64
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- PCP subjects
PCP subjects
| -if suspected PCP, other prisoners shall not be allowed inside rm 138 during testing
65
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- Subject's request for Independent testing
Subject's request for Independent testing
- subject submitting to a chemical test may at their own expense have a person of their choosing administer a second test.
- officers are not required to advise the subject of this right
- if subject requests an independent test, the officer must mae a reasonable effort to comply
- -if specific dr can arrive at rm 138 within the hour, ok
- if not, subject no longer has the right
- can 11-48 subject to nearest hospital and allow to select any medical person on duty
- the hospital lab determines the alchol content and provides the result to the subject who is required to pay for these services
-if subject refuses, it is a waiver of the right
66
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- Refusal form
- if subject refuses chem test, the AO must complete the form which be the basis for the DMV suspension
- if subject suspected of DUI drugs and alcohol, and refuses to submit to blood or urine, the drug admonish sup must also be completed
67
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- Presumptive limits BAC
-within 3 hours of driving, 23152 and 23610 establish rebutable presumptions relating to the percentage of alcohol in the blood of a driver at the time of the offese as determined by chmical analysis of blood breath or urine
--f person had a .08 + then it is rebuttable presumption that .08 or more at the time of driving
-if results are .05 + but less than .08 o presumption is established but other evidence may be presented to determine if DUI at time of offense
-if results are less than .05 it shall be presumed that the person was NOT DUI at time of offense
and those adults shall not be charges with DUI
-if .04 or more and the person was drving a commercial veh, there is rebuttable presumption that the drier had .04 or more of alcohol-charge 23152d
-if BAC is low, but sig impairment observed, possible other intoxicating agent present
- if .05 - .07 should not GENERALLY be charged with DUI unless other evidence indicates serious deficiencies in driving were caused by alcohol impairment
* *decision to book rests with WC
68
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION- Persons under 21
23140-minors with BAC over .05
- infraction
- if person under age of 21 appears to b under the influence of alcohol but refuses chemical test, proceed with any other refusal case
- can charge 23140 even without a chem test
- may arrest driver under 21 who has BAC of .05+ on the PAS
- must submit to blood or breath in compliance of Implied consent
- if BAC is .05-.0799 and elements of DUI NOT present, issue notice to appear
- also applies to blood test, where it is believed the BAC will be between .05-.0799 and no impairment
**if .05 + and there is impairment, book for 23152a
69
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION-Zero Tolerance Law
- Minors with BAC over .01
- infraction
- 23136 c CVC juvenile implied consent law -under 21 deemed to have provided consent to a PAS or other chem test
- if not priveleges suspended for at least one year, or delayed upon reaching age 16
- MINOR CANNOT BE 11-48 for testing.
- NO BLOOD OR URINE CAN BE TAKEN FOR 23136- use PAS or portable intox
- BAC .01-.04 issued citation 23136
- may impound per 22651 h2 if cited and issued order of suspension
70
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION-Testifying in Court
- will carefully record and be prepared to testify as to each procedure they followed and what they observed
- shall not attempt to explain the theories or the functions of the tests or devices
- expert witnesses will be provided by the lab for this purpose
-ask the phlebotomist in presence of s if swab used prior to blood draw is non alcoholic
71
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION-Evidence for court
- blood and urine samples are seldom allowed in court
- on the court date, the AO shall pick up a photo copy of the vial or container with supporting chain of evidce log from the lab vault if requested to do so
72
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Test procedure -by forensic alcohol analyst or trained officer -
ADDITIONAL INFORMATION-Lab responsibilities
- maintain intox 8000
- provide supplies for blood and urine samples
- maintain a blood and urine collection log of all tests administered at rm 138
- results normally avail in 1 to 2weeks
- lab will provide court testimony regarding the op, theory, and accuracy of the testing equipment
- lab personnel will bring all pertinent records, except alco sensor accuracy records relating to subject defendant's trial
73
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Administrative per se- Background
- the prompt admin suspension or revocation of driving privilege for the offense of DUI
- authority to seize Ca DL (not out of sate DL) when BAC is .08 over, or refusal to submit to chem test
- if .08+ suspension will be for 4 months or 1 year if prior within 7 years
- if refusal to take chem test - suspension = 1 year or 2 year if 3 + refsals within 7 years
-applies to any person who drives a motor vehicle whether or not the drier is a Ca resident
-applies to out of state drivers
-Ca is taking action against an out of state driver's repetitive privilege to drive in this state
DMV will notify the driver's home state of our suspension action
-ONLY SEIZE A CA DL- not out of state DL
74
7.03 chemical tests for driving under the influence, zero tolerance, admin per se
Administrative per se- Procedure
- Drivers arrested for DUI or minors detained fro 23136 are subject to admin per se regulations when:
- refusal to submit or fails to complete
- ubject sbmits to a chem test which shows a BAC of .08 + or any minor with BAC of .01+
- subject submits to a blood or urine test and officer believes BAC is .08+--if later determines to be under .08, action will be set aside
- if 10-16 for combo, Admin per se options only apply to BAC or refusals, not DUI drugs
- If DUI drugs only, no admin per se unless refusal to submit to chem test
- temporary license is valid 30 days from arrest
-documents will be forwarded to DMV withn 5 working days
75
7.04 - Illegal Street racing
Definitions
Exhibition of speed
Exhibition of speed- willfully engaging in exhibition of speed-to show off or make an impression on someone else
- element of offense is being able to prove that the driver intended to show off or make an impression to any person
* *must be on a street or highway, not parking lot
76
7.04 - Illegal Street racing
Definitions
Felony speed contest
felony speed contest -with injury to a person other than the driver-loss of consciousness, concussion,, bone fx, brain injury, paralysis, etc..
77
7.04 - Illegal Street racing
Definitions
Illegal motor vehicle speed contest
illegal mv speed contest-includes a mv race against another vehicle a clock or other timing device - event in which the time to cover a prscribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limit is not a speed contest
78
7.04 - Illegal Street racing
Definitions
Preparations for a contest
Preparations-SDMuni code 52.5202
79
7.04 - Illegal Street racing
Definitions
Reckless driving
```
any reckless driving referred to in section 23103a (on a hghway)
23103 b (in an off street parking facility)
-off street = held open for use by the public for parking vehicles and includes any publicy owned facility for off street parking and privately owned where no fee is charged to park and open to public ofr retail parking
```
- -requires the willful disregard for safety of persons or property
- person does not have to intend to cause damage
80
7.04 - Illegal Street racing
Definitions
spectator
- any individual referred to in sec 52.5203 of Muni
- knwlingly present
- totality of circustances
81
7.04 - Illegal Street racing
Procedure- Illegal speed contest
```
**field sgt notified
Illegal Speed contest
-Misdemeanor
-10-16 the individual / book /cite
-impound vehicle used with 23109.a2a CVC
```
82
7.04 - Illegal Street racing
Procedure - reckless driving
- -Misd
- 10-16/book/cie
- impound per 23109.2a2b
83
7.04 - Illegal Street racing
Procedure - Exhibition of speed
- 10-16 / book/ cite
| - impound 2309.2a2d
84
7.04 - Illegal Street racing
Procedure - spectators at illegal speed contest or exhbitions of speed
-10-16/book/cite
85
7.05- Assisting stranded motorists
Procedures- freeways
- shall chck and render appropriate assistance to occupied vehicles stoppd on freeway
- if near call box during day, might not need assistance
- if inclement weather/ night/ etc, might ned 11-48 to call box
- if occupied by lone female, children, etc, particular consideration (child seats)
- -if unable to stop notifiy communications, who wll notify CHP
86
7.05- Assisting stranded motorists
Procedures- Streets
-consider situation when determining assistance needs of stranded motorists
87
7.05- Assisting stranded motorists
Procedures-General
**officers are not authorized to "jump start" private vehcles using cables and city owned vehicles
**Push bumpers are authorized to push disabled vehicles off roadway if cuasing or likely to cause hazard
88
7.06- Voiding or dismissal of citations
Procedures - void or dismissed
May be voided or dismissed under following guidelines:
- -issuing officer receivd an urgent radio call
- -arrest was made in lieu of citation (mention in report narrative
- issuing officer was mistaken in fact or law
- -writing error/ for mutilated
- -citation was issued contrary to department visitor procedure (7.01)
- --medial emergency that required parking a vehcle improperly to obtain treatment
- -vehicle cited was exempt from compliance
- --markings of sigs were inadequate
89
7.06- Voiding or dismissal of citations
Procedures --parking citations
--office of the city treasurer, parking admin will adjust all P-cites
90
7.06- Voiding or dismissal of citations
Procedures --voiding or moving or handwritten parking cites
- requests for voiding moving or handwritten p cites ust be approved by a sgt r above.
- completed citation void/dismissal rqst and obtain a supervisor's approval, attach all cpies of cite and forward to records for filing (including def's copy)
91
7.06- Voiding or dismissal of citations
Procedures -voiding electronic p cites
- PEO supervisors or issuing officer are the only individuals authorized to void electronic parking citations.
- cite may not be voided or reissued if the citizen retains the original citation
92
7.06- Voiding or dismissal of citations
Procedures -Dismissal of handwritten P-cites
- only the issuing officer can formally request the voiding or dismissal of a parking cite
- others may initiate the form through the approval process, with clearly stated justification on the form
- the issuing fficer is NOT responsible for justifying the dismissal or completeing the form under these circustances
- a PERSONAL relationship wth any public official or LE offcer CAN NOT BE GROUNDS FOR A DISMISSAL
- the void p-cite form will be attached and routed for approval
- f denied, the cite will be returned to person who initiated the request
- if approved the void form will be routed to issuing officer
- the issuing officer will sign and then route to traffic for final review
-10-28 printout will be attached to all void requests
**dismissal requests for disabled persons, broken meters stolen vehicls or mechanicaly disabled veh mut be referred to office of the city treasurer parking admin
93
7.06- Voiding or dismissal of citations
Procedures -dismissal of electronic p-cites
- office of the city treasurer, parking admin is responsible for adjudication of EPC dismissal requests
- PEO supervisors or issuing offier are the only people authorized to request dismissal
- dismissal of an EOC by poice personnl ust adhere to stringent guidelines
- the dismissal will have direct oversight by the Traffic division CO
94
7.06- Voiding or dismissal of citations
Procedures -dismissal of notice to appear
Non-felony traffic violations
- -must be investigated by a supervisor and submitted on form through the hcain of command to the CO level
- approved requests will be forwarded Traffic Div CO for final review
- dismissal request ot in compliance with dept procedure shall be returned to appropriate CO
- approved citation dismissal requests will be forwarded to Traffic for logging nd then to traffic records for filing
- records will forward traffic citations to court
95
7.06- Voiding or dismissal of citations
Procedures - dismissal of adult misd filed release citations
- copies f the cite and the void request shall be processed through the officer 's commanding officer
- after approval the requet hall be forward to records
- dismissal requests require the original cite and are routed to the CO
- upon approval the completed request will be sent to records div, which will forwad the cit copies to muni court
96
7.06- Voiding or dismissal of citations
Review/dismissal rqst initiated by the office of the city treasurer
- Paking Admin personnel may subit void / dismissal request forms to the appropriate dept for reiew
- citations shall be reviewed by the issuing officer nd supervisor
- completed paperwork shall be returned to Parking admin
97
7.06- Voiding or dismissal of citations
General
- Police officials shall no become involvd in an invstigation of a parking or moving citation when the cited person is a relative or personal friend
- refer to appropriate command for investiaiton
- records division shall maintain a file of voided / dismissed citations for 2 years
- voided citations marked "hold for evidence" are also retained in this file
- must be complete andhave proper approval or they will be returned to respective command
-citations dismissal records will be made aaialbe upon request to press
- parking and standing regulations shall not aply to emergency vehicles responding to emergency
- -police vehicles not involved in an emergency are required to obey all traffic regulations
- vehcles with "e" plates are exempt from parkingmeters
- all forms are available at all commands
- certain parking citations may b signed of by LE
98
7.07 Parking enforcement procedures
| Issuance
- -AGY= "S
- -decriminalized parking citations - officers not required to appear for any level of appeal process, trial by dec are no longer conducted, officers no lnger required to place a division designator on cite
99
7.07 Parking enforcement procedures
Citation form use
- TW and Notice to appear forms are not to be used for parking citaitons
- Parking citation is to be used exclusively for the veh parking violations of the SD Muni code or the CVC
- only one violation may be plce don each parking citiaton form
- if occupied the driver's name, address, and DL should be written on the remarks line
100
7.07 Parking enforcement procedures
| Multiple citation policy
-vehicles parked in metered or signed zones with hourly restrictions may be issued multiple citations up to a max of 2 like citaitons per day
-posted time limits of 1 hour or more shall dicate the frequency of the cite
(ex veh parked in a 2 hour may receive an additional citiaton after 2 hours , vehicles parked in 3 hours mst have 3 hours in between 1st cite and 2nd cite
-vehicles cited for paring violations may be issued 1 additional citation for the same violation ach day
101
7.07 Parking enforcement procedures
| Multiple citation policy --except the following
```
the following may NOT b issued a 2nd citiaton:
Expired meter
disabled
bus
wheels 18"
71/2" form RR track
access ramp
out of stall
cramping whee
riae property
not moved 1/10 mile in 72 hr
inop veh parked over 4hrs
4000a
unattached trailor
```
102
7.07 Parking enforcement procedures
| exemptions from P-cites
-official vehicles "e" plates
-May park at meters witout payment
may exceed tme on zones
-does not apply to commercial loading zones, red zones, bus stops, taxi stands, and white zones
- if no "e not authorized
- placards are not coverd by law or dept policy
us govmnet license plates are exempt from meters, but not time zones
* *emergency vehicles
* *prvate service vheicles - plumbers, electricians, tc who are on embergency alls may park lnger than the limit on the meter-but meter must be fed
* *commercial vehicles - yellw zones for the purpse of loading for 20 minuts
* *taxis - 3 mnutes
* *utility vehicles - exempt from many parking violations fi completing contstruction or repai, not creating a hazard, warning devices displayed specifally allow these exemption s
103
7.07 Parking enforcement procedures
News media vans
--green placards - live transmission capabilities
-blue = actively engaged in news gathering
-blue and green placards =
exempt from parking restrictions
-yellow zones, white zones, green zones, timed zones, parking meters
--complaints regarding parking citations issued to news shall be investatied by issuing officrs' supervisor
104
7.07 Parking enforcement procedures
Temporary signs
- -Not street sweeping signs (storm water dept)
- -signs must have been posted 24 hurs prior to enforcement
- posting time should be listed in remarks section
- towing (refer o 7.08)
105
7.07 Parking enforcement procedures
Disabled parking
- -exempt from meters
| - with lift or ramp may park in two stalls
106
7.07 Parking enforcement procedures
CAR2GO parking meter enforcement
- exempt from parking meters
- exempt from pay and display also
- CAr2go curbs
107
7.07 Parking enforcement procedures
72hour inoperable vehcls / heavy duty commercial vhe
-(refer to 7.08 for towing procedures)
-muni 86.23h - no inoperable veh on street for more than 4 hours
-no heavy duty com veh 10,000+ EXCEPT WHEN:
loading or unloading
--pared in cnneciton with the perfomrmance of service
--parked immediate in front of or alongside a premise actively devoted to industry
108
7.07 Parking enforcement procedures
Private property
-may legally issue parking citation s to unauthorized vheicles parked on private property in chroni or aggravated situations when complaint is made from property owner
* *enforcement of fire lanes and handicapped does not reuire citizen complaints
* *RSVP may be used to enforce disable parking enforcement
109
7.07 Parking enforcement procedures
Pedicab parking enforcement
-same rights and responsibilities related to motor vehicle parking violations
-officers may cite pedicab for the same violations applicable to motor vehicle
--on pedicab citations:DMV file code is blank, STATE box should be PC (pedicab)
Lic or Vin# pediab ID #
EXP date= blank
MAKE = manufacturer of pedicab
BODY = pedicab
110
7.07 Parking enforcement procedures
Parking enforcement procedures involving parking enforment officers
- officers shall refrain from having PEO's meet citizens to discuss parking citations issued
- infor citizns of the citation appeals process listed on the reverse side of the citation
- off-duty members shall not attept to contact PEO through communication or by using their radio to discuss citation issued to personal vehicle
111
7.07 Parking enforcement procedures
Miscellaneous
--all reg expire on the last date of the month, no action shall be taken until one full calendar month
--pearl harbor survivor plates = DMV file code = S
--dealer plates, write the plate nuber not the VIN, write only the numbers on the large late, not the sub plate , DMV file code = D, VIN in remarks
--unattended vehicles in fire lane may be towed, citation ="70 Other"
--passenger loading zone will be allowed the legallimit of 3 minutes if actively loading/unloading
if in frnt of hotels, preschools, elementary schools , and convelescne thomes= 10 minuts
