Police Department Policy

GGPDE_500_-_Traffic_Enforcement_Procedures_2837298

Garden Grove PD

Policy Text
Procedure 500Garden Grove Police Department Procedures Manual Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTraffic Enforcement Procedures - 1Traffic Enforcement Procedures 500.1 PURPOSE AND SCOPE These procedures will establish guidelines toward controlling alleged violations of traffic laws through preventive patrol and active enforcement. They will also provide guidelines for stopping and contacting traffic violators. These procedures will also establish guidelines to govern the movement and control of vehicles and pedestrians. 500.2 PROCEDURES FOR TRAFFIC ENFORCEMENT Enforcement action as related to traffic law enforcement can result in physical arrest, citations or warnings. Enforcement action should seek to detect, apprehend and deter traffic law violations. Traffic law enforcement should attempt to bring about voluntary compliance by the public of all traffic laws. Physical arrest is the full custody denial of a person's freedom of movement. Physical arrest can be made on only a limited number of criminal traffic offenses outlined in the California Vehicle Code or California Penal Code. These physical arrest cases usually deal with, but are not limited to: (a)Vehicular manslaughter (b)Felony and misdemeanor driving under the influence of alcohol/drugs (c)Felony or misdemeanor hit-and-run Physical arrests may be made by officers without a warrant on felony violations of law. Physical arrests may be made in cases of misdemeanor violations only when authorized by California Vehicle Code Section 40300 or by use of citizen arrest procedures when not committed in the officer's presence. Physical arrests may also be made with any valid and confirmed traffic or criminal arrest warrant, and when a traffic violator refuses to sign a citation on a written promise to appear in court. Traffic citation is a written notice issued to a violator at the time of contact requiring a court appearance and/or payment of a fine. Citations are the most common form of traffic enforcement action. Arrests for two or fewer outstanding warrants for failure to appear on a citation for a parking offense or a traffic infraction are outlined under California Vehicle Code Section 40304.5. Officers contacting a person with two or less outstanding warrants for a traffic infraction will advise the person of the existence of the outstanding warrants and the steps necessary to clear the warrants, and will complete a field interview card on the person. If a person is being arrested for charges unrelated to the warrants and being booked at jail, ALL warrants will be served on that person, including traffic infractions. In all other cases, officers will follow and comply with California Vehicle Code Section 40304.5. Garden Grove Police Department Procedures Manual Traffic Enforcement Procedures Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTraffic Enforcement Procedures - 2Verbal warnings are a form of safety education in which the officer advises the violator he has violated the law and explains the law to him. Verbal warnings are best used as a public education program to explain new enforcement programs or new or modified traffic control devices. Verbal warnings should not be used to avoid issuing a citation when the citation would be the most appropriate corrective action. 500.3 TRAFFIC LAW VIOLATIONS The following guidelines should be used when enforcing traffic law violations: (a)Driving Under the Influence of Alcohol/Drugs - Officers should arrest persons suspected of driving under the influence of alcohol or drugs. Once an arrest has been made for driving under the influence, the driver shall be advised of California Vehicle Code 13353 (implied consent law) prior to any testing being administered. (b)Speed Violations - Speeding violations can be determined by use of a speed measuring device or by pacing. Speeding violations shall be enforced by either citation or verbal warning. (c)Other Hazardous Violations - Hazardous violations shall be enforced by citation or verbal warnings. (d)Equipment Violations - Equipment violations shall be enforced by either citation or verbal warning. (e)Public Carrier/Commercial Vehicle Violations - Shall be enforced by citation or verbal warning. (f)Nonhazardous Violations - Shall be enforced either by verbal warning or citation. (g)Multiple Violations - May be placed on the same citation. Additional citations may be issued if all violations cannot be covered in one citation, using the Citation Continuation Form. (h)Newly Enacted Law and/or Regulations - When new laws are enacted or new traffic controls are installed, enforcement action may be by verbal warning or citation. Verbal warnings may be used in lieu of citations during a specified grace period for enforcement of new laws or new traffic controls or devices being used. 500.4 TRAFFIC LAW PRACTICES All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. When working stationary selective enforcement, officers shall not seek totally concealed positions for the purpose of traffic enforcement. Officers shall utilize either marked patrol cars or marked police motorcycles. In all cases, enforcement vehicles must be equipped with emergency lights and sirens. Garden Grove Police Department Procedures Manual Traffic Enforcement Procedures Copyright Lexipol, LLC 2022/08/26, All Rights Reserved. Published with permission by Garden Grove Police DepartmentTraffic Enforcement Procedures - 3500.5 HANDLING OF TRAFFIC VIOLATIONS - DISCRETIONARY/EXCEPTIONAL CASES In order to establish guidelines for

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