Police Department Policy

316.650 - Traffic Enforcement

Miami Gardens Police Department

Policy Text
III. PROCEDURES: |. Traffic Law Enforcement The objectives of traffic law enforcement are to reduce crashes and injuries and to A. facilitate safe and expeditious flow of vehicular and pedestrian traffic through voluntary compliance with traffic regulations. The Department seeks to achieve these objectives through a combination of education and enforcement. (61.1.5) The Department seeks to educate the public regarding traffic regulations through programs aimed at exposing specific problems, by publishing traffic crash and injury Statistics, and by giving notice and warnings of changes in regulations prior to taking enforcement action. (61.1.5) Enforcement action will be taken upon detection of an illegal and potentially hazardous act, without regard to such factors as attitude, intent, or excuse. Enforcement action may consist of a warning, citation, or an arrest. (61.1.5) Traffic enforcement is one of many tasks performed by officers, but for violators it is frequently an emotional traumatic experience. In many cases, this is the only contact that a person has with the police. Officers should strive to make each contact educational and to leave the violator with the impression that the officer has performed a necessary task in a professional manner. (61.1.5) Enforcement action shall be taken when violations of state traffic laws are observed. Officers may use discretion when appropriate. The responsibility for enforcing traffic laws and regulations is shared by all sworn Officers. Sworn Officers should be notified of newly enacted laws or regulations by Legal Bulletins. New laws may be enforced upon receipt or as otherwise noted in the bulletins. (61.1.5) Authority to issue traffic citations is contained in Chapter 136, Florida Statutes. When prepared, the original and one copy will be deposited at the end of the shift in the lock box. All damaged copies or copies on which an entry has been made and not issued to an alleged violator will be returned to the Department. (Chapter 316.650, Florida Statutes). Traffic Crashes Traffic crashes are investigated to protect the rights of the involved parties, to care for the injured, to assist in traffic education, to obtain engineering data, and to determine the causes of crashes so that methods of prevention may be developed. The Department seeks to reduce crashes and injuries and to facilitate the safe and expeditious flow of vehicular and pedestrian traffic through a combination of education and enforcement by publishing statistics and giving notice and warnings of changes in regulations prior to taking enforcement action. Enforcement action will be taken upon detection of an illegal and potentially hazardous act, without regard to such factors as attitude, intent, or to excuse. Enforcement action may consist of a warning, citation, or arrest. The classification of motor vehicle traffic crashes will be in accordance with the statewide classification system mandated by Florida Statutes and regulated by the Florida Department of Highway Safety and Motor Vehicles (DHSMV) (61.2.6) Reports serve as an aid in analyzing crashes and their causes and as a permanent record. From this, preventive methods can be planned and implemented. Information gathered is available to the public and other entities concerned with traffic safety and enforcement. Traffic Enforcement A. Hazardous (Moving) and Non-Hazardous Violations (Non-moving) 1. Hazardous (moving) violations are those which have the immediate potential for bodily injury and property destruction; e.g., running a red light or stop sign, or careless driving. (61.1.5d) 2. Non-hazardous (non-moving) violations are those not likely to expose persons to injury or result in property damage. (61.1.5h) Enforcement Action Incidental to Traffic Violation 1. Traffic enforcement action will be taken upon detection of an illegal and potentially hazardous act, without regard to such factors as quantitative enforcement activities (ticket quotas), attitude, intent or excuse. Both qualitative and quantitative emphases are integral to the Department's traffic enforcement program. Enforcement action consists of a verbal warning, citation or arrest. (61.1.2) a. Warning: The Department does not utilize a written warning citation, but Officers may accomplish the same departmental objective by issuing a verbal warning. When the violation is minor, a verbal warning may be given. (61.1.2c)

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