Police Department Policy

301403

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: January 30, 2019  Amends - GO 6.1.6 ( December 5, 2014 ) Number: 6.1.6 Distribution: All Sworn Personnel Review Month: April Reviewing Authority: SOD / Traffic Subject: Traffic Enf orcement This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to confirm that all members of the Sheriff's Office recognize the need to enforce safety by enforcing traffic laws. 2. Policy It will be the responsibility of all sworn personnel to enforce traffic laws, ordinances, and regulations of the State of Florida and Orange County based on a combination of training, policy, experience and common sense. The enforcement of spe ed and hazardous moving violations will be a priority of the Orange County Sheriff's Office. However, deputies may use discretion when enforcing traffic laws . 3. Definitions A. Audio Alarm - an auxiliary radar device that alerts the operator, by means of an audible tone, to the presence of a detected speed that is above a preset level. B. Audio Doppler - an audible signal that translates the radar's Doppler shift into a tone that can be heard by the operator. C. Automatic Locking Device - auxiliary radar device that immediately holds any speed reading obtained that is above a preset level. D. Courtesy Notice – Written warning given to a violator on an approved agency form. E. DHSMV - Department of Highway Safety and Motor Vehicles, the State agency responsible for th e licensing of all drivers within the State. F. DUI - driving under the influence of alcoholic beverages or chem ical substances as defined by FS 316.193 (1)(a)(b). G. DWLS - driving a motor vehicle while operator ’s driver license is suspended or revoked. 6.1.6, Page 2 of 15 H. Hazardous Violations – expose a person or property to risk, loss or damage (e.g., reckless driving, careless driv ing, running a red light/stop sign). I. LASER - Light Amplification by Stimulated Emission of Radiation, any state certified measured reflected light device or system, used to detect the speed of vehicles. J. Non-Hazardous Violations – those which are not like ly to involve or expose persons and/or property to risk, loss or damage. K. Radar - law enforcement speed measuring radar, any microwave -based speed measurement system, used to detect the speed of vehicles. L. Speed Enforcement – using measuring devices to enf orce speed limits (e.g., radar, laser). M. Step-Out Traffic Stop – an enforcement method in which a deputy temporarily moves onto the roadway and uses hand signals with the intent to stop a violator for a traffic infraction. N. UTC - Florida Uniform Traffic Ci tation form used for the issuance of traffic citations to traffic violators. 4. Procedures A. Enforcement Action Levels There are three general levels of traffic enforcement action available to deputies: 1. Warnings Warnings may be either written courtesy notices or verbal warnings . 2. Traffic Citations Deputies may issue Uniform Traffic Citations (UTC) for specific violations of Florida State Statutes. Deputies are encouraged to issue citations for traffic violations when the violation committed created a hazard that could have caused injury or damage to property. Deputies may issue citations without having the violator present (issue a citation via the mail) if they can (1) articulate a violat ion of Florida State Statute (F S), (2) identify the driver b y previous knowledge or by DHSMV D.A.V.I.D. photo match. Deputies completing a citation in absentia shall complete a Uniform Traffic Citation and then write “TO BE MAILED” in the violator signature block. The citation, including the violator’s copy, will be submitted to the Traffic Enforcement Section. The yellow violator’s copy will be mailed to the violator by the Traffic Enforcement Section with a letter of instruction. Deputies shall use discretion in choosing to mail citations to violators. 3. Physical Arrest 6.1.6, Page 3 of 15 a. Physical arrests may be made for most misdemeanor and all felony criminal violations of Florida traffic laws. All physical arrests will be in accordance with current law and written directives. No Incident Report will be necessary for arrests involving only traffic misdemeanor offenses. Criminal traffic violations may be handled by the issuance of a Uniform Traffic Citation requiring a mandatory court appearance. b. Non-residents of Orange County will not be afforded special considerat ions, and will be warned, cited or arrested as appropriate. c. Juveniles will be issued Uniform Traffic Citations and handled in the same manner as adults unless the violation results in the juvenile being taken into custody. Deputies taking a juvenile i nto custody shall follow GO 12.1. 1. d. Deputies who stop a legislator for a traffic violation shall use the same discretion to handle the violation as they would any other citizen. For members of the United States Congress refer to GO 7.1.1 e. Foreign diplomats and consular officials will be handled in accordance with GO 7.1.2. f. Deputies who stop a member of the military for a traffic

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