62376758 (1).pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-79 GENERAL ORDER RESCINDS: E-17 (4/3/18) SUBJECT: Traffic Enforcement and Towing Procedures EFFECTIVE: April 14, 1995 REVISED: May 2, 2019 Table of Contents: I. Purpose II. Scope III. Conduct IV. General Policies: A. Multiple Violations B. Driving Under the Influence of Alcohol/Drugs C. Driving with a Suspended or Revoked License D. Equipment Violations E. Non-Residents of the State of Florida F. Military Personnel G. Foreign and Domestic Government Officials H. Emergency Personnel I. Hazardous/Non-Hazardous Violations J. Juvenile Operators K. Public Carrier/Commercial Vehicle Violations L. Newly Enacted Laws and/or Regulations M. Pedestrian and Bicycle Violations N. Off-Road Vehicles O. Traffic Crashes P. Seat Belt/Child Restraint Devices V. Enforcement Procedures VI. Deployment of Personnel VII. Citation Accountability VIII. Speed Measuring Devices IX. Driver Re-Examination Procedures X. Traffic Escorts XI. Non-Emergency Escorts XII. Assistance to Highway Users XIII. Parking and Towing XIV. Placing and Releasing Holds (General) XV. Junk (Abandoned) Vehicles XVI. Vehicle Impound Lot XVII. Traffic Records System XVIII. Traffic Engineering XIX. Traffic Review GENERAL ORDER Traffic Enforcement and Towing Procedures G-79 PAGE 1 OF 36\n\n--- Page 2 ---\n\nI. PURPOSE: This directive provides procedures for the enforcement of traffic laws, including the enforcement of parking violations, the towing of vehicles, and the use of the impound storage yard at Building 100. II. SCOPE: A. It is Sheriff's Office policy to enforce traffic laws in a uniform and consistent manner without regard to race, religion, sex, age, or economic status. B. There shall be no quota systems, imposed or implied, nor shall there be any procedure requiring Deputies to cite a specific number of motorists during a specified time period. III. CONDUCT: Deputies shall conduct themselves in a courteous manner and will not intentionally humiliate, embarrass or harass citizens. The purpose of traffic stops is to prevent traffic crashes, to bring violations to the attention of drivers, and to have a positive influence on their future driving habits. Deputies will: A. Be reasonably certain the vehicle they stop has committed the violation, B. Present a professional image by proper dress, grooming, and language, C. Maintain a professional attitude throughout the stop, D. Greet the driver in a courteous manner and promptly explain the reason for the stop before requesting the operator's license, registration, and proof of insurance (if required), E. Observe the driver for signs of physical impairment or emotional distress, F. Explain the citation to the driver and include information regarding: 1. If it is a criminal or moving/non-moving, non-criminal infraction, and if the offense may be paid by mail or requires a court appearance, 2. Any court appearance information or schedule, if appropriate, 3. The amount of the fine, if the fine may be paid by mail. If it is a mail-able violation, the driver is provided with a pre-addressed envelope to the Traffic Violations Bureau, 4. The appeal process available through the Traffic Violations Bureau, and 5. The potential availability of Driver Improvement School (arranged through the Traffic Violations Bureau). G. Conduct the traffic stop as expeditiously as possible. IV. GENERAL POLICIES: It is impossible to foresee every conceivable situation involving traffic violations. Deputies must decide what enforcement action is proper based on a combination of training, experience and common sense. The following policies address specific situations: GENERAL ORDER Traffic Enforcement and Towing Procedures G-79 PAGE 2 OF 36\n\n--- Page 3 ---\n\nA. Multiple Violations: Deputies shall exercise discretion when citing a driver with multiple violations. Consideration will be given to issuing citations that would combine charges encompassing multiple lesser violations. Deputies should not "stack" charges. B. Driving Under the Influence of Alcohol/Drugs: Deputies shall make a concerted effort to detect and apprehend those persons suspected of driving under the influence (see the Enforcement Policy and Procedure DUI Countermeasures Program). C. Driving With a Suspended or Revoked License: 1. Knowingly driving with a suspended or revoked license (“with knowledge”) is a criminal offense and Deputies may physically arrest drivers (with the exception of a "financial responsibility [FR] suspension" - see below). 2. Drivers with suspended or revoked licenses, if released at the scene of the traffic stop, will not be allowed to drive their vehicles from the scene and should be physically arrested if they attempt to do so. 3. When drivers are not physically arrested, Deputies will seize suspended or revoked licenses and attach them to the white copies of the citation which are submitted to the Division Captain (or designee), who then forwards them to the Clerk of the Court). 4. If drivers are physically arrested, their licenses are seized and attached to the Clerk of the Court's arrest case package along with the white copies of all issued citations. The driver’s license or ID must be scanned and uploaded into Café by the seizing deputy under the appropriate case number. a. If criminal citation is issued and driver is not physically arrested a “TC” report will be created by the issuing deputy and completed including probable cause narrative. “TC” report will be signed and notarized and attached to the white copy of the citation. Report and white copy of citation(s) will be turned in to the Division Captain (or Designee) to be forwarded to the Clerk of the Court. 5. Financial Responsibility [FR] Suspension: a. Drivers should not be physically arrested unless other circumstances are present which merit such action. b. If the driver operating the vehicle is the owner or co-owner and if his/her driver's license or registration has been suspended for financial responsibility reasons for more than 30 days, Deputies will seize the tag. Deputies must verify through FCIC if DHSMV has ordered the tag seized. c. Deputies forward seized tags to the Division Captain (or designee), along with a copy of the teletype ordering the seizure. The Division Captain (or designee) submits the tag to DHSMV. 6. When Impounding a Vehicle is Mandatory: a. Impoundment orders are issued when there is a specific license suspension or revocation history on the owner or co-owner. If a vehicle owner is arrested for driving GENERAL ORDER Traffic Enforcement and Towing Procedures G-79 PAGE 3 OF 36\n\n--- Page 4 ---\n\nwith a suspended or revoked license, Deputies are required to impound their vehicle if they find through a FCIC inquiry that DHSMV has ordered it impounded. NOTE: DHSMV determines if a vehicle is to be impounded. Deputies will not impound any vehicle unless DHSMV has placed such an order into the FCIC system, and then only if the driver is the owner or co-owner. b. Procedures for Impounding: (1) Request a rotational wrecker through the Communications Division, (2) Complete a Tow Sheet Form: (a) In the Reason(s) Towed Section of the form, circle "Other" and print "Vehicle Towed Pursuant to Section 322.34, Florida Statutes" (see below). REASON(S) TOWED: (Recovered/Stolen, Abandoned, Driver Arrested, Used in Crime) Other: Vehicle towed pursuant to Section 322.34, Florida Statutes. (b) Complete an inventory of the vehicle. (c) In the Vehicle Can Be Released Section of the form, circle "NO" and print "Until proof of insurance on vehicle is provided" (see below). VEHICLE CAN BE RELEASED YES NO HOLD (REASON): Until proof of insurance on vehicle is provided. (d) Disseminate copies of the form as indicated at the bottom of the form, ensuring that the arrested owner gets a copy. (3) The owner will be told the vehicle is being impounded pursuant to state law, and that it cannot be released until proof of insurance is presented to the Sheriff's Of