Traffic Law Enforcement

Tarpon Springs Police Department Traffic Law Enforcement General Order # 252 Effective Date: March 15, 2021 Amends: G.O. 252 5/2011 Chief Jeffrey P. Young 252.01 POLICY The enforcement of traffic laws is a basic responsibility of the Tarpon Springs Police Department. Uniform enforcement policies and procedures support the ultimate goal of traffic law enforcement, which is to achieve voluntary compliance with the laws by all motorists and pedestrians, consequently reducing accidents. The responsibility for enforcing traffic laws and regulations is shared by all uniformed patrol personnel. The role of the patrol officer is to observe, detect, and prevent violations of traffic laws and to take appropriate enforcemen t action when violations are observed. Enforcement policies cannot and should not supplant the individual officer’s discretion. Enforcement actions should be based upon a combination of professional judgment, training, and experience in addition to writte n policy and procedure. 252.02 PURPOSE The Purpose of this General Order is to have all on -duty patrol officers to take the appropriate enforcement action for each violation of traffic law witnessed or reported to them, and to have all enforcement act ions accomplished in a firm, fair, impartial, and courteous manner to the violator and maintain the safety of the officer. 252.03 PROCEDURE The following policy outlines procedures to be followed for the enforcement of traffic laws, and performing traff ic stops. 252.04 All enforcement actions shall be accomplished in a firm, fair, impartial, and courteous manner using one of the following three methods: 252.041 Verbal or Written warning : A law violation has occurred, and the officer reasonably belie ves that a warning to the operator will reduce the likelihood of future occurrences. 252.042 Florida Uniform Traffic Citation: hereafter referred to as a UTC. A law violation has occurred, and the officer issues a citation instructing the operator to eit her pay a specified fine or appear in court. In the case of criminal traffic law violations, the citation serves as a notice to appear. 252.043 Physical Arrest : Persons charged with criminal traffic violations may be released on a UTC or physically arre sted based on the facts and circumstances surrounding the specific charges and the traffic event. Arrest is preferred in the following circumstances: 1. The offender is charged with D.U.I.; 2. The offender has no ties to the community, or there is a likelihood that the offender will not respond to the citation; 3. There is a reasonable suspicion that the violator is wanted in another jurisdiction; 4. The offender’s identity cannot be verified; 5. The offense constitutes a felony level crime; or, 6. Violations enumerated in 252.044 General Order #252 2 252.044 Computer information indicating a subject is Driving While License Suspended or Revoked may demonstrate the driver’s general disregard for traffic laws and for those sharing the roadways, or may be a computer information error. a. Ar rest is the preferred policy in those cases when the officer can determine that the offender’s license is suspended or revoked for: 1. A DUI conviction 2. Failure to submit to a chemical test for intoxication; 3. Habitual traffic violator; 4. Failure to co mplete court ordered programs when the suspension or revocation should be known to the violator; or, 5. A misdemeanor or felony conviction requiring the suspension or revocation of driving privileges. b. Care should be exercised in making arrests for susp ensions or revocations that involve financial responsibility or a single civil infraction. c. Officers should consider that information obtained from the automated records computer files may be subject to entry or cancellation delays or errors, such as a suspension date before the issue date on the license indicating a suspension that has erroneously not been cleared. d. If any question exists as to the status of a motorist's driving privilege, and no other circumstance would require physical arrest, the violator should be released on a UTC. 252.05 Traffic Enforcement: Uniform enforcement is a critical element of an effective traffic law enforcement strategy. Strict enforcement should be impartially administered and guidelines are provided to encourage all officers to enforce the same laws in the same manner. 252.051 D.U.I. - The preferred policy in those cases for which probable cause exists to charge driving under the influence, is arrest. See General Order #220 for guidelines and procedures for D.U. I. investigations. 252.06 Specific Offenses: Traffic citations shall be issued based on probable cause that satisfies the elements of the specific violation. 252.061 Speed Violations: Speed violations can only be determined by officers trained to make such determinations. A speed estimate constitutes reasonable suspicion for a stop, but may not constitute probable cause to issue a citation. Acceptable methods to develop probable cause include: 1. Pace by vehicle with certified speedometer; 2. RADAR reading when operated by a trained operator; 3. Laser reading when operated by a trained operator. 252.062 Generally, speed violations less than 10 miles per hour above the posted speed limit may result in a verbal or written warning as a disposition. With speeds a bove 10 miles per hour, officers should consider the following for guidance in deciding whether to issue a citation: a. Weather conditions; b. Traffic conditions and volume; c. Traffic Crash history; d. Roadway conditions; and, e. Citizen complaints about speeders in that area. 252.063 Other Hazardous/Non -Hazardous Moving/Non Moving Viol