Traffic Enforcement Chapter 6

Police Traffic Function Movement Investigation – Taking a report – fill in the blanks – Investigation – causes of collision Enforcement Education – Public education campaign for new laws Design – Roadway design, marking or signage

Types of Collisions Running off the road – Impact with another vehicle or object upon leaving the roadway – Slide off Non-collision on the road – Roll over Collision with something else – Collision with pedestrian, other vehicle or animal

Accident Defined Reportable Accident An accident on a public way or a place where public traffic may reasonably be anticipated Resulting in bodily injury or death to a person Or property damage of $1000 or more Reported to police by quickest means possible Serious bodily injury or fatal accidents must be investigated by a full time LEO

Accidents Commercial vehicle (10k pounds or more) and death resulting requires Commercial Vehicle Enforcement and an Accident Reconstructionist to respond Occupied bus requires all passengers to be listed on the accident report

Accidents Late reported accidents Both parties Estimates View both vehicles Unattended vehicles – locate owner & exchange info Police accident report must be submitted within 5 days of the accident

Accident A garage proprietor is required to report to law enforcement a motor vehicle showing evidence of a serious accident or bullet damage

Accidents Accident scene can be a crime scene and needs to be treated as such Other hazards present – wires down, traffic, hazardous materials, biological material Don’t move cars if the accident has extensive damage or injury

Accidents May need to mark items that may be moved Reconstruction begins with the final rest position of what is involved – vehicles, people, items from car

Categories of Violations Infractions Misdemeanors Felonies Document Violations Equipment Violations Moving Violations

Uniform Summons & Complaint For criminal traffic offenses Must include – Officer’s name – Description of alleged offense – Time and place of alleged offense – Time, place and date to appear in court – Statement that signing the summons does not constitute an admission of guilt and failure to sign it is a Class E crime – It is a promise for them to appear in court – Failure to appear or respond results in an arrest warrant being issued

Violation Summons & Complaint (VSAC) Used for traffic infractions Same info as USAC but…. Must include the date on or before the person is to file a response with the Violations Bureau

Fine Money Most goes to the state’s General Fund Traffic infractions – 6% goes to the Law Enforcement Agency Reimbursement Fund – % to Highway Fund – % to General Fund

Speeding Section 2074 “…careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing.” Over limit by 30+ mph is criminal

Radar/Lidar Radio Detection and Ranging (RADAR) Light Detection and Ranging (LIDAR) Operator must be certified and able to explain how it is calibrated and used in court Calibration of device before use and at end of use Visual estimate of speed required Audio should be used

RADAR/LIDAR Stationary mode Moving mode Impacted by – Weather conditions – Size of target (Radar) – Angle in beam (Cosine effect)

Impounds Tow away report – Vehicle inventory – Damage – Contents Department policy required Contraband can be seized Private tows – Recorded in dispatch – repossessions or private property

Operating Under the Influence National Highway Traffic Safety Administration (NHTSA) List of 24 cues developed Based on 3 field studies and 12,000 traffic stops

Operating Cues Problems in maintaining proper lane position Speed and braking problems Vigilance problems Judgment problems Predict impaired operation at least 35% of the time Combining cues increases accuracy

Problems Maintaining Proper Lane Position Weaving Weaving across lane lines Straddling a lane line Swerving Turning with a wide radius Drifting Almost striking a vehicle or other object Probability =

Speeding and Braking Problems Stopping problems – Too far – Too short – Jerky Accelerating or decelerating for no apparent reason Varying speed Slow speed (10+ mph under limit) Probability =

Vigilance Problems Driving in opposing lane or wrong way on one way Slow response to traffic signals Slow or failure to respond to officer’s signals Stopping in lane for no apparent reason Driving without lights at night Failure to signal or signal inconsistent w/action Probability =

Judgment Problems Following too closely Improper or unsafe lane change Illegal or improper turn (too sharp, jerky) Driving on other than the designated roadway Stopping inappropriately in response to officer Inappropriate or unusual behavior (arguing) Appearing to be impaired Probability =

Post Stop Cues Difficulty with motor vehicle controls Difficulty exiting the vehicle Fumbling with license/registration Repeating questions or comments Swaying, unsteady or balance problems Leaning on the vehicle or other object Slurred speech

Post Stop Cues Slow to respond to officer or officer must repeat Providing incorrect information, changes answers Odor of alcoholic beverage from the driver Probability = greater than or equal to.85

Interview Have you had anything to drink (alcohol) today? How much did you have? What time did you start? When did you have your last drink? Where are you coming from? Where are you going?

Field Sobriety Tests Standardized Field Sobriety Tests – Horizontal Gaze Nystagmus (HGN) – Walk and Turn – One Leg Stand Based on research from the National Highway Traffic Safety Administration (NHTSA)

HGN About 88% accuracy Person instructed to follow an object in horizontal motion – with their eyes only Impaired – Difficulty smoothly tracking – Distinct jerking at maximum deviation – Jerking begins within 45 degrees of center

Walk and Turn Divided attention – listen & follow instructions while doing simple movements Nine steps heel-to-toe in straight line – then turn on one foot and return the same way in the opposite direction 79% who give 2 or more indicators will have BAC of.08 or more

Walk and Turn Can’t maintain balance while being instructed Begins before instructions are finished Stops while walking to regain balance Doesn’t touch heel-to-toe Steps off the straight line Uses arms to balance Makes the turn improperly Takes an incorrect number of steps

One Leg Stand Instructed to stand with one foot off the ground six inches for 30 seconds and count aloud (one thousand one…) Indicators – Swaying while balancing – Using arms to balance – Hopping to maintain balance – Putting the raised foot down 83% of those with 2 or more indicators will have a BAC of.08 or more

Combined Accurate in 91% of the cases when the clues from the 3 components are combined

BAC Tests Implied Consent.08 limit (over 21 yoa) Strict liability law – no intent required to be proven Intoxilyzer Blood