1. Traffic Enforcement Chapter 8

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

3. 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

4. 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

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

6. 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

7. 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

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

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

10. Operating Under the Influence Operation to develop probable cause – Weaving within lane – Moving over when another car approaches – Wide turns – Uneven movements

11. 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?

12. 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)

13. 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

14. 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

15. 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

16. 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

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

18. BAC Tests Implied Consent.08 limit Strict liability law – no intent required to be proven Balloon test Intoxilyzer Blood

19. Accidents Public way or where public traffic can be reasonably anticipated Bodily injury or death $1000 in damage Report by quickest means possible Fatal accidents must be investigated by a full time officer

20. Accidents Commercial vehicle requires Commercial Vehicle Enforcement to respond Late reported accidents – Both parties – Estimates – View both vehicles Unattended vehicles – locate owner & exchange info

21. 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

22. 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