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New Smyrna Beach DUI Policies And Procedures

Kevin J. Pitts is a a New Smyrna Beach DUI Lawyer that frequently handles Daytona Beach DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since 2010. Mr. Pitts has obtained the New Smyrna Beach DUI Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, New Smyrna Beach or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case evaluation.

 

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New Smyrna Beach DUI Lawyer Kevin J. Pitts

NEW SMYRNA BEACH POLICE DEPARTMENT

NEW SMYRNA BEACH, FLORIDA

POLICY AND PROCEDURE DIRECTIVE

TITLE: TRAFFIC LAW ENFORCEMENT

NUMBER: 22-1

EFFECTIVE: 09/15

RESCINDS/AMENDS: 9-6-12

ATTACHMENTS: DHSMV Traffic Citation Procedure Manual

Diplomatic & Consular Privileges

POLICY

It is the policy of the New Smyrna Beach Police Department to provide for the safe and orderly flow of traffic through the jurisdiction by encouraging public compliance with traffic laws. It is policy of the department to enforce the vehicular and traffic law in a uniform manner. Uniform traffic citations will be completed in accordance with the DHSMV Traffic Citation Procedure Manual.

PROCEDURE

22.1.1 The Operations Division shall have primary responsibility for the enforcement of the Florida traffic laws, local traffic and parking ordinances.

22.1.2 Uniformed officers should, when appropriate, take enforcement action when a violation of a traffic law 22.1.3 Patrol Sergeants are responsible for:

 Supervising the traffic enforcement activities of patrol officers;

 Reviewing traffic enforcement documents (UTC’s, parking tickets, arrest reports) for accuracy and

 Inspecting traffic enforcement equipment.

TRAFFIC ENFORCMENT ACTIVITIES

22.1.4 Marked patrol vehicles shall be used for traffic law enforcement. Special purpose vehicles (unmarked cars, trucks, vans, etc.) will not be used for traffic enforcement activities unless properly equipped with emergency lights and siren. (CFA 17.08M-A)

 Officers engaged in traffic law enforcement activities may use traffic radar. Officers using traffic radar shall be certified in the operation of traffic radar. Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

TRAFFIC STOPS & STOPS OF UNKNOWN RISK

22.1.5 Officers may stop vehicles when they reasonably suspect that the driver or other occupants are in violation of law. Officers should be prepared to articulate the actual reason the stop was conducted.

22.1.6 Officers should stop the violator vehicle as soon as practical after the traffic offense has been committed. The following applies to emergency and non-emergency traffic stops. While initiating a traffic stop, officers should: (CFA 22.04M)

 Turn on the emergency lights; (CFA 22.04M-A)

 Activate the siren as necessary; (CFA 22.04M-B)

 At night, illuminate the stopped vehicle with the police vehicle headlights and spotlight; Hazard warning lights may be used in accordance with FS 316.2397. (CFA 22.04M-C,D)

 Use the public address system as appropriate to the situation; (CFA 22.04M-E)

 Activate the video recorder if equipped.

22.1.7 Officers conducting traffic stops must inform the Communications Center that they are stopping a

 The exact location, with the closest cross street; License plate number of the vehicle;

 A brief description of the vehicle and number of occupants.

TRAFFIC ENFORCEMENT DISCRETION

22.1.8 Officers shall take appropriate enforcement action for traffic violations. They may use discretion in determining the nature of the enforcement action taken (written warning, UTC, parking ticket) in cases of minor violations. Such minor violations include, but are not limited to: (CFA 22.03M)

 Speed violations; (CFA 22.03M-B)

 Disobeying Traffic Control Devices and other moving violations; (CFA 22.03M-C)

 Equipment deficiencies; (CFA 22.03M-D)

 Parking and other non-moving violations; (CFA 22.03M-F)

 When a motorist has committed several violations, which include some minor infractions (equipment violations, etc.) officers have the option of citing the motorist for the serious violations and warning the motorist regarding the other infractions. (CFA 22.03M-G, J, K)

 Newly enacted laws and/ or regulations, unless enforcement action is mandated. (CFA 22.03M-H)

22.1.9 Suspended, revoked or canceled licenses: (CFA 22.05M)

 DWLS (Unknowingly): This is a payable moving infraction and can only be used if the violator was suspended for failing to pay a fine or for financial responsibility. It is three-point violation, and the violator may elect the school option if he/her meets the criteria. This subsection cannot be used if the violator admits that he/she knew the license was suspended, nor can it be applied to habitual traffic offenders or commercial motor vehicle drivers.

 DWLS (Knowingly): This is a criminal offense with a mandatory court appearance. The officer must specify the reason the license was suspended and the number of previous convictions in the comment section of the citation.

 DWLS (Habitual Traffic Offender): Any person specified as a Habitual Traffic Offender charged and convicted under this statute is guilty of a third degree felony.

 DWLS (Commercial Motor Vehicle Driver): When this subsection is used to charge a violator, the Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15 officer must specify previous convictions in the comment section of the citation. See statute for specific degrees of offense based on prior convictions. 22.1.10 The preferred action for all felony/ DUI violators is a physical arrest. Misdemeanor crimes, including driving with a suspended license, will be evaluated by the officer and either a physical arrest or criminal citation may be issued. (CFA 22.03M-A, 22.05M)

PUBLIC CARRIER/ COMMERICAL VEHICLES

22.1.11 Public carriers and commercial vehicles must comply with all applicable laws, rules and regulations.

 Officers may summon assistance from the Highway Patrol or Department of Commercial Motor Vehicle Compliance for special equipment needs.

SPECIAL SITUATIONS

22.1.12 All violators shall be treated in the same courteous manner regardless of their address, race, nationality, or gender. (CFA 22.01A)

22.1.13 Members should reference the attachment for a list of diplomats or consular officials subject to traffic

JUVENILES

(CFA 22.01B)

22.1.14 Juveniles are issued uniform traffic citations and handled in the same manner as adults for traffic violations with the following exceptions:

 When a juvenile is arrested for driving under the influence the officer shall contact the Division of Juvenile Justice Intake Office (DJJ) to determine where the juvenile should be transported for the detainment period specified in FS 316.193.

 If the charge is a felony charge for leaving the scene of an accident involving death or personal injury,

316.027; A SA-707 will be completed in addition to the citation. DJJ will be contacted and will determine if the juvenile should be held secure or released.

 In addition to the citation an SA-707 will be completed for a misdemeanor violation of:

o Leaving the scene of an accident with property damage, 316.061;

o Fleeing or attempting to elude a police officer, 316.1935;

o DUI, 316.193;

o Reckless driving, 316.192;

o Making false accident report, 316.067;

o Willfully failing or refusing to comply with any lawful order or direction of any police officer or member of the fire department, 316.072.

PARKING ENFORCMENT

22.1.15 Parking enforcement is the responsibility of the Operations Division. Parking regulations shall be enforced with reasonableness and impartiality. Officers shall:

 Enforce parking regulations pursuant to state laws and local ordinances;

Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

 Report parking problem areas to the Operations Division Commanding Officer for assessment and action, if necessary.

22.1.16 Unlawfully parked vehicles may be towed when they present a hazard or obstruction to traffic. The vehicles shall be cited and towed in accordance with Directive 25-1 Vehicle Towing/Impoundment Procedures.

 The New Smyrna Beach Parking Violation Citation or UTC will be the only forms used to cite city and state parking violations. The citation must include a description of the illegally parked vehicle, the location, the nature of the violation, and the amount of fine.

 The citation shall be issued to the driver if the motor vehicle is attended or if the driver can be located within a reasonable period of time. If the vehicle is unattended, the officer shall issue the ticket to the registered owner and attach the ticket to the vehicle in a conspicuous place.

 When issuing the citation to a vehicle, the officer will conduct a check on the vehicle license tag to insure that the tag and vehicle match. No parking citation will be issued if teletype confirmation of the vehicle tag and description cannot be made.

DUI

(CFA 22.03M-A, 22.06M)

22.1.17 If sufficient probable cause has been established, and all elements of the DUI violation have been clearly established, the officer shall advise the subject that he/she is under arrest.

 The officer shall immediately notify Communications of the arrest. This will be the official time of

 The defendant will be asked if he/she will submit to a breath test. If the defendant refuses to submit to

 The defendant will be searched and seat-belted inside a caged department vehicle. (CFA 17.09M,

 The officer shall make appropriate disposition of the defendant’s vehicle and property in accordance

 The defendant shall be transported to the Police Department for testing and processing.

 If the subject’s BAC is less than .05 G/210L, the officer should investigate for drug usage or medical testing per Florida’s implied consent law the officer will read the defendant the Florida Implied

Consent Law and the associated penalties.

 An officer may require a person to submit to blood testing only when the officer has probable cause to

 A Blood Withdrawal FDLE/ICP Form will be completed when applicable and attached with the

 Upon receipt of laboratory results indicating a BAC level of .08% or higher, or indicating the presence with Directive 25-1 Vehicle Towing/Impoundment Procedures (or authorized alternatives), arrange for transportation and safety of any passengers conditions that may be the cause of impairment.

o Those suspected of being under the influence of drugs will be requested to provide a urine or blood sample for drug testing believe that the driver was the operator of a vehicle involved in a crash resulting in serious bodily injury or death pursuant to provisions and restrictions of FS 316.1933(1) – see the DHSMV Affidavit of Refusal form for details. Absent consent, exigent and unusual circumstance a search warrant will be required to obtain a blood sample. (Blood Draw Guide) original paperwork of drugs, the subject will be charged on a standard UTC. The officer will indicate ‘issue by warrant’ on the offender signature line.

22.1.18 When sufficient evidence of impairment pursuant to FS 316.1934(2)(b) .000 to .079 BAC – exists to establish probable cause for arrest, officers shall charge under this statute and transport the arrestee to the county jail. Every effort will be made to gather evidence through the observations of the officer and appropriate testing.

Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15

22.1.19 If the offender becomes ill, unconscious, or otherwise incapacitated, medical assistance will be provided. If incapacitation occurs prior to the taking of a breath sample, and a blood sample is taken resultant of the examination/admittance process, officers may subpoena the blood test result and or request a search warrant to seize the blood sample if preserved.

 If a driver refuses to provide a blood sample and has been taken to a medical facility, officers should ask medical personnel if blood was drawn resultant of the examination/admitting procedure. If a sample was taken officers may request a subpoena for the blood information and/or make application for a search warrant to seize the blood sample. Officers should not request the blood draw as the request may be determined to circumvent the warrant requirement.


New Smyrna Beach Blood Draw Serious Bodily Injury Or Death

Kevin J. Pitts is a a New Smyrna Beach DUI Attorney that frequently handles Daytona Beach DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since 2010. Mr. Pitts has obtained the New Smyrna Beach Blood Draw Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, New Smyrna Beach or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case review.

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New Smyrna Beach DUI Attorney Kevin J. Pitts

1. A Supreme Court decision (Missouri v. McNeely, 2013 WL 1628934 (U.S. 2013) requires a search warrant in all non-consensual blood draw cases absent unusual and exigent circumstance.

Commentary: The Court recognized that the passage of time naturally results in the dissipation of alcohol in a person’s blood and thus the loss of evidence. The Court also recognized the ability of experts to accurately calculate blood alcohol content at a point in time prior to the actual blood draw. The Court further observed that some delay in obtaining medical assistance for a blood draw was inevitable and that in many states warrant processing, including judicial review, could be accomplished electronically. Ultimately the Court concluded that there was little justification in the typical DUI case to dispense with the warrant requirement.

2. No forced blood draw should occur without a search warrant unless you encounter serious difficulties in your attempts to get a warrant or other circumstances make getting a warrant impractical.

• No warrant is necessary, even in cases involving serious bodily injury or death, if the suspect consents

• The limitations of FS 316.1933 remain in effect. Officers can only compel a blood draw in cases where

• A DUI suspect who refuses to cooperate with testing should be charged and/or processed for the refusal there is probable cause to believe that the suspect was under the influence of alcohol or drugs and was wholly or partially at fault in a traffic crash causing death or serious bodily injury to another person; under the appropriate subsection of FS 316.1932 even when a warrant is obtained and testing ultimately

3. In a serious bodily injury or death case, a blood draw without a warrant based on exigent circumstances should only be done as a last resort. Exigent circumstances might be found in a case where, despite strenuous efforts, no judge is available to approve the warrant or perhaps in a case where it takes hours to extricate the suspect from his vehicle and all evidence of intoxication is in danger of being lost. Detailed documentation of the exigent circumstances is critical.

4. If a driver refuses to provide a blood sample and has been taken to a medical facility, officers should ask medical personnel if blood was drawn resultant of the examination/admitting procedure. If a sample was taken officers may request a subpoena for the blood information and or make application for a search warrant to seize the blood sample. Officers should not request the blood draw as the request may be determined to circumvent the warrant requirement.

5. When appropriate, the facts and circumstance of a Judge’s refusal to issue a search warrant shall be properly documented in the officer’s report.

6. The blood test must be administered by a physician, certified paramedic, registered nurse, licensed practical nurse, or other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory technician acting at the request of a law enforcement officer. The blood will be drawn in the presence of the officer using a department issued kit. Directions for use are included with the kit. The officer shall complete a property report and request the person drawing the blood sign it over to the officer as evidence. The blood will be submitted into Evidence.

7. If criminal charges will not be filed until the results of the blood test are returned, the officer shall complete the crash report and state in the narrative sections that the issuance of a citation is pending the receipt of the blood test. When the test results are received, the officer will complete a supplemental report and will issue a citation or make an arrest as appropriate.


Holly Hill DUI Policies And Procedures

Attorney Kevin J. Pitts is a Daytona Beach DUI Attorney that frequently handles Holly Hill DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since leaving the State Attorney’s office in 2010. Mr. Pitts has obtained the Holly Hill DUI Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, Ponce Inlet or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case review.

Holly Hill Police Department

General Order 61.3

Title: Impaired Driver Enforcement

General Order:  61.3

Effective:  December 1, 2002

 Revised:   October 1, 2011

October 1, 2012

May 1, 2015

  1. Purpose: This Order establishes a comprehensive policy for enforcing the laws that prohibit persons impaired due to alcohol or chemical substances from operating vehicles.
  1. Policy: To reduce the incidence of traffic crashes and fatalities, the Holly Hill Police Department shall vigorously enforce Florida’s statutes regarding impaired drivers.
  1. Procedure:
  1. Training: To provide more effective enforcement and prosecution, the Department shall provide members with training on how to detect, test, and arrest impaired drivers.
  1. Members shall be provided training through:

1)  Basic Recruit Training,

2)  In-service training, as necessary

  1. Enforcement Measures: The Department may participate in the following prevention and enforcement measures. (The list is not intended to be exhaustive.)
  1. Traffic checkpoints;
  1. Selective enforcement;
  1. Participation in community projects and programs.
  1. Detection: Members can detect an impaired driver through a variety of means.
  1. Actions: The following are some driving actions that may indicate that a driver may be impaired:

1)  Causing a crash.

2)  Driving on wrong side of roadway;

3)  Driving too slowly or too fast,

4)  Driving without headlights on (at night),

5)  Turning with a wide radius,

6)  Straddling center lane,

7)  Weaving or swerving across road,

8)  Braking or stopping erratically or inappropriately,

9) Driving erratically or recklessly,

10) Following too closely

11)  Slow response to traffic signals,

12) Turning abruptly or illegally.

13) Signaling inconsistent with driving actions.

  1. Conditions: The following are some conditions that may indicate that a driver is impaired:

1) Odor of alcoholic beverage,

2)  Slurred speech,

3)  Blood-shot eyes,

4)  Dilated pupils,

5)  Incoherent behavior,

6)  Presence of alcohol/drug containers.

  1. Pre-Arrest Screening Tests:
  1. Request: If a member has reason to believe that a driver may be impaired, the member may request that a driver take the standardized field sobriety test.
  • The test is to be conducted prior to making an arrest.

2) The member does not need to issue the driver a Miranda warning prior to the issuance of the test.

3) Visually assess and inquire whether a driver has any disabilities that would affect the test results.

4)  Request a video camera (if available) to film the test.

  1. Refusal: The driver can refuse to take the test, and the member cannot compel the driver to take a test.
  1. Location: Members shall only conduct the tests in a safe location, which is away from vehicle traffic and not between stopped or parked vehicles.
  1. Standardized Field Sobriety Test: To detect impairment, members shall administer (if trained) the standardized field sobriety test using the following exercises:

1) Horizontal Gaze Nystagmus

2)  Walk-and-Turn,

3)  One Leg Stand,

4)  Finger-to-Nose,

  1. Notes: Members shall take detailed notes on the driver’s actions regarding how the driver performed the tests. The notes should be taken during the test or, if not practicable, immediately following the test.
  1. Probable Cause: Based on the subject’s driving and/or personal actions (to include field sobriety test, if driver submits), the member shall determine whether probable cause exists; if it does, the driver should be arrested.
  1. Physical control: To be arrested for DUI, a person must be driving a vehicle or be in actual physical control of it. Factors which indicate physical control can include:

1)  Location of vehicle,

2) Position of person in vehicle,

3)  Running or warm engine,

4)  Keys in ignition,

5)  Headlights/taillights on,

6)  Brake-lights on.

  1. Arrest: If the driver is arrested, the arresting officer shall:
  1. Arrange for disposition of the driver’s vehicle using one of the following options:

1) Give the vehicle (with driver/owner’s permission) to a family member or friend who has a driver’s license.

2) Leave the vehicle, if legally parked and secured,

3) Tow the vehicle via contractual wrecker

  1. a) If held as prisoner property,
  1. b) If held as evidence pursuant to related (or unrelated) charges.

4) Release the vehicle to a towing service of the driver’s choice if the wrecker can respond in a reasonable amount of time.

  1. Read the arrestee the motor vehicle DUI Implied Consent;
  1. Transport the arrestee to the Volusia County Sheriff’s Office B.A.T. Unit, or any other available facility with breath or other appropriate chemical testing equipment.
  1. Breath Testing: After arresting the driver, members may arrange for the driver to be breath tested when conditions permit.
  1. The Holly Hill Police Department utilizes the services of the Volusia County Sheriff’s Office B. A. T. Unit.

1) If the B.A.T. Unit is unavailable, a member from another agency may perform the test.  The on-duty supervisor should request assistance through the outside agency’s command and arrange for the arresting officer to transport the subject to the outside agency for testing.

  1. Breath testing shall be administered only by an FDLE certified breath test technician.
  1. Miranda Rights do not need to be given prior to field sobriety tests or chemical tests.
  1. Before a breath test can be administered, a subject must be observed for 20-minutes to ensure that the subject has not placed anything his/her mouth.
  1. Urine: If the officer suspects an arrestee is impaired due to drugs or a chemical substance, the officer may request a urine sample.
  1. Method: The urine sample shall be collected at the Branch Jail or other facility by a member of the same gender.
  1. Submission: The sample shall be placed into the secure refrigerator in the Briefing Room, sealed with evidence tape, and labeled with:

1)  Arrestee’s name,

2) Date sample was collected,

3) Initials of person who collected the urine,

4) Incident report number

  1. Analysis: The sample shall be submitted to the FDLE lab by the Property/Evidence Technician.
  1. Blood Test:
  1. Conditions:

1) Verification: Members should consult Florida State Statutes and a supervisor regarding additional conditions which may/may not be covered in this order but which may impact their actions and/or authority.

2) General Conditions/Implied Consent [FSS 316.1932]:  If reasonable cause exists that a driver is impaired, a blood test may be conducted when the driver appears for treatment at a medical facility (to include a medical emergency vehicle) and the administration of a breath or urine test is impractical or impossible.

  1. a) A person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn consent.

3) Serious/Fatal Injury [316.1933]: When a person in physical control of a motor vehicle causes a death or serious bodily injury to any person, reasonable force may be used to extract blood from the driver, even if the driver refuses.

  1. a) Serious injury includes that which creates a substantial risk of death, disfigurement or protracted loss or impairment of the function of any bodily organ or member.

 (1) Injury to ‘any person’ includes the [potentially] impaired driver.

  1. Blood Kits: Blood sample collection kits may be obtained from the on-duty supervisor.
  1. Request Form: To request blood to be drawn, a Request for Blood form and Certificate of Blood Withdrawal form must be completed.
  1. Method: Only the following people are authorized to draw blood for the purpose of testing blood alcohol content: physician, certified paramedic, registered nurse, licensed practical nurse, licensed laboratory director, supervisor, technologist, or technician, or any personnel authorized by a hospital to draw blood.
  1. Labeling: The blood vial shall be sealed with evidence tape and labeled with:

1)  Arrestee’s name,

2) Date sample was collected,

3) Initials of technician who drew the blood,

4) Incident report number.

  1. Storage: The blood sample containers shall be placed into the secure refrigerator in the Squad Room.
  1. Refusal: If the offender refuses to submit to any chemical test(s), the offender’s driver’s license is automatically suspended for one year (or 18-months for a second refusal).
  1. The officer who read the subject the implied consent (usually the arresting officer) shall complete an Affidavit of Refusal to Submit to Breath, Urine, or Blood Test form and collect the person’s driver’s license.
  1. Miranda Rights: Read the arrestee the Miranda rights before asking any incriminating questions, conducting an interview, or completing an Alcohol Influence Report.
  1. Documents: The arresting member shall complete or collect the following documents:
  1. Complete the HHPD DUI Report, to include:

1) Forms relating to:

  1. a) Suspect’s driving actions,
  1. b) Suspect’s behavior and statements,
  1. c) Suspect’s performance on the field sobriety tests,
  1. d) Vehicle’s condition and other physical evidence,
  1. e) Results of chemical tests,
  1. f) Suspect interview.

2) Chemical test documents, to include:

  1. a) Intoxilyzer printer card,
  1. b) Intoxilyzer Check list,
  1. c) Breath Test Affidavit.

3) Investigative narrative, detailing the incident, starting with the point of observation/contact through both pre-arrest screening and post-arrest activities.

4) An attachment checklist, included in the Forms packet, listing the items to be photocopied (e.g., DL, DUI citation, breath-test documents, etc., as applicable) and attached as part of the packet.

  1. Traffic Citation: Members shall complete the applicable civil or criminal traffic citations.

1) Members shall use the DUI uniform traffic citation when charging a person with DUI.

  1. Driver’s License: When a subject is arrested for DUI and has a breath alcohol level in excess of .08, the subject’s DL shall be confiscated and attached to the two white copies of the citation.

1) The yellow (Defendant’s) copy of the DUI citation shall serve as a temporary 10-day driving permit, if eligible.

  1. Complaint Affidavit: A Complaint Affidavit outlining the probable cause shall be completed for any cases involving a DUI arrest.

1) For cases where blood is drawn, do not arrest the driver or submit an arrest affidavit; rather, complete a sworn complaint and forward it to the State Attorney’s Office via Records. (This will enable the blood test analysis to be conducted without invoking the speedy trial rule.)

  1. Evidence/Property Report: Complete an Evidence/Property report for any items of property (to include chemical samples) submitted as evidence.
  1. Records Submission: Records, forms, citations, and reports shall be submitted to a supervisor for review and then forwarded to Records upon approval.

South Daytona DUI Policies And Procedures

Attorney Kevin J. Pitts is a Daytona Beach DUI Attorney that frequently handles South Daytona DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since leaving the State Attorney’s office in 2010. Mr. Pitts has obtained the Ponce Inlet DUI Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, Ponce Inlet or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free case evaluation.

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South Daytona DUI Attorney Kevin J. Pitts

SOUTH DAYTONA POLICE DEPARTMENT POLICY AND PROCEDURE DIRECTIVE DUI ENFORCEMENT 608 EFFECTIVE: 08/25/2014 RESCINDS: 06/2013 REFERENCE: F.S.S. 316.193, 322.34(9)(a) CFA STANDARD 4.0: (22.03M-A), (22.06M);(23.01-C);(30.12M) APPENDIXES:

PURPOSE To establish guidelines for conducting DUI countermeasure programs which are designed to reduce alcohol and drug related crashes. DISCUSSION Drivers impaired by alcohol and/or drugs represent the single most dangerous threat to the life and safety of the people who use the streets and roads of this state. It is estimated that as many as 45% of all traffic fatalities are alcohol or drug related. Only comprehensive and coordinated countermeasure programs which include enforcement, education, and public support will have an impact on people who drive under the influence. These countermeasures are aimed at protecting innocent motorists.

POLICY 608.1 It will be the policy of the South Daytona Police Department to take an aggressive approach towards the detection and apprehension of persons who drive under the influence. Officers must be alert in noticing signs of impairment, and act accordingly when stopping someone suspected of driving under the influence 608.2 Officers must follow established procedures for stops, Standardized Field Sobriety Exercises, videotaping, and breathe testing.

608.3 Detection is the first step in any DUI enforcement action. The officer’s observations are crucial in establishing probable cause upon which the arrest decision is based. Officers are expected to conduct a thorough and complete investigation to obtain all possible evidence concerning the subject’s impairment and formulate an appropriate arrest decision based on the evidence accumulated.

608.4 In the event that the subject’s impairment or actions are not sufficient enough to support an arrest for DUI, officer discretion shall allow for alternative steps. Alternative steps shall include but are not limited to: (CFA 22.03M-A) 608 – Page 2

 Calling a taxi cab for the subject (providing they have means for payment of the taxi fare)

 Calling another person with a valid driver’s license to take custody of the subject.

TRAINING 608.5 All Police officers shall be afforded the opportunity to attend the Standardized DUI Detection and Field Sobriety Training and receive refresher training when available.

STANDARDIZED FIELD SOBRIETY AND VIDEO PROCEDURES 608.6 This policy shall establish a standard procedure regarding DUI related contacts within the Department including initial roadside exercises, video procedures, and crash cases. Because of the multitude of different variables involved in DUI situations, the following policy shall serve as a general guideline which may be adapted in unusual circumstances.(CFA 22.06M)

608.7 When an officer comes in contact with a subject that he believes may be in violation of Florida Statutes regarding driving under the influence, he shall advise dispatch of this fact.

608.8 Whenever possible, a back-up officer shall respond to assist the initiating officer.

608.9 Either the initiating officer or the back-up officer should use an in-car video camera to record the field sobriety exercises.

608.10 The officer shall follow the procedures outlined in the South Daytona DUI Processing Form and request the subject to perform the listed physical performance exercises.

608.11 Only officers who are familiar in the use of an in-car camera should use these cameras.

608.12 The officer shall endeavor to find a clear, level ground in the area of the initial contact where the exercise is to be performed. The area should be safe from motor vehicle traffic and well lit if possible. 608.13 Upon completion of the field sobriety exercises, the initiating officer shall take appropriate police action based upon the probable cause obtained.

608.14 If the subject is arrested for DUI and they agree to submit to a breath test, they should be transported to SDPD or the nearest location available for a breath test operator. If the subject refuses the breath test after the officer reads the subject implied consent, then the officer is encouraged to transport the subject directly to the Volusia County Branch Jail (VCBJ) after the necessary paperwork is completed.

608.15 If the subject chooses to contact an attorney, the subject will be allowed access to a telephone, if available, to contact his attorney.

608.16 The subject shall be given ample opportunity, no longer than 15 minutes, to make the appropriate phone call(s). Upon completion, the appropriate procedures will be completed and the subject should be given the opportunity to take a breath test. 608 – Page 3

DUI ARRESTS AND BREATH TESTING 608.17 Violators shall be arrested and a charging affidavit completed for all offenses that constitute a crime pursuant to Florida Law (driving under the influence, reckless driving, leaving the scene of a crash with injury, etc.) when probable cause exists. 608.18 When a subject has been arrested for DUI, the violator shall be given the opportunity to take a breath test whenever possible and practical.

608.19 Breath tests shall be administered by a certified breath test operator who shall conform with the rules and procedures adopted by the Implied Consent Program of the Florida Department of Law Enforcement. Breath test operators are responsible for ensuring they attend mandatory retraining courses in order to maintain their certification.

608.20 The operator will be responsible for entering the information into the breath test instrument as well as completion of the following applicable paperwork:

 Breath Test Result Affidavit

 Refusal Form 6

08.21 Information entries should be completed on ALL breath tests performed on the instrument, even if not of evidential value.

608.22 All information entered MUST be accurate and complete.

608.23 If subject’s BAC does not substantiate impairment, check for drugs or medical condition that may cause impairment. Notify the Shift Supervisor immediately. If deemed appropriate, and with the approval of a supervisor, an on-duty Drug Recognition Expert (DRE) may be contacted for assistance. A DRE will not conduct an evaluation on any subject who has a BAC above 0.08%, or who has refused a breath test. In addition, should the subject’s BAC analysis result indicate extreme impairment with a result of 0.30% or higher, notify the Shift Supervisor immediately and: (CFA 30.12M)  Attempt to obtain another breath sample after another 20 minute observation period. This is to see if the subject’s analysis result is increasing or decreasing.  If the result indicates a decrease, proceed as with any DUI arrest. If the result indicates the same or an increase, the subject may be suffering from alcohol poisoning and should be transported to the hospital for a medical evaluation.

608.24 Conduct supplementary chemical test(s) in accordance with State requirements.

608.25 If the subject refuses to submit to an evidential chemical test, complete appropriate forms to invoke the implied consent sanction.

608.26 The operator should notify the breath testing agency inspector of any malfunction, deviation, or needed changes relating to the breath testing instrument.

608.27 If a breath testing operator is not available or on-duty at the time, a breath test should be requested from a surrounding police agency prior to calling-out a department operator (based upon the supervisor’s discretion). 608 – Page 4

608.28 If another police agency requests a breath test and/or video to be conducted by this Department, the supervisor should be notified and make the decision if an operator is available and if the current activity level permits such assistance.

608.29 Operators will complete an Incident Report when breath tests are conducted for outside agencies.

608.30 If the requesting agency sends their own operator to perform the breath test, they may be allowed access to the breath testing instrument and video equipment if available.

608.31 When a breath/blood/urine test has been conducted on a subject, the subject has a right by Florida Statutes to an independent test of his blood. If a defendant makes such a request, upon completion of the DUI and other processing procedures, the subject should be given access to a telephone in order to make arrangements for his independent blood test.

608.32 If the subject is able to make the necessary arrangements for an independent blood test via telephone, then the subject should be transported to the location for the test within a reasonable distance of the Police Department.

608.33 If the subject has not been able to make arrangements for the test, normal procedures and transport to VCBJ shall not be delayed. The subject is responsible for the proper evidence procedures relating to the independent blood test.

DUI ARREST PAPERWORK 608.34 This policy shall provide requirements and guidelines for the issuance of DUI citations, seizure of drivers licenses, issuance of temporary drivers permits and proper completion of related paperwork under the DUI administrative suspension law, effective 10/01/90, for drivers who have a BAC of .08 or higher or who refuse the breath/blood/urine test.

608.35 All DUI citation forms are to be completed in accordance with the procedure outlined in State of Florida Policy, Section IV-B, DUI (BAC .08% or above) Uniform Traffic Citation Procedures for Completion, that have been issued to all SDPD Police Officers.(CFA 22.06M)

608.36 All driver licenses in the subject’s possession shall be confiscated, attached to the paperwork and submitted to the DL Bureau of Administrative Review.

608.37 A temporary permit shall be issued when:  The subject possesses a valid DL  If the subject professes to have a valid DL, even if not in possession and the computer system is down  If the subject does not have a DL in his possession but it can be verified by computer

608.38 If the subject does not have a DL in his possession, check the “no” box by license surrendered, and insert the reason DL not surrendered in the space provided.

608.39 If you cannot confirm a DL due to the computer system being down, write “computer down” in the “eligible for permit” area.

608.40 A temporary permit will not be issued when the defendant’s license is under suspension or the defendant does not have a DL in possession and a computer check reveals “no record found.” 608 – Page 5

608.41 Even if the subject refuses to take a breath, blood or urine test, the defendant will still be issued a temporary drivers permit if the subject meets the eligibility requirements.

608.42 Duplicate temporary permits may not be issued. The only exception to this will be Commercial Driver License holders, who will be issued both the permit and the CDL disqualification form, which will immediately place the CDL holder out-of-service from operating a commercial motor vehicle.

608.43 Original signatures are not required on all copies of Charging Affidavit or on the refusal forms. But, these forms must be officially sworn to, including the raising of the right hand.

608.44 After the necessary paperwork is completed, the defendant is to be transported to the Volusia County Branch Jail. The bond is to be indicated on the Charging Affidavit when the prisoner is transported to the jail.

608.45 If the breath test results are under .050 g/210L, the defendant shall be requested to submit to a urine test, (as under Florida Implied Consent Rules). The Shift Supervisor will be immediately notified by the arresting officer.

608.46 If, after completing the urine test, it is apparent to the arresting officer and the Shift Supervisor that the defendant is not giving any indication of being impaired or under the influence of drugs or alcohol, the defendant shall be released, if no other charges or circumstances are pending to prevent release. These types of situations should rarely, if ever occur. If it does, the Shift Supervisor shall complete a memo to the Patrol Commander explaining the circumstances.

608.47 Refusal to submit to the requested urine test will be treated as a refusal and the defendant will be transported to the VCBJ.

608.48 The detainment of Juveniles arrested for Driving under the Influence is not addressed in Florida Statute 316.193. Police officers should contact the Department of Juvenile Justice Volusia Regional Center (formerly known as DYS) to determine where the juvenile should be transported for his/her detainment period. However, DJJ may not receive an intoxicated youth into their facility without a hospital clearance. After the hospital clearance, DJJ may accept the youth or authorize the juvenile be released to a parent or guardian.

608.49 When the defendant is transported to the Volusia County Branch Jail, the following paperwork should be sent to the jail:  The original Charging Affidavit  Copy of Implied Consent or Refusal to Submit form  Copy of DUI packet  Copy of Breath Test Result affidavit  White copies of all DUI and UTC citations, including the CDL disqualification form for CDL holders

608.50 Copies of citations and the CDL disqualification form (if applicable) should be made for Records and remain with the report. Please copy the original pages of the documents so that Records has clear copies. BLOOD TEST REQUEST

608.51 If the subject refuses to submit to a blood test when requested, a DUI citation is to be issued with a refusal form completed and submitted with the Charging Affidavit. (CFA 22.03M-A, 22.06M) 608 – Page 6

608.52 Remember, ALL charges and citations relating to a crash shall be completed at one time — either when blood is drawn or when the blood results return. (See Policy and Procedure Directive 607, Traffic Crash Investigations.)

608.53 If blood is drawn from the defendant, a “Certification of Blood Withdrawal” is to be signed by the person drawing the blood and submitted with the report.

608.54 A toxicology services “Work Request Form” shall be completed by the investigating officer on all blood and urine samples. A copy is to be made for the report and the original is to be placed on the outside of the Booking Office refrigerator.

608.55 No forms are to be sealed in the specimen container. Follow the directions on the instruction sheet, affix the necessary labels and obtain the required initials.

608.56 Blood and urine specimens are evidence and shall be placed in the booking room refrigerator, with the refrigerator door being locked. The evidence tag and toxicology work request form are to be placed on the outside of the refrigerator.

608.57 If the defendant is arrested for DUI and transported to the hospital because of illness or injuries, and the defendant is going to be admitted to the hospital, the defendant can be ROR’d at the hospital. (CFA 22.06M)

608.58 All the officer needs to do in this case is issue the appropriate citations, if applicable, and give the defendant his copies.

608.59 If the defendant was involved in a crash where a human being received “serious bodily injury,” per State Statute, blood can be forcibly taken and the citations can be issued either when the blood results return from FDLE or at the time of the DUI arrest, which starts the 90 day prosecution rule. While the statute does not specifically address the obtaining of a search warrant prior to the forcible taking of blood, officers should always ask for a subject’s consent prior to obtaining blood or prior to obtaining a warrant where circumstances and time allows for the securing of the warrant.

608.60 If no one has serious bodily injury, and the defendant refuses a blood test, the officer must arrest the defendant for DUI and issue the defendant a DUI UTC, and all other paperwork at this time.

608.61 In a case where a breath test is impossible or impractical and blood has been drawn or requested, the following procedure is to be followed: (CFA 22.03M-A)  If the DUI charges are to be filed when the blood results are returned from the crime lab and the blood results show a .08% BAC or higher, a UTC is to be completed and submitted with the Charging Affidavit.  The officer is to write “unable to sign” in the area of the citation that requires the defendant’s signature. URINE TEST REQUEST

608.62 In accordance with State Law, a urine test may be required of a subject suspected to be under the influence of drugs other than alcohol. Both blood and urine collection kits are stored in the evidence supply storage cabinet in the booking office.

608.63 Whenever possible, the arresting officer shall witness collection of the urine, using due regard for the privacy and sex of the suspect. When the subject is the opposite sex of the arresting officer, an officer of the same sex as the subject shall witness collection of the urine, or if such officer is not available, an officer from another jurisdiction or DUI Technician who is the same sex as the subject may be requested to do so. When collecting urine samples, the officer shall attempt to obtain 2 ounces of urine, which is 50 milliliters, as the container indicates. 608 – Page 7

608.64 No forms are to be sealed in the specimen container. Follow the directions on the instruction sheet, affix the necessary labels and obtain the required initials.

608.65 Blood and urine samples are evidence and shall be placed in the booking office refrigerator. A toxicology “Work Request Form” shall be completed by the arresting officer on all blood and urine samples. A copy of the request form is to remain with the property/evidence page and be placed on the outside of the temporary evidence refrigerator.

SEIZURE OF VEHICLES IN DUI CASES 608.66 Under certain circumstances, a person’s vehicle may be seized and forfeited if the person driving meets the following criteria, according to F.S.S. 322.34 (9)

 The person driving the vehicle must be arrested for DUI

 The person driving the vehicle must be the registered owner or co-owner of the vehicle

 The person driving the vehicle must have a currently suspended, revoked, or cancelled driver’s license as a result of a prior conviction for DUI

608.67 If all of the above criteria are met, the officer and the Shift Supervisor must then decide if the vehicle is worth seizing.

608.68 A lien check (query lien) should be conducted through teletype to determine if money is owed on the vehicle.

608.69 Once the officer and Shift Supervisor make the decision to seize the vehicle, the officer shall advise the impounding company that the vehicle will not be released to the owner.

608.70 The officer must also complete the required seizure paperwork, (a.k.a. Forfeiture Action Form) and give the defendant a copy of such.

608.71 As in all forfeiture cases, the Shift Supervisor will ensure that a copy of the incident report, signed forfeiture form, photograph of the property/vehicle and a memorandum outlining the event is immediately forwarded to the Criminal Investigations Commander. The Commander will review and make the determination whether to proceed with the seizure. (See Policy and Procedure Directive 1204, Forfeiture.)

INTOXILYZER MAINTENANCE 608.72 It shall be the responsibility of the breath testing agency inspector to insure that the Intoxilyzer 8000 series breath testing instrument used by this department is kept clean and in good working order.

608.73 The agency inspector shall be responsible for performing the agency inspection on the instrument in accordance with the rules and procedures set by the Implied Consent Program of the Florida Department of Law Enforcement. Agency inspectors shall also be responsible for ensuring they attend mandatory retraining courses in order to maintain their certification.

608.74 The agency inspector shall ensure that proper records and logs are maintained regarding breath tests and agency inspection tests that are conducted and shall also maintain the required records with the F.D.L.E. and the Bureau of Driver Improvement regarding the breath test instrument and status of current certified technicians. 608 – Page 8

608.75 It will be the responsibility of the agency inspector to be aware of the current supply inventory and the safe storage and disposal of same.

608.76 The agency inspector shall submit an annual budget to the department administration regarding the maintenance and supply costs of the breath testing equipment.

608.77 The agency inspector will be responsible for all extra keys to the intoxilyzer cabinet and shall distribute them only after an officer has successfully completed the intoxilyzer operator’s course.

608.78 Any malfunctions in the equipment shall be brought to the attention of the Professional Standards Commander or Chief of Police as well as the area inspector for F.D.L.E.

DRIVING UNDER THE INFLUENCE (DUI) CRASHES (CFA 23.01-C) 608.79 Once a driver is suspected of being impaired, the investigating officer will take notice of all physical characteristics related to DUI for inclusion in the crash report narrative and arrest affidavit.

608.80 Statements made by the driver during a crash investigation prior to Miranda Warning being read are considered privileged under the accident/crash statutes of Florida law, F.S.S. 316.066(4).

608.81 Once an officer has completed the investigation as to the cause of the crash, the investigation into DUI can begin. (This does not mean the report must be complete, just that the facts are known and a report could be generated.)

608.82 It is important to inform the driver that the officer has “changed hats” from crash investigation to criminal DUI investigation. This is accomplished by advising the driver of the Miranda Warning.

608.83 While it is not required during typical DUI traffic stops to read a Miranda Warning, investigators should read the warning at DUI crash investigations. All statements made by the suspect can then be used against him, and the “changing of hats” difference between the crash investigation and criminal investigation into the crash have now been clearly established.

608.84 The suspect should then be given the standardized field sobriety exercises. In cases where the suspect refuses to submit to an exercise, he should be informed that refusal to submit will be used against him as evidence.

608.85 Upon completion of the exercise (or refusal of the exercise), an arrest under probable cause or release should be made.

608.86 If the suspect is incapacitated by injury and a breath test is either impractical or impossible, a blood draw of the suspect may be requested for submission to the FDLE crime lab. The blood draw can only be requested if there is probable cause to believe that the suspect is under the influence, and the suspect has been placed under lawful arrest for DUI.

608.87 If the suspect refuses to submit to the chemical test (blood draw), implied consent should be read and if refusal continues, a refusal form shall be completed and submitted with the arrest affidavit. The original copy of the refusal form will be required for the administrative suspension packet. A copy of the refusal and a DUI citation shall be submitted with the arrest affidavit. If the suspect agrees to the blood draw, the suspect should be issued the charge of DUI on a regular citation. Remember, a DUI citation can only be issued in the case of a refusal, or when the blood analysis result is known and is 0.08% or above.

608.88 If the officer has probable cause to believe that a suspect is under the influence and involved in a crash which causes serious bodily injury or death of a human being, the officer may use reasonable force to obtain a blood sample. It is imperative that the definitions of “serious bodily injury” have been fulfilled. In these crashes blood can be forcibly 608 – Page 9 taken without consent of the suspect and without the suspect being under arrest ONLY IF THE TOTALITY OF THE CIRCUMSTANCES DEEM THE EXIGENCY OF THE SITUATION MAKE THE NEEDS OF LAW ENFORCEMENT SO COMPELLING THAT A WARRANTLESS SEARCH IS OBJECTIVELY REASONABLE. If the totality of the circumstances do not deem the exigency, officers must obtain a warrant prior to obtaining blood. (The natural dissipation of alcohol in the bloodstream does not automatically constitute an exigency in every case). The DUI arrest can be made at this time, or the officer may choose to wait until the blood analysis results come back from the crime lab. Whatever time the arrest is made, the speedy trial prosecution rule begins. (See F.S.S. 316.1933(1).)

608.89 Blood samples shall be collected in the approved container provided by the Department. Prior to transmittal to the FDLE lab, samples shall be placed in the evidence refrigerator and the refrigerator door shall be locked. The evidence tag and toxicology work request form are to be placed on the outside of the refrigerator. (See Policy and Procedure Directive 706, Evidence.)

608.90 It is important that officers issue all citations at the same time, be they infractions or criminal violations. All citations that are part of the crash investigation must be issued at the same time so as to avoid double jeopardy. Remember, it is the officer’s prerogative to affect a DUI arrest at this time for serious bodily injury crashes and complete all of the arrest paperwork, or wait until the blood returns from FDLE and complete all of the paperwork then. Once again, this option is only available for DUI’s involving serious bodily injury. All other DUI’s require that an arrest must be made before the chemical test is administered.

608.91 If a suspect is arrested for DUI and transported to the hospital because of illness or injury, and the suspect is going to be admitted to the hospital, the suspect can be ROR’d at the hospital. Necessary paperwork must be completed for proper documentation of evidence.


Orange City DUI Policies And Procedures

Orange City DUI Attorney Kevin J. Pitts has obtained the Orange City DUI Policies and Procedures by public records request. Mr. Pitts is a former Volusia County DUI prosecutor who focuses his practice on DUI, Criminal Defense and Traffic Tickets. If you are accused of a DUI in Orange City contact Deland DUI Attorney Kevin J. Pitts at 386-451-5112 to set up a free case evaluation.

DCIM100MEDIA

Orange City DUI Attorney Kevin J. Pitts

PURPOSE

To describe procedures a member may use if an individual is suspected of driving under the influence of alcohol or drugs.

MEMBER

350.1.

1. When an officer notices illegal, improper or erratic driving patterns, the officer should make note(s) of the driving pattern and/or traffic violations that caused him/her to believe that the driver may be impaired and then initiate a traffic stop.

2. When the officer believes that probable cause has been established, the driver of said vehicle should be placed under arrest and charged with DUI, under F.S.S .316.193.

3. Juvenile: The same procedures, as stated above, should be followed for a juvenile arrest, with the following exception; the arresting officer shall notify the juvenile’s parents or legal guardian. The parents or legal guardian

will be requested to meet with the officer, and the juvenile shall be turned over to them after the juvenile has been processed.

4. If the officer has probable cause to believe that the driver of said vehicle is under the age of 21 and the officer feels that the offender is between 0.02 and 0.07, the officer may request a breath test for the purpose of an administration suspension. If the results are 0.02 or higher, the officer will complete the appropriate administration suspension documentation.


Ponce Inlet DUI Policies And Procedures

Attorney Kevin J. Pitts is a Daytona Beach DUI Attorney that frequently handles Ponce Inlet DUI cases. Mr. Pitts is a former Daytona Beach DUI prosecutor that has focused his practice exclusively on criminal defense, DUI defense and traffic ticket defense since leaving the State Attorney’s office in 2010. Mr. Pitts has obtained the Ponce Inlet DUI Policies and Procedures through a public records request.  If you are accused of a DUI in Daytona Beach, Ponce Inlet or the surrounding areas contact Mr. Pitts at 386-451-5112 to set up a free consultation.

DCIM100MEDIA

Daytona Beach DUI Lawyer Kevin J. Pitts

PURPOSE

The purpose of this Directive is to establish guidelines for conducting DUI countermeasure programs which are designed to reduce alcohol and drug related crashes.

DISCUSSION

Drivers impaired by alcohol and/or drugs represent the single most dangerous threat to the life and safety of those who use the streets and highways of this state.  It is estimated that as many as 45% of all traffic fatalities are alcohol or drug related.  Only comprehensive and coordinated countermeasure programs which include enforcement, education and public support will have an impact on those who drive under the influence.  These countermeasures are aimed at protecting innocent motorists life and property.

POLICY

611.1 It will be is the policy of the Ponce Inlet Police Department to make the detection, apprehension and prosecution of persons who drive under the influence a priority.  Officers must be alert in noticing signs of impairment and act accordingly when initiating a traffic stop. for suspicion of driving under the influence.

611.2 Officers must follow established procedures for traffic stops, standardized field sobriety exercises and breath testing.

611.3 Detection is the first step in any DUI enforcement action.  The officer’s observations are crucial in establishing probable cause upon which the arrest decision is based. Officers are expected to conduct a thorough and complete investigation to obtain all possible evidence concerning the subject’s impairment and formulate an appropriate arrest decision based on the evidence accumulated.

611.4 In the event that the subject’s impairment or actions are not sufficient enough to support an arrest for DUI, officer discretion shall allow for alternative action to include but not be limited to:

  • Calling a taxi cab, providing means are available for payment.
  • Calling a person with a valid driver’s license to take custody of the subject.

TRAINING

611.5 All officers will be afforded the opportunity to attend the Standardized DUI Detection and Field Sobriety  Enforcement Training.

STANDARDIZED FIELD SOBRIETY

611.6 This policy shall establish a standard procedure regarding DUI related contacts within the Department including roadside exercises and crash cases. Due to the multitude of variables involved with DUI situations, the following policy shall serve as a general guideline which may be adapted in unusual circumstances.

611.7 An officer coming in contact with a subject that they believe may be in violation of Florida Statutes regarding driving under the influence shall advise Communications.

611.8 Whenever possible, a back-up officer shall respond to assist the initiating officer.

611.9 The officer shall follow the procedures outlined in the Ponce Inlet DUI Processing Form and request the subject to perform the listed physical and/or mental performance exercises. (CFA 22.03M-A)

611.10 The officer shall endeavor to find a clear, level ground in the vicinity of the initial contact where the exercise is to be performed.  The area should be safe from motor vehicle traffic and well lit, if possible.

611.11 Upon completion of the field sobriety exercises, or refusal of such, the initiating officer shall take the appropriate action based upon the probable cause, obtained as a result of the totality of the circumstances. (CFA 22.03M-A)

611.12 Arrested subjects shall be transported to the Department for the breath test and/or urine sample and booking. (CFA 22.06M)

DUI AND BREATH TESTING

611.13 Violators shall be arrested for all offenses that constitute a crime pursuant to Florida Law (driving while intoxicated, reckless driving, leaving the scene of crash with injuries, etc) when probable cause exists.

611.14 The subject, arrested for DUI, shall be afforded the opportunity to take a breath test whenever possible and practical. (CFA 22.06M)

611.15 Breath tests shall be administered by a certified breath test operator who shall conform to the rules and procedures adopted by the Implied Consent Program of the Florida Department of Law Enforcement (FDLE).

611.16 The operator will be responsible for the proper completion of the following applicable paperwork: (CFA 22.06M)

  • Breath test affidavit.
  • Refusal form.

611.17 Log entries should be completed on ALL breath tests performed on the instrument, even if not of evidential value.

611.18 All log entries and signatures on the log must be legible.

611.17 If the subject’s Blood Alcohol Content (BAC) does not substantiate impairment, check for drugs or medical condition that may cause impairment.  Notify the shift supervisor immediately. (CFA 22.06M)

611.18 Conduct supplementary chemical test(s) in accordance with State requirement. (CFA 22.06M)

611.19 If the subject refuses to submit to the chemical test, complete the appropriate forms to invoke the implied consent sanction. (CFA 22.06M)

611.20 The operator should notify the breath testing agency inspector of any malfunction, deviation or needed changes relating to the breath testing equipment.

611.21 If a breath test operator is not available or on-duty at the time, a breath test operator should be requested from a surrounding agency prior to calling out an operator. (CFA 22.06M)

611.22 Should an outside agency request a breath test to be conducted by this Department, the supervisor should be notified and make the decision if an operator is available and if the activity level permits assistance.

611.23 Operators will complete an entry in CAD as a Special Detail when breath tests are conducted for an outside agency.

611.24 If the requesting agency sends their own operator to perform the breath test, they will be allowed access to the breath testing equipment.

611.25 Once a breath/blood/urine test has been conducted on a subject, the subject has a right, by Florida Statutes to an independent test of their own blood. Should a defendant make such a request, upon completion of the DUI and other processing procedures, the subject should be given access to a telephone in order to make arrangements for their independent blood test. (CFA 22.06M)

611.26 If the subject is able to make the necessary arrangement for an independent blood test reasonable arrangements shall be made. (CFA 22.06M)

611.27 If the subject has not been able to make the necessary arrangements, normal procedures and transport to VCBJ shall not be delayed.  The subject is responsible for the proper evidence procedures relating to the independent blood test. (CFA 22.06M)

DUI ARREST PAPERWORK

611.28 This policy shall provide the requirements and guidelines for the issuance of DUI citations, seizure of drivers license, issuance of temporary drivers permits and  proper completion of related paperwork under the DUI administrative suspension law, effective 10/01/90 for drivers who have a BAC of .08 or higher or who refuse the breath test and/or urine sample.

611.29 All DUI citation forms are to be completed in accordance with the procedure outlined in the State of Florida, Section IV-B, DUI (BAC .08% or above) Uniform Traffic Citation Procedures for Completion, that are available to all Department officers. (CFA 22.06M)

611.30 All drivers’ licenses in the defendant’s possession, shall be confiscated, a copy attached to the paperwork and the DL submitted with the report, to be returned to DHSMV. (CFA 22.06M)

611.31 A temporary permit (back of yellow copy) shall be issued when: (CFA 22.06M)

  • Subject possesses a valid DL.
  • Subject professes to have a valid DL, although not in possession and computer system is inoperable.
  • Subject does not have a DL in his possession but can be verified by computer.

611.32 If the subject does not have a DL in his possession check the ”no” box by license surrendered, and insert the reason the DL was not surrendered in the space provided. (CFA 22.06M)

611.33 If confirmation cannot be obtained due to an inoperable computer system, write “computer down” in the “eligible for permit” area. (CFA 22.06M)

611.34 A temporary permit will not be issued when the subject’s name is under suspension or the subject does not have a DL in possession and a computer check reveals “no record found.” (CFA 22.06M)

611.35 Should the subject refuse to take the blood/breath/urine test, the defendant will be issued a temporary permit should the eligibility requirement be met. (CFA 22.06M)

611.36 Duplicate temporary permits may not be issued.

611.37 Original signatures are not required on all copies of the Charging Document or on the refusal forms; however, these forms must be officially sworn to including the raising of the right hand. (CFA 22.06M)

611.38 Upon completion of necessary paperwork, the subject is to be transported to the VCBJ.  The bond is to be indicated on the Charging Document when the prisoner is transported to the jail. (CFA 22.06M)

611.39 Should the breath test fall below .050gr/210L, the subject shall be requested to submit to a urine test (per Florida Implied Consent Rules). The shift supervisor will be immediately notified by the arresting officer. (CFA 22.06M)

611.40 Refusal to submit to the requested urine test will be treated as a refusal and the subject shall be transported to the VCBJ. (CFA 22.06M)

611.41 Upon completion of the urine test, the subject shall be transported to the VCBJ.  (CFA 22.06M)

611.42 The detainment of juveniles arrested for Driving Under the Influence is not addressed in Florida Statute 316.193. Officers should contact the Department of Juvenile Justice (DJJ) Volusia Regional Center (formerly DYS) to determine where the juvenile should be transported for their detainment.  However, DJJ may not receive an intoxicated youth into their facility without hospital clearance. After hospital clearance, DJJ may authorize the juvenile be transported to the Regional Juvenile Detention Center or released to a parent or guardian. (CFA 22.06M)

611.43 The subject being transported to the VCBJ shall be accompanied by the following paperwork: (CFA 22.06M)

  • Original charging document.
  • Copies of all teletypes.
  • White copies of all DUI and UTC citations.

611.44 Copies of citations and the charging document should be made for record purposes and remain with the report. The officer will retain the pink copy. (CFA 22.06M)  

BLOOD TEST REQUEST (CFA 22.06M)

611.45 Should the subject or anyone involved in the situation receive serious bodily injury, per statute, blood can be forcibly taken and the citations issued upon receipt of the blood test results from FDLE or at the time of the arrest which starts the ninety (90) day prosecution rule.

611.46 Should the subject refuse to submit to a blood test as requested, a citation for DUI is to be completed for refusal and submitted with the charging document.

611.47 Florida Statute Section 316.1933 provides that in a DUI investigation involving death or serious bodily injury to another person, the suspect driver may be forced to submit to a blood test whenever the officer has probable cause to believe the suspect was under the influence of intoxicating beverages or drugs and caused or contributed to the crash.  Recent Court rulings have forced some changes to this procedure.  When dealing with a DUI investigation involving death or serious bodily injury no forced blood draw should occur without a search warrant unless you encounter serious difficulties in your attempts to get a warrant or other circumstances make getting a warrant impractical.

  • No warrant is necessary, even in cases involving serious bodily injury or death, if the suspect consents to the blood draw.
  • The limitations of F.S. 316.1933 remain in effect. Officers can only compel a blood draw in cases where there is probable cause to believe that the suspect was under the influence of alcohol or drugs and   was wholly or partially at fault in a traffic crash causing death or serious bodily injury to another person.
  • A DUI suspect who refuses to cooperate with testing should be charged and/or processed for the refusal under the appropriate subsection of F.S. 316.1932 even when a warrant is obtained and testing ultimately accomplished.
  • If the suspect is unconscious or otherwise incapable of either consent or refusal, all officers must make every attempt to secure a search warrant. The existence of exigent circumstances would allow for a blood draw, but must be documented fully.

In a serious bodily injury or death case, a forced blood draw without a warrant based on exigent circumstances should only be done as a last resort. Exigent circumstances might be found in a case where, despite strenuous efforts, no judge is available to approve the warrant or perhaps in a case where it takes hours to extricate the suspect from his vehicle and all evidence of intoxication is in danger of being lost. Detailed documentation of the exigent circumstances is critical.

611.48 A separate FDLE refusal form shall be completed. In either case, all charges and citations relating to a crash shall be completed at one time, either when the blood is drawn, or when the blood results return.

611.49 Blood drawn from the subject requires a “Certification of Blood Withdrawal” to be signed by the person drawing the blood and shall be submitted with the report.

611.50 A toxicology services “Work Request Form” shall be completed by the evidence custodian and submitted with the blood to FDLE.

611.51 The work request form should not be sealed in the blood container.

611.52 A copy of the form should be made and submitted with the report.

611.53 Should the subject be arrested for DUI, transported to the hospital due to illness or injury and admitted, arrangements will be made for a first appearance hearing. Present the suspect with appropriate citations and copies. (CFA 30.12M)

611.54 In a case where a breath test is impossible or impractical and blood has been drawn or requested, the following procedure shall be followed:

  • If the DUI charges are to be filed when the blood results are returned from the crime lab and the blood results reveal a .08%BAC or higher, a UTC  is to be completed and submitted with the charging document.
  • The officer is to write “unable to sign” in the area of the citation requiring the subjects signature.

611.55 Blood samples shall be collected in the approved container provided by the Department. Prior to transmittal to the FDLE lab, samples shall be placed in the evidence refrigerator and the door locked after placement. (See Policy and Procedure Directive 704, Evidence) (CFA 23.01-C)

URINE TESTING (CFA 22.06M)

611.56 In accordance with State Law, a urine test may be required of a subject suspected to be under the influence of drugs other than alcohol.

611.57 Whenever possible, the arresting officer shall witness collection of the urine, using due regard for the privacy and sex of the subject.  When the subject is the opposite sex of the arresting officer, an officer of the same sex as the subject shall witness the collection of the urine, or if such officer is not available, an officer from another jurisdiction or DUI Technician who is the same sex as the subject may be requested to do so.

611.58 Sterile plastic containers, which are available in each patrol vehicle, shall be used to collect urine samples. The officer shall make every attempt to ensure that the sample contains 50 milliliters of urine, as indicated on the container.

611.59 The officer shall seal the container with evidence tape and affix a label containing the required information.  The container shall be tagged as Evidence and an Evidence Sheet completed. (See Policy and Procedure Directive 704, Evidence).

SEIZURE OF VEHICLES IN DUI CASES

(CFA 22.06M)

611.60 Under certain circumstances, a vehicle may be seized and forfeited should the driver meet the following criteria:

  • The person driving the vehicle must have a suspended driver’s license for a previous DUI.
  • The person driving the vehicle must be the registered owner of the vehicle.
  • The person driving the vehicle must be arrested for DUI.

611.61 If all the above criteria are met, the shift supervisor and Lieutenant must then decide if the vehicle is worth seizing.

611.62 A lien check can be conducted through teletype to determine if money is owed on the vehicle.

611.63 The vehicle shall be moved to the Town impound once the decision has been made to seize the vehicle.

611.64 The officer shall complete the required seizure paperwork and forward to CIU for follow-up.

611.65 The original seizure paperwork shall be forwarded to the Chief of Police or designee for final approval of the seizure. The supervisor shall, also ensure that a copy of the incident report is forwarded to the Chief of Police or designee prior to the completion of shift.

DRIVING UNDER THE INFLUENCE (DUI) CRASHES

611.66 See Policy and Procedure Directive 610, Traffic Crash Investigation.

INTOXILYZER MAINTENANCE

611.67 It shall be the responsibility of a the Department breath testing equipment inspector to ensure that the Intoxilyzer 8000 series breath testing instrument used by this Department is kept clean and in good working order.

611.68 An The Agency inspector shall be responsible for performing the agency inspection on the instrument in accordance with the rules and procedures set by the Implied Consent Program of the Florida Department of Law Enforcement.

611.69 An The Agency inspector shall ensure that proper records are maintained regarding breath tests and Department inspection tests that are conducted and shall maintain the required records with the F.D.L.E. and the Bureau of Driver Improvement regarding the breath test instrument and status of current certified technicians.

611.70 It will be the responsibility of a the Department inspector to be aware of the current supply of inventory and the safe storage and disposal of same.

611.71 A The Department Agency inspector shall submit an annual budget to the Administrative Supervisor regarding the maintenance and supply costs of the breath testing equipment.

611.72 Any malfunctions in the equipment shall be brought to the attention of the Chief of Police or designee as well as the area inspector for F.D.L.E.


New Smyrna Beach DUI Policies And Procedures

New Smyrna Beach DUI attorney Kevin J. Pitts has obtained the New Smyrna Beach DUI Policies and Procedures by filing a public records request. Mr. Pitts is a former Daytona Beach DUI prosecutor who has been defending New Smyrna Beach and Daytona Beach DUI cases since 2010. If you are accused of a DUI in New Smyrna Beach or the surrounding areas contact attorney Kevin J. Pitts today. Call 386-451-5112 to set up a free case evaluation with a former DUI prosecutor.

 

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Daytona Beach DUI Attorney Kevin J. Pitts

DUI (CFA 22.03M-A, 22.06M) 22.1.17

If sufficient probable cause has been established, and all elements of the DUI violation have been clearly established, the officer shall advise the subject that he/she is under arrest.

 The officer shall immediately notify Communications of the arrest. This will be the official time of arrest.

 The defendant will be asked if he/she will submit to a breath test. If the defendant refuses to submit to testing per Florida’s implied consent law the officer will read the defendant the Florida Implied Consent Law and the associated penalties.

 The defendant will be searched and seat-belted inside a caged department vehicle. (CFA 17.09M, 29.02M)

 The officer shall make appropriate disposition of the defendant’s vehicle and property in accordance with Directive 25-1 Vehicle Towing/Impoundment Procedures (or authorized alternatives), arrange for transportation and safety of any passengers.

 The defendant shall be transported to the Police Department for testing and processing.

 If the subject’s BAC is less than .05 G/210L, the officer should investigate for drug usage or medical conditions that may be the cause of impairment.

 Those suspected of being under the influence of drugs will be requested to provide a urine or blood sample for drug testing.

 An officer may require a person to submit to blood testing only when the officer has probable cause to believe that the driver was the operator of a vehicle involved in a crash resulting in serious bodily injury or death pursuant to provisions and restrictions of FS 316.1933(1) – see the DHSMV Affidavit of Refusal form for details. Absent consent, exigent and unusual circumstance a search warrant will be required to obtain a blood sample. (Blood Draw Guide)

 A Blood Withdrawal FDLE/ICP Form will be completed when applicable and attached with the original paperwork.

 Upon receipt of laboratory results indicating a BAC level of .08% or higher, or indicating the presence of drugs, the subject will be charged on a standard UTC. The officer will indicate ‘issue by warrant’ on the offender signature line. 22.1.18 When sufficient evidence of impairment pursuant to FS 316.1934(2)(b) .000 to .079 BAC – exists to establish probable cause for arrest, officers shall charge under this statute and transport the arrestee to the county jail. Every effort will be made to gather evidence through the observations of the officer and appropriate testing. Directive 22-1 Traffic Law Enforcement (pdf) Rev. 09/15 5 22.1.19 If the offender becomes ill, unconscious, or otherwise incapacitated, medical assistance will be provided. If incapacitation occurs prior to the taking of a breath sample, and a blood sample is taken resultant of the examination/admittance process, officers may subpoena the blood test result and or request a search warrant to seize the blood sample if preserved.

 If a driver refuses to provide a blood sample and has been taken to a medical facility, officers should ask medical personnel if blood was drawn resultant of the examination/admitting procedure. If a sample was taken officers may request a subpoena for the blood information and/or make application for a search warrant to seize the blood sample. Officers should not request the blood draw as the request may be determined to circumvent the warrant requirement.