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LESSON 7

ENFORCEMENT OF TRAFFIC REGULATIONS

OVERVIEW

LESSON OBJECTIVE:

This lesson will provide you instruction on how to carry out traffic law enforcement. It will also provide an overview for MPs on how to conduct these duties in a safe and professional manner.

INTRODUCTION

As a military police patrol supervisor you are responsible for the actions of your men in the line of duty. You must make sure that they are trained to carry out traffic law enforcement. Ensure they conduct themselves in a safe and professional manner. There must also be an awareness of interpersonal communication skills (IPC) to perform duty requirements. Military police are representatives of the installation commander, seeing that his policies are adhered to. Laws make the roads safe for all traffic and encourage voluntary compliance by all motorists.

PART A - LAWS AND REGULATIONS

As an operations sergeant, you must know the type of jurisdiction you have on your installation. Jurisdiction is the scope or limit of government authority. Jurisdiction extends to the territory and persons. Military jurisdiction is the lawful authority or right of an armed force to exercise governmental power or control.

Exclusive jurisdiction is when the federal government assumes sole jurisdiction of a designated area.

• Federal criminal jurisdiction.

• Only federal authorities have the power to act.

• State authorities have no power over any violations committed.

• Federal authorities enforce all violations of federal laws or assimilated state laws.

Concurrent jurisdiction means the state retains the right to simultaneously exercise its authority along with that of the federal government.

• Federal criminal jurisdiction exists.

• Both state and federal governments have the power to enforce the law.

• State authorities enforce state laws.

• Federal authorities enforce federal laws and assimilated state laws.

Proprietary jurisdiction applies to instances in which the federal government has acquired some rights or title of ownership to an area in a state but has not obtained jurisdiction.

• Not under federal criminal jurisdiction.

• Basically the federal government has the same rights as a property owner.

• State laws are enforced by state courts.

• Federal laws are enforced by federal courts.

• State laws may not be assimilated.

Assimilated Crimes Act. Acts or omissions occurring in an area under federal jurisdiction, those that would constitute crimes if the area were under exclusive or concurrent jurisdiction, will constitute similar crimes, similarly punishable, under federal law.

• Federal criminal jurisdiction must exist.

• There is no violation of federal law.

• Only state law may be assimilated.

The U.S. magistrate system provides the Department of the Army with a means of processing and disposing of certain minor offenses and traffic violations. A minor offense is defined as one in which punishment would not exceed imprisonment for one year, a fine of not more than $1,000 or both.

• - The lowest federal court.

• - The magistrate court may not hear violations of:

• Local laws.

• Uniform Code of Military Justice.

• Military regulations.

DOD Directive 5525.4 provides DOD military installations authority to enforce state vehicular laws that cannot be assimilated under the Assimilated Crimes Act.

• Where federal legislative jurisdiction exists.

• Vehicular and traffic offenses.

• Infractions that cannot be assimilated.

• Maximum punishment (40 USC 381c).

• $50 fine.

• 30 days.

• Both.

Principles.

On-the-spot decisions will often be required of an MP in the line of duty. Good public relations and support for officers can come from taking courteous and uniform action for the same violations under similar conditions. Keep in mind at all times the policies and principles established by the installation commander. All military police must be able to accomplish the following:

• Detect and identify unusual or illegal behavior.

• Be able to evaluate the legality or illegality of such behavior.

• Apply allowable tolerances and know if they have enough evidence.

• Apprehend violators under adverse conditions.

Immediate action should be taken once violations are observed. Note that in so doing the safety of the public and the MP should be the first priority.

Selective enforcement is placing MP traffic control personnel where they are most needed. Patrols are assigned duties in proportion to violation and traffic accident distribution by time and place.

When making guidance policies for MPs, tolerances are often given. This leeway allows for mechanical and human error. For example, a car is doing 38 mph in a 35 mph zone. As an MP, you should use care in writing a violator or follow the policy of the provost marshal in writing speed citations over a speed limit. Do not allow tolerances to be arbitrarily increased.

PART B - METHODS OF DETECTION

Radar is a speed measuring device which operates by measuring the difference between high frequency radio signals sent from and reflected back to the instrument by the object vehicle. A reading is provided of the difference in miles per hour. There are three types of radar used by MPs.

• Radar which is operated from a parked vehicle.

• Moving radar allows monitoring of a vehicle's speed while the patrol vehicle is moving.

• Hand-held speed-guns are lightweight and self-contained.

Pace method requires the patrol vehicle to drive behind the suspected speeding vehicle and match the driving speed. Calibrated speedometers are essential and should be done quarterly. The driver should read the speedometer after his catch up speed has stabilized and is the same as the suspect's vehicle.

Aircraft enforcement involves military police in aircraft determining vehicle speed and relating the information to a ground MP unit.

Driving while intoxicated (DWI) is punishable under Article 111, Uniform Code of Military Justice. An MP should be aware of unusual behavior that may be caused by driving while intoxicated.

• Twenty visual cues.

• All military police personnel should be thoroughly trained on the recognition and application of these cues shown in Figure 7-1, they will assist in the detection of the drunk driver. The visual cues should be listed on DD Form 1920, DA Form 3975, and DA Form 2823 by the apprehending MP. However, the numerical values associated with the cues should not be listed and should not be referenced when testifying in court.

• The procedures for administration and use of the detection guide and the percentages listed are as follows: The percentage given after each visual cue is a probability that a driver exhibiting that cue has a blood alcohol concentration (BAC) equal to or greater than .10 percent. For example, the first cue shown on the detection guide, "turning with a wide radius," has to its right, the number 65. This means that 65 percent of the people exhibiting this behavior at night-time will have a BAC of above .10.

• Each value shown is based on seeing only one cue. However, multiple cues are seen more often than single cues. When two or more cues are observed, add 10 percentage points to the largest value among the cues shown. For example, if the individual we view "turning with a wide radius," (65), also "does not have his headlights on, (3), the probability that he is under the influence now becomes 75 percent."

• Using the probability values to decide whether or not to stop a particular driver will be a matter of local policy or military police judgement.

• Military police will also use the standardized field sobriety tests in showing probable cause after detection of and stopping a possible drunk driver. The tests are:

• The Horizontal Gaze Nystagmus Test refers to a jerking of the eyes as they gaze to the side. Many people will show nystagmus or jerking when their eyes track to the extreme left or right. However, as people become intoxicated the onset of jerking occurs after fewer degrees of turning and the jerking at more extreme angles becomes more pronounced. With training and practice, police can closely estimate the blood alcohol concentration and degree of intoxication based on the horizontal gaze nystagmus test.

• The modified Walk and Turn Test consists of two parts. The first part requires a suspect to balance heel to toe while listening to instructions. For an intoxicated person, doing two things at once is very difficult. The second part of the test requires the suspect to take a predetermined number of steps, usually nine, down a straight line, turn and return to the starting point in nine steps. Along with the actual instructions for the walking and turning movement, the suspect is told not to raise his arms and not to stop and, in fact, to turn around smoothly. Violation of any or not keeping your heels and toes within a certain distance of each other will result in a point being scored. If the subject scores two or more points the BAC concentration is assumed to be above 0.10.

• During the One Leg Stand Test, the suspect is required to stand on one leg while counting out loud for approximately 30 seconds. The time requirement is important, as drivers with BACs in the .10 percent to .15 percent range may pass the test if they are permitted to balance for less than 30 seconds. The subject is instructed to keep his hands at his side and not to hop or bounce while counting.

• The intoximeter is a portable device which gives an indication of intoxication and serves as a jurisdiction for a more reliable test.

• Chemical tests can include blood, breath, or urine test. Any person who operates a motor vehicle on a military installation is deemed to have given consent to a chemical test or tests of his blood, breath, or urine for the purpose of determining their blood alcoholic content.

• The following standards for blood alcohol concentration are established by AR 190-5 but may be modified by state or local laws:

• If the percentage of alcohol in the person's blood is less than 0.05 percent, presume the person is not under the influence of alcohol.

• If the percentage is 0.05 but less than 0.10, presume the person is impaired. This standard may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

• If the percentage is 0.10 or more, or if tests reflect the presence of illegal drugs, the person was driving while intoxicated.

• Qualified medical personnel should conduct chemical tests of blood, urine, or other bodily fluids. In the absence of specific state guidelines the following applies:

• Observe the suspect 15 minutes during which he cannot ingest alcohol, other fluids, food, or smoke.

• Verify calibration of test instruments by using a control sample immediately prior to test.

• Follow operating procedures in the manufacturer's instructional manual.

• Completion of DD Form 1920.

• Any time a motor vehicle operator is stopped under DWI suspicion, DD Form 1920 should be completed (see Figure 7-2). The form should be initiated when the stop is made.

• The report is used to record observations of an individual who is apprehended for an offense and alcohol may be affecting his behavior. The form is divided into a heading portion and six sections.

• The revision of AR 190-5 (July 1988) changes the test methods recommended for Section II, Performance Tests. This section refers to field sobriety test methods. IAW the regulation, installation law enforcement personnel should be trained in the improved field sobriety test battery noted above. The old tests--finger to nose, coin count and pick-up, and variations of these have not been validated nor found reliable in determining the probability of intoxication.

• Section II can be used to document the improved field sobriety test results. The MP observing the tests would use the Remarks block to further explain the areas noted in the Balance, Walking, Turning sections and to record gaze nystagmus observations.

PART C - PURSUE AND ISSUE CITATIONS

Upon observing a traffic violation, write down information such as license numbers, make, model, color of vehicle, installation decal, number of people in the vehicle, their sex, and marks on the vehicle. If a government vehicle, write down the type of vehicle, bumper markings, USA number, number of persons in the vehicle, and their sex. Take extreme precautions when pursuing a violator.

When stopping violators, complete the following actions in sequence.

• Patrol may use emergency lights, public address system, or horn to stop the violator. Do not use sirens unless unable to stop the violator any other way.

• Direct violator to stop where both violator's vehicle and patrol vehicle are off the roadway and will not interfere with other traffic.

• The patrol vehicle should be 3 to 4 meters behind the violator's vehicle and about 1 meter off center to the left with the emergency lights on.

• Report by radio to the desk sergeant that they have stopped a violator. Give location, direction of travel, description of vehicle, license number, the number and sex of occupants, and violation which occurred.

• Approach violator's vehicle with caution. Greet violators courteously, identify self, and tell the violator the reason for the stop and intended action. Be polite and helpful, but firm.

• Ask violator for ID card, driver's license, and registration or dispatch.

• Check identity of violator and validity of vehicle registration. Avoid asking questions about the offense, such as, do you know how fast you were going.

• When it is necessary to have the violator get out of the vehicle--

• check for oncoming traffic.

• open the violator's door.

• step carefully backwards.

• tell the driver to move to the rear of his or her vehicle.

Once you have completed your required duties, assist the motorist safely back on the roadway.

Issuing Citations.

Military policemen must use good judgement in deciding when to issue citations. For any citation issued there must be a good cause. Use the proper citation for the proper offense.

DD Form 1805 is used by law enforcement personnel in conjunction with the U.S. magistrate or U.S. district court to cite violators for minor offenses IAW AR 190-29. The provost marshal will coordinate with the U.S. magistrate of his area for the following:

• A list of minor offenses for which mail-in procedures is authorized and the amount of collateral for each offense.

• The amount of the fine for each specific offense.

• A list of minor offenses which require mandatory appearance of the violator before the magistrate.

The form is a four-ply citation printed on carbon paper and prenumbered in a series for accounting control. The form will be bound in books of 10 violation notices per book.

Information entered on DD Form 1805 is dependent upon:

• VIOLATION: The type of violation (standing, moving traffic violation, or nontraffic offenses).

• MANDATORY APPEARANCE: If the offense required a mandatory court appearance before a U.S. magistrate, check the appropriate box on the violation notice. Do not mark a violation notice for mandatory appearance unless the forfeiture schedule shows that the offense requires such an appearance.

• REQUEST FOR APPEARANCE: If the offender requests an appearance, instruct him to properly mark his copy of the violation and mail to the Central Violation Bureau.

• SEPARATE VIOLATION NOTICES: Do not issue one violation notice for more than one offense. A separate violation notice must be completed for each offense.

• PREPARATION OF VIOLATION NOTICES: In preparing Violation Notices, use a ballpoint pen. All copies should be clearly legible. Check the defendant's copy for the address of the Central Violation Bureau in your area. After issuance nothing may be changed on the white (original) copy.

Preparing DD Form 1805. Keep in mind that this citation can be issued to both military and civilians. (See Figure 7-4 for sample DD Form 1805).

• All violations require:

• MP identification number.

• Date of notice.

• Description of violation, including place and time if applicable.

• Violation and location code number. These code markers differ from state to state.

• In addition to the above items, parking offenses also require:

• Vehicle description (make, color, type).

• License plate number and state.

• Driver's license number.

• Driver's address.

• Driver's name, rank, social security number, and unit (military) or status (civilian).

• Moving violations require all of the above and:

• Birth date of driver.

• Sex.

• Race.

• Weight.

• Mandatory court offenses require all of the above (except fine), plus:

• Location of court.

• Time and date of appearance (if known).

• Check in Box A. (Box "B" if voluntary appearance requested).

DD Form 1408, Armed Forces Traffic ticket, is issued for purely military violations or as a written warning, or in place of DD Form 1805, if the magistrate court system is not available.

• The Armed Forces Ticket is a three part set of forms bound in books for use in reporting traffic violations. Each set is numbered to account for tickets issued.

• DD Form 1408 will be prepared in triplicate and will be issued and processed as follows:

• The original (white) copy will be forwarded through command channels and processed in accordance with AR 190-5 (Figure 7-5).

• The second (yellow) copy will be filed in the office of the provost marshal (Figure 7-6).

• The third (pink) copy will be given to the violator. In unattended vehicle violations, the pink copy will be placed under the windshield wiper or attached to the vehicle (Figure 7-7).

• The DD Form 1408 may be used as a warning notice. The warning block will be checked and reasons written in the remarks section by the MP.

• Void traffic tickets will be marked VOID in large letters, and all three copies turned into the desk sergeant for accounting.

GUIDELINES FOR COMPLETION OF DD FORM 1805