MOTORS

misdemeanor paperwork

-City Prosecutor Submittal Form -booking sheet (if applicable) -DPS form 27 (if applicable) -Form 4 -Original Report -All Supplements -All attachments -Victim Rights Form

PAPERWORK FOR DUI:

1. Admin Per Se Form 2. Duplicate Breath Test Advisory Form 3. Intoxilyzer check sheet 4. Intoxilyzer print outs 5. Departmental Report 6. Alcohol Influence Report 7. Citations 8. Property and Evidence Form 9. Miranda Form (if used) 10. Mandatory Fingerprint Compliance Form (if required)

DUI OBSERVATIONS?

1. Driver's position in vehicle 2. Position of other people 3. Admissions 4. Alcoholic beverage containers of odor 6. Condition of driver's eyes, face, clothing 9. Driver's balance 10. drugs or vapors with THC.

ISSUANCE OF DUI CITATIONS

A. Appropriate DUI related citations should be issued to 1. If a Search Warrant is required for misdemeanor arrests, do not submit any charges until receipt of lab results from DPS.

USE OF **DRE**

A. Drug Recognition Experts (DRE) are used to determine if a subject is under the influence of one or more of the seven major drug categories, while operating a motor vehicle, by the use of eye examinations, psycho physical testing, and vital signs. Medical concerns may be ruled out also during this procedure. 1. A DRE technician may be requested when the arrestee's impairment level does not coincide with the arrestee's blood alcohol content (i.e., high level of impairment with low BAC). If possible, attempt to get an intoxilyzer test or PBT prior to requesting a DRE, (especially off-duty), to rule out the possibility of alcohol as a factor.

BREATH SAMPLE

A. The duplicate breath test advisory form will accompany the original report. The officer shall explain the duplicate breath test advisory process and ask that the violator sign the form. B. Miranda warnings will be read to the violator from the issued Miranda Rights card C. If the violator agrees to cooperate and answer questions, the officer will ask him/her the questions listed on the Alcohol Influence Report. D. If the violator refuses to cooperate or advises he/she wants to speak with an attorney then it will seize he suspect shall be given a reasonable amount of time for the attorney to return the call, as long as the time does not hinder the investigation. (A reasonable amount of time is approximately 20 minutes.)

take home car policy?

A. is neither a right nor a privilege. 2. Limited personal use - D Take Home Vehicles will not be used for any off-duty job that is not compensated by the City or pre-approved by the employee's Bureau Commander 2. Take Home Vehicles will be properly secured 5. All drivers and passengers of City-owned vehicles must comply with all applicable state and local traffic laws and all parking regulations. b. If an employee is issued a citation while operating a City-owned vehicle, they will immediately contact their supervisor and will be responsible for it. 7. Any employee involved in a motor vehicle accident while operating a City-owned vehicle will immediately report the incident to a supervisor and take appropriate action as required by State law and City policy 8. Employees assigned Take Home Vehicles are responsible for the proper care and maintenance of the vehicle and will be held accountable for any misuse or damage done to the vehicle due to negligence on the part of the employee. a. Employees with assigned Take Home Vehicles are required to inspect the vehicle's tire pressure and oil levels at least once per month and ensure scheduled maintenance checks are completed by Fleet Services. E. Unauthorized Use 1. Unauthorized uses of Take Home Vehicles include: a. Any use for personal purposes, other than commuting and qualified personal use b. Any use for the furtherance of an employee's private business c. Travel or tasks that are beyond the vehicle's rated capability d. Transport of family members, relatives, or other non-police personnel, except in emergencies or with the approval of a supervisor e. Operating a vehicle while using tobacco, alcohol or drugs f. Any other use that would bring discredit to the Department or the City of Avondale F. Issuance of Take-Home Vehicles 1. The assignment of take-home vehicles shall be made with the approval of the Chief of Police. a. Factors that will be considered include but are not limited to: 1) Whether the employee is subject to being called in while off-duty 2) Whether the employee is subject to being on-call or on standby 3) The frequency in which the employee is called in during off-duty hours 4) The distance the employee must travel from their home to their assigned work station and/or their response time to a critical incident 5) The employee's residence to the nearest City of Avondale border in a maximum distance of twenty (20) miles a) If an employee resides further than the 20-mile limit, they may secure the vehicle at another governmental agency's lot if the location is within the 20-mile limit, it is securable, and the employee has gotten permission from the agency's representative to park the vehicle in the lot. 6) Any special equipment the employee may be required to carry with them or have with them immediately for call out purposes 7) Any parking issues that exist 8) Whether the employee has any issues that would prevent them from operating a City-owned take-home vehicle 9) Ability to secure the vehicle G. Parking and Security (Off-Duty) 1. Employees assigned take-home vehicles will park the vehicle in a safe location. GO 11.400 Revised: 05/06/2020 Page 9 of 19 a. Employees will properly secure the take-home vehicle when parked outdoors. Employees will use additional vehicle security devices when provided (i.e., vehicle alarm, Club, etc.). 2. Weapons, magazines, ammunition, gun belts, radios, computers, telephone/address lists, and any other sensitive or expensive equipment will be removed from the vehicle. a. All other Department issued equipment may be stored in a Department issued lock box or in the trunk of the vehicle. If the vehicle does not have a trunk or lock box, all City-issued equipment will be removed from the vehicle. b. Vehicles parked in a securable and locked garage do not have to be unloaded. 3. When the assigned employee is on vacation, sick, military, or other leave for at least five (5) consecutive days the vehicle will be parked on City property in a designated parking area. a. If the assigned employee is in training for at least five (5) consecutive days and will not use the take-home vehicle to get to and from the training, the vehicle will be parked on City property. b. Exceptions require the approval of the employee's Bureau Lieutenant.

HIT AND RUN ACCIDENTS

ADOT and full 6 with follow up

Traffic Bureau Responsibilities FOR FATAL COLLISIONS

If there is a question as to whether a driver died as the result of a motor vehicle collision, the collision will be classified as a traffic fatality until the medical examiner's investigation determines otherwise.

FST'S?

RS to believe for FST's for dui 1. If the driver refuses to submit to the field sobriety tests, the officer must base off of observations F.HGN can be completed but is VOLUNTARY G. Officers may use Portable Breath Tests (PBTs) to assist with obtaining Probable Cause. BUT IS VOLUNTARY H. Upon completion of FST'S, PBT AND HGN will determine arrest

CONCIOUS INJURED DUI VIOLATORS

advise the suspect that they are under arrest before reading Admin Per Se and requesting the suspect submit to a blood test.

28-1381(A)(2) Driving Under the Influence/Over the Legal Limit

alcohol concentration of 0.08

28-1382(A)(1) driving or actual physical control while under influence BAC of .15 extreme DUI

alcohol concentration of 0.15 to 0.20

28-1382(A)(2)Driving or Actual Physical Control While Under the Influence/ BAC of .20 or more (Super Extreme DUI)

alcohol concentration of 0.20 or more

28-1381(A)(3) driving under the influence/any drug or metabolite?

any drug or metobolite.

civil and criminal citations will not

be issued in Aggravated DUI cases. All actions and violations will be stated in the narrative of the offense report, and all criminal charges will be documented and forwarded to the Traffic Bureau for charging. Civil infractions are not charged, but noted in the offense report.

State v. Havatone AZ S. Ct. (March 9, 2017)

the only exception to obtaining a blood sample without a warrant from an unconscious suspect exigent circumstances that support a reasonable belief by the investigating officers that the officers cannot obtain a warrant without a delay that would undermine the effectiveness of the testing.

28-1381(A)(1) Driving or Actual Physical Control While Under the Influence/Impaired to the Slightest Degree

the slightest degree.

4-244.34 Underage Driving or Physical Control While Under the Influence

under 21

BLOOD DRAWS

- obtain consent or a search warrant -. Have hospital staff draw two vials of blood (gray top) for law enforcement

DUI PROCESSING AND ARREST PROCEDURES

-Advise the violator they are under arrest - Read Admin Per Se/Implied Consent Law to apply. -wants/warrants check -Driving history DQP -driver can call someone to pick them up but must have DL -Uber ride -advised not to drive -set a court date 3 weeks after date of arrest 1. A 15-minute deprivation period must be conducted immediately preceding the administration of the breath test. Constant visual contact will be kept with the violator to ensure that he/she does not ingest any alcoholic beverages or other fluids, vomit, eat, smoke, or place any foreign object in the mouth. 2. The deprivation period should be started after arrival at the jail, DUI van, DUI Task Force location -Legal counsel

AGG DUI PROCESSING

-With patrol the suspect will be booked and released upon completion of fingerprints and photographs. If a BAC is available, the option to book the suspect is available; otherwise, release the suspect and submit to Traffic Bureau for follow-up. E. The arresting officer will advise the suspect of implied consent from the state Admin Per Se form. 1. The Admin Per Se will be served and the license (Arizona only) will be seized if suspect refuses F. The preference of chemical tests -breath if for misdemeanors -blood in felony cases. -both can be utilized as well G. The "Duplicate Breath Test Advisory" will be read and signed prior to or during the administration of breath alcohol tests. I. A Phlebotomy Draw Report will be completed by a qualified Law Enforcement Phlebotomist J. if refusal then get a search warrant. 4. The officer will serve the search warrant to the suspect and provide the suspect with a photocopy of the search warrant, which will include a list of the evidence collected. 5. The suspect will be advised that if they refuse and we are unable to obtain the sample, they (suspect) will be additionally charged with violation of Tampering with Evidence, and Interfering with Judicial Proceedings, a class 1 misdemeanor. 7. In cases where a fatal collision has occurred, a search warrant has been obtained, and the two-hour limit will not be met in executing the search warrant or consent draw, the officer will ensure that two (2) separate blood draws are completed within a one (1) hour period. The first draw will be done immediately upon the availability of the phlebotomist. The second draw will be taken 1 hour from the first draw. 8. The officer will personally observe the drawing of the blood and prepare all chain of custody documentation associated with the blood draw as well as prepare the Department of Public Safety laboratory request for blood analysis form. b.If it becomes apparent that the suspect will injure him/herself or others, the attempt to collect blood will be terminated and the suspect shall be additionally charged with A.R.S. § 13-2809.A3; Tampering with Evidence and A.R.S. § 13-2810.A2; Interfering with Judicial Proceedings. 10. The officer will have three (3) business days to return the search warrant to the issuing judge. A copy of the search warrant and return of the search warrant shall be filed with the original report.

accident investigation

-drive to the scene in a safe manner -arrive -make sure scene is safe -check for injuries or medical needed -DL, insurance, registration -run plates -clear roadway if possible -block traffic if needed witness statements citations issued blue cards issued direct other officers on scene tow vehicles

BLOOD DRAW FACTS

-obtain the name, hospital address, hospital staff, time of day, type of antiseptic used, location of blood taken -Fill out admin per se -two vials with grey top - Contact an agency approved phlebotomist -impound properly into evidence -a. Officers will witness the samples

felony paperwork

-patrol to traffic follow up -county form -booking sheet -DPS form 27 -FORM 4 -LE statement of investigative status -Original report -supplements and attachments( Lesis,Blood draws, axon review) -VR form -Complaint face sheet stamped in custody -forward to MCAO -keep victims updated -manage case in Q every thirty days

INVESTIGATIONAL COLLISION INVESTIGATIONS

-recon -metal exam by a metallurgist -commercial vehicle examination -off scene data collection -speed calculations -scientific analysis -lab results

28-1383- Aggravated Driving or Actual Physical Control While Under the Influence/ DUI While Suspended for DUI

-under the influence violation of DUI laws DL is suspended, canceled, revoked or refused OR DUI privilege's restricted on DL -within 84 months commits a third or same offense -if vehicle is equipped ignition interlock -person under fifteen years of age is in the vehicle.

Arizona Revised Statutes 28-1381(A)(4) driving under the influence/driving a commercial motor vehicle

0.04 or more.

ADMIN PER SE IMPLIED CONSENT FORM

1. Refusal or silent to submit to the test(s) offered by the officer will result in a mandatory suspension of the violators driving privileges for twelve (12) months. 2. This form applies to violators with a BAC at .08 or above, or any drug or metabolite B. If the violator consents to take the test, the following apply: 1. If BAC results are UNDER .08, the Admin Per Se Form will still be completed. 2. If the BAC is .08 or above, the officer will: a. Check the "person submitted to" box and write in the BAC level(s). b. Check the "Pursuant to A.R.S. § 28-1385" box. c. Seize the violator's Arizona driver license and any other driver authorization documents. If it's an out of state license, do not seize. d. Issue a temporary driver permit to the violator. If previously suspended, indicate on the permit. 3. The violator must sign the Admin Per Se Form in order to receive the permit. If the violator refuses to sign the temporary permit, "refused" can be written by the officer on the signature line. The Temporary Driver permit on the back of the yellow copy is crossed out by the officer, but the violator is still served his/her copy of the form. 4. If no results, serve the Admin Per Se Form and check the box indicating no results. When results are available, send a copy of the form indicating the results

FIRST OFFICER ON SCENE TO FATAL COLLISION

1. Render aid 3. secure the scene and protect evidence. a. Block lanes and create scene (react or streets call out) b. Do not move vehicles. 4. Locate, identify, drivers, statements, witnesses, names of emergency personnell Supervisor. 4. Ensure that the scene is secured and protected. 5. Ensure all drivers are: a. Located b. Identified c. Separated and/or secured d. No interviews are conducted beyond obtaining identifying information and a base story.

TO PROVE ACTUAL PHYSICAL CONTROL OF VEHICLE IF NOT DRIVING?

1. engine is running 2. vehicle is parked 3. Distance from roadway 4. Direction the vehicle was facing in respect to roadway 5. Location of suspect 6. Where are the keys 7. If the driver was conscious, and efforts to wake them up 8. Weather conditions 9. Lights on or off 10. surveillance video

MANDATORY TOWING REQUIREMENTS

1. suspended DL or revoked or never issued, ignition interlock device, driving an illegal alien, destroyed vin number, probable cause to arrest the driver for Extreme DUI or Aggravated DUI

All reportable collisions occurring on the roadway will be investigated and documented on an Arizona Crash Report.

Collisions resulting in bodily injury, possible injury, death, damage to the property of any person in excess of two thousand ($2000) dollars. -all collision reports completed within 24 hours 2. Private property collisions will be investigated and documented on an Arizona Crash Report if involving the following list. a. Death or serious physical injury as defined by ARS 13-105.33 b. Reckless driving c. DUI d. Hit and run with or without suspect/suspect vehicle information f. When a city vehicle is involved and there is damage to a vehicle or property belonging to a private party. g. Extensive property or vehicle damage in excess of $5,000.00 h. Exposure to City liability

CALL OUTS TRAFFIC BUREAU

E. Traffic Bureau call outs: 1. The Traffic Bureau will be called out for the following: a. All fatal vehicle collisions b. Vehicle collisions that have serious injuries c. Collisions involving any city owned vehicles or city liability collisions where the employee is identified as vehicle #1, or there is significant injury or property damage 2. patrol may not have the resources to handle b. To assist with DRE or phlebotomy c. To investigate DUI accidents that may require extensive investigations (numerous patrol officers, large accident scenes, etc.)

TRAFFIC FATALITY ENFORCEMENT

In cases where there has been a fatal traffic collision, officers will submit the case for a complaint. B. In the case of a delayed fatality, if there are citations outstanding and the case is to be submitted for a criminal complaint, the outstanding citations will be dismissed. C. When necessary, appropriate criminal reports or supplements will be prepared to support criminal charges arising from a collision. D. Negligent Homicide - A.R.S. § 13-1102 provides that negligent homicide is a felony offense. When probable cause is developed at a collision scene sufficient for probable cause, the suspect may be arrested and booked into the Detention Facility. E. Aggravated Assault and Vehicular Homicide. 1. Vehicular collisions involving alcohol or drugs that result in serious physical injury or death to any person involved in the collision should be investigated as either vehicular aggravated assault or vehicular homicide. 2. Vehicular collisions involving a driver that recklessly causes the death of another may be investigated as a vehicular homicide. 3. To obtain blood or urine samples from arrested suspects, refer to Operational Order 33.213 Requests for Hospital Blood Draws. F. A driver involved in a collision not involving alcohol, drugs or the reckless death of another who commits one of the following violations: 1. 28-645.A.3A - red light violation 2. 28-729 - unsafe lane change 3. 28-771 - failure to yield right-of-way (intersections, freeway acceleration lane or ramp) OO 33.500 Revised: 02-09-18 Page 4 of 5 4. 28-772 - failure to yield turning left at an intersection 5. 28-773 - failure to yield right-of-way (intersection entrance) 6. 28-792 - failure to yield right of way at crosswalk 7. 28-794 - failure to exercise due care 8. 28-797.F, G, H or I - school zone violations 9. 28-855.B - failure to stop for stop sign 10. 28-857 - A failure to stop for school bus may additionally be charged with one of the following violations: 1. 28-672 - If the driver commits one of the above violations which results in an accident causing serious physical injury or death. 2. 28-675 - If the driver was at the time not allowed to operate a motor vehicle as defined in the statute (generally, if the person's license was suspended or revoked, or fraudulently obtained), and the driver commits one of the above violations, and the driver causes the death of another person. 3. 28-676 - If the driver was at the time not allowed to operate a motor vehicle as defined in the statute (generally, if the person's license was suspended or revoked, or fraudulently obtained), and the driver commits one of the above violations, and the driver causes serious physical injury to another person.

JUVENILE UNDERAGE SUSPECTS

juveniles under 18 will be a breath test unless the juvenile refuses to comply with Admin Per Se. A search warrant for the blood draw will be obtained in those situations. In vehicular homicide and aggravated assault cases blood should always be drawn pursuant to a search warrant. Even if the hospital draws blood warrant should be drawn. -Juvenile Mirandas -DUI Sheet -Admin per se 3. When officer(s) are dealing with juvenile "minor" DUI cases, the BAC results in DUI cases must be available to the prosecutor within 30 days of the filing of the case. If the County Attorney's Office receives a paper long form referral without BAC results, it will be returned for further; officer will then have 30 days to respond with the BAC results. If the officer fails to respond within 30 days, the court will dismiss the case. 4. If the Officer submits a citation through the Juvenile court, then the officer must submit the BAC within ten (10) days of the citation, due to the short and strict deadlines in the Juvenile Court system. Due to the requirements, officers shall: a. Wait to cite a juvenile and/or submit a referral, to the Juvenile courts until the BAC results are completed and available to be submitted with the report. 5. Once the DUI process is completed the juvenile may be released to a parent, guardian or transported to the Durango Juvenile facility. B. Drivers under the age of 21 who are found to have any measurable alcohol level while operating or in physical control of any motor vehicle may be arrested for A.R.S. § 4-244.34 (Under 21 Operating a Motor Vehicle after Consuming an Alcoholic Beverage) 1. If the driver has a blood alcohol level of at least .01 and below .08 and the driver did not appear to be impaired, the driver may be charged with A.R.S. § 4-244.34. 2. If the driver has a blood alcohol level of at least .05 and below .08 and the driver appeared impaired to the slightest degree, then the driver may be charged with A.R.S. § 28-1381.A1, (Driving while impaired), as well as other potential liquor violations (A.R.S. § 4-244). 3. If the suspect's blood alcohol level is .08 or greater, the suspect shall be treated the same as an adult in that the suspect will be charged with both 28-1381.A1 and 28-1381.A2 and the Admin Per Se Suspension shall be served. 4. If a driver under 21 is arrested for driving after consuming alcohol and the driver refuses to submit to a blood or breath test or has a blood alcohol level greater than or equal to .08, an Admin Per Se form shall be completed and the suspension served. A search warrant may then be completed and a blood sample taken.