Subchapter 61.1
TRAFFIC ENFORCEMENT
/GENERAL ORDER NO. 61.1
61.1.1 SELECTIVE ENFORCEMENT ACTIVITIES
A. Traffic enforcement analysis of traffic crashes shall be the responsibility of the Traffic Section Supervisor.
1. The Traffic Section Supervisor shall analyze traffic crash data and generate a report for use in selective traffic enforcement activities. He shall consult, as appropriate and useful, with other agencies for input into the analysis.
2. Based upon concurrent jurisdictions and shared responsibilities with Louisiana State Police (Troop C) and other local agencies. Access to complete information may be limited.
3. The report shall track all pertinent and necessary information to prepare required reports which may include, but not be limited to; the number, location, time, date, day of week, and type of crash. These reports shall be provided to the Patrol Division Commander and the Criminal Department Head with selective traffic enforcement recommendations.
B. The Traffic Section Supervisor shall prepare an analysis of enforcement activity on a quarterly basis. He shall provide the Patrol Division Commander with the analysis for review.
C. The purpose of the crash and enforcement activity analysis is for implementation of selective enforcement that may consist of additional personnel, approved overtime, concentration of enforcement efforts, engineering design and other such activities.
D. Based on the quarterly analysis, the Patrol Division Commander shall implement selective enforcement as appropriate.
E. Deployment of traffic enforcement personnel may be redirected to high activity areas as identified in the analysis.
F. Each quarter the Traffic Section Supervisor shall produce a report that shall include evaluation and recommendations of selective traffic enforcement activities and shall describe successful and unsuccessful traffic enforcement activities by location. He shall provide the Patrol Division Commander and the Criminal Department Head with the completed report(s) for review and implementation of actions as appropriate and necessary.
61.1.2 UNIFORM ENFORCEMENT PROCEDURES
A. There shall generally be no physical arrest on traffic violations under Title 32 of Louisiana State law, however, when situations arise which in the deputy’s discretion, a physical arrest is appropriate and necessary, the arrest shall only be initiated with the approval of the on-duty Uniform Patrol Shift Supervisor.
1. Refusal to sign a citation alone shall not be grounds for a physical arrest. The deputy is to document in writing “refusal” in the space allowed for the violator’s signature.
2. If, during the course of a traffic stop, a deputy determines that the traffic violator is to be physically arrested on criminal charges or warrants, traffic citations shall not be issued (or placed in the arrest jacket if already written). The traffic offenses may be added to the criminal charges at time of booking.
a. Citations may only be cancelled with proper justification and the approval of the shift supervisor or higher ranking officer.
B. Deputies shall exercise discretion in reference to traffic violations. Options available to deputies shall be to issue a citation and/or a verbal warning.
1. The deputy, prior to arriving at a decision to issue a citation, shall take the following into consideration:
a. Whether the violation was intentional or unintentional;
b. The seriousness of the violation;
c. Any exigent circumstances (e.g.; medical emergency, death in family, etc.);
(1) If the deputy feels the violation in question should result in a citation, the deputy shall allow the violator to get medical attention or travel to the location where medical attention is being administered without delay. The deputy shall defer issuance of the citation until the most appropriate time and/or location.
d. Location;
e. Volume of traffic;
f. Time of day;
g. Weather conditions;
h. Whether the driver’s reason or explanation for violation can be verified;
i. Condition and experience of driver;
j. Driver’s attitude; and
k. Driver’s prior driving record.
2. Once the deputy has made the decision to issue a citation, he shall assure that the violator clearly understands that a citation is to be issued and shall do so in a courteous, prompt, and professional manner. The deputy shall not unnecessarily delay or prolong the explanation and issuing of a citation.
3. A violator that commits multiple violations shall be cited for no more than three traffic violations and issued a verbal warning for the less serious committed violations. If, in the deputy’s discretion, more citations are deemed appropriate and necessary, the Uniform Patrol Shift Supervisor shall be notified for consultation and approval.
4. In general, only one citation shall be issued within a 24-hour period for equipment, expired MVI, burnt headlight, or other non-hazardous violation and poses no safety threat.
5. Violators shall be permitted to operate a vehicle if in the deputy’s opinion:
a. The violation does not impair the violator’s ability to operate a vehicle (e.g.; expired drivers license);
b. The deputy should verify that the violator has a valid driver’s license, even though it is not in their possession at the time of the violation and only in unusual or rare circumstances shall an individual be charged with "No Driver’s License On Person". The deputy shall justify why the charge was appropriate; and
c. The vehicle is safe for travel.
6. Violators shall not be permitted to operate a vehicle when:
a. The violation impairs the violator’s legal ability to operate a vehicle;
b. The vehicle is unsafe for travel;
c. The violator is driving under a suspended driver’s license;
d. The violator is driving while intoxicated;
e. The violator is unlicensed; or
f. The violator is under physical arrest.
7. The vehicle shall be secured, towed, and/or operated by a competent licensed driver of the violator’s choice. If the violator has no means available to summon assistance, the deputy shall have the option to transport the violator to the nearest public service to summon assistance or request assistance from the Communications Center to attempt to contact a competent licensed driver of the violator’s request.
C. Deputies shall not practice quantitative enforcement but shall focus on qualitative enforcement. When circumstances warrant it, a verbal warning may be given.
61.1.3 VIOLATOR PROCEDURES
A. Non-residents of Lafourche Parish that possess a valid Louisiana driver’s license and are citizens of the State of Louisiana shall be processed in the same manner as a resident of Lafourche Parish.
1. Out-of-state residents from compact states who possess a valid driver’s license shall be processed in the same manner as a resident of Lafourche Parish.
2. Out-of-state violators from non-compact states shall be required to pay a fine or post a bond.
a. If the violator wishes to pay the fine, he shall be escorted to the nearest Lafourche Parish Sheriff's Office’s fine collection point. The violator shall be permitted to pay the fine with a credit card, traveler’s check, or cash.
b. Only in rare circumstances shall non-compact state violators be physically arrested and the arrest shall be with sufficient justification and supervisor’s approval.
B. A citation shall be issued to a juvenile (violator under 17 years of age) in the same manner as an adult, except for the court date information. The deputy shall advise the violator verbally that notification of a court date will be provided by another agency at a later date and check the appropriate boxes in the court date section of the citation.
1. The juvenile shall be allowed to continue operation of the vehicle if:
a. The violation does not impair the violator’s legal ability to operate a vehicle (e.g.; expired drivers license);
b. The deputy can verify that the violator has a valid driver’s license even though it is not in their possession at the time of the violation;
c. The vehicle is legally safe for travel; and
d. It does not violate curfew.
2. Deputies may, at their discretion, choose to notify the juvenile’s parents if it is in the juvenile’s best intent. Deputies are encouraged to obtain the correct name, mailing address, and phone number of parents of the juvenile violator and note this information in the comment section of the citation.
3. The Lafourche Parish Sheriff's Office is committed to reduce the number of automobile crashes and criminally related conduct conductive with individuals under the age of twenty-one (21) who operate a motor vehicle. By implementing a voluntary parental notification system, Sheriff’s Telling Our Parents and Promoting Educated Drivers (STOPPED), parents/guardians shall be notified of any problems or potential problems involving their children who are operating their automobiles.
a. Parents/guardians who have drivers under the age of twenty-one (21) have the discretion to register with the STOPPED program.
(1) Upon registering, the parent/guardian shall receive a transparent identification STOPPED decal, which bares an identification number assigned to the parent.
(a) STOPPED Registration forms shall be made available to the public at each Lafourche Parish Sheriff's Office.
(b) A self addressed envelope to the Lafourche Parish Sheriff's Office Traffic Services Section shall be affixed to each STOPPED Registration form.
b. Once the Patrol Division Deputy Commander has received a STOPPED registration form, the information shall be confirmed to the parent/guardian (vehicle owner) and a STOPPED Identification Number shall be assigned to the parent/guardian and the information contained therein downloaded into a STOPPED database.
(1) Upon completing the registration process an official STOPPED decal shall be mailed to the parent/guardian containing the mounting instructions along with a Thank You letter from the Lafourche Parish Sheriff's Office.
(a) The STOPPED decal shall be displayed below the tint line at the top left portion of the vehicle windshield.
c. Any participating Law Enforcement Agency in the Continental United States that observe a vehicle in violation which bares a STOPPED decal is required to notify the parent/guardian (vehicle owner) in witting regarding the:
a. Nature of the stop;
a. Date;
b. Time;
c. Location; and
d. Identification of the operator and occupants.
c. This visual aid shall remind young drivers of their parent’s watchful eye on the highway and hopefully discourage any unlawful and reckless activity.
d. Lafourche Parish Sheriff's Office shall implement the following enforcement procedures once determined through the course of the investigation that contact has been made with a STOPPED identification sticker. By no means shall the stop, investigation or operator detained solely on the display of a STOPPED identification sticker.
(1) Obtain the STOPPED Identification Number;
(2) Complete the Notification Form and attach it to the appropriate document, i.e., citation, report;
(3) Assign a follow-up code 20; and
(4) Forward all documents to the Patrol Division Deputy Commander.
e. The Patrol Division Deputy Commander, or assigned designee, shall file the original with the appropriate documentation and mail a copy to the registered parent/guardian. A second copy shall remain in the STOPPED filing system maintained by the Patrol Division Deputy Commander.
B. Pursuant to the LA Constitution of 1974, Article 3 § 8, Privileges and Immunities; a member of the legislature shall be privileged from arrest, except for felony, during his attendance at sessions and committee meetings of his house and while going to and from them. No member shall be questioned elsewhere for any speech in either house. This provision of law applies to members of the Louisiana State legislature. Deputies shall observe these laws and are legally required to extend immunity.
C. Upon stopping a foreign diplomat/consular official, deputies shall take responsible measures to identify and verify that the person or persons are diplomats/consular officials and are entitled to immunity. At a minimum, identification from the U.S. State Department shall be used for verification. The supervisor shall immediately be notified and assist in said verification.
D. Members of military services are not required to renew their driver’s license while on active duty. Military personnel are required to possess active military identification and a driver’s license from any state.
1. All military personnel shall be treated in the same manner as any other violator.
2. The deputy may choose to make notification of the violation to the violator’s commander. Upon request, the situation may be deferred to the military police. The deputy shall, in most cases, honor the request and allow the proper authority to take custody. All actions taken shall be documented in writing in the deputy’s initial report.
61.1.4 INFORMING THE VIOLATOR
A. It is essential that deputies fully explain the rights and requirements imposed on motorists upon arrest or issuance of a citation for a traffic violation. At a minimum, this information shall include the nature of the violation, time, date, division, phone number, location of the prescheduled court appearance, and methods by which the citation may be disposed of.
B. If the violation requires a mandatory court appearance, the “pay-by” date shall be omitted and the court date indicated. If the violation is a non-mandatory court appearance, the deputy shall indicate the “pay-by” date and the court date on the citation. The “pay-by” date is fifteen (15) days before the scheduled court date.
1. An annual court date schedule shall be made available to deputies, which contains the court dates, court divisions, and “pay-by” dates.
2. Deputies shall be required to have a current copy of the court date schedule available to them to utilize when issuing a citation. They shall refer to the court date schedule each day due to the fact that court dates frequently change.
C. If the violation does not have a mandatory court appearance, the violator shall be permitted to pay the fine either in person or by mail pursuant to the published fine schedule.
1. Deputies, under no circumstance, shall accept fines directly from a violator. The deputies shall direct the violator to a fine payment location and/or provided with a telephone number to the Ad Valorem, Fines and Bonds Section to allow the violator to call for fine information.
2. After regular business hours, or weekends and holidays, the Ad Valorem, Fines and Bonds Section telephone line shall roll over to the Communications Center.
D. In all cases, the motorist shall be notified of the specific violation for which they have been cited. They shall also be given the opportunity to discuss the traffic stop with the deputy and the deputy shall answer all legitimate questions and inquiries.
1. Each citation book cover contains information relative to traffic stops and shall be used as a guide. Deputies shall not argue, lecture, or question violators knowledge of traffic rules and regulations.