860.10 TRAFFIC CITATIONS AND ARRESTS
- ORS 133.621 Medical Examinations at Police Officer’s Request
- ORS 807.430 Misuse of Bureau ID Card
- ORS 807.570 Failure to Carry or Present License
- ORS 807.580 Using Invalid License
- ORS 807.620 Giving False Information to a Police Officer
- ORS 810.410 Arrest and Citation
- ORS 813.140 Chemical Test With Consent; Unconscious Person
- DIR 640.00 Identification Procedures
- DIR 640.50 Traffic Crash Investigations
- DIR 820.00 Arrest, Jurisdiction
- DIR 830.00 Arrest, Without Warrant
- DIR 860.30 Citation-in-Lieu-of-Custody
- DIR 860.40 Citations and Parking Tags
- Bodily Substance/Medical Examination/Seizure Form (Traffic)
- DUII Interview Report (Traffic)
Inadvertent vehicle operator behavior oftentimes results in the commission of motor vehicle law violations. The Bureau recognizes this fact and strives to promote voluntary motor vehicle compliance on the part of traffic violators.
Members are encouraged to use discretion in deciding whether a verbal or written warning, citation issuance or physical arrest should be used in a particular situation.
The procedures contained within this directive will assist members who determine that the issuance of a citation and/or the arrest of a subject is the appropriate course of action.
ORS 810.410 (Arrest and Citation) provides authority for police officers to issue citations and/or make arrests in traffic offense situations. When official action is deemed necessary, the Z-Citation (Z-Cite) will be used for:
a. Motor vehicle code violations, misdemeanors and certain suspended operator license offenses.
b. Bicycle offenses.
c. Pedestrian offenses.
d. Auto dealer licensing and sale offenses.
e. Auto wrecker licensing and sale offenses.
f. Offensive littering offenses.
Offenders arrested for traffic related felonies will be issued a C-Citation (C-Cite) or booked or lodged into the Multnomah County Detention Center (MCDC). Only one DUII offense will be listed on a Z-Cite. Up to three charges may be listed on a Z-Cite if appropriate. The member will check the appropriate boxes indicating the existing weather and traffic conditions. If the violation involves an accident, the member will check the appropriate boxes. If an accident report is written, the entire section will be circled. Do not mix infractions and crimes on the same citation.
Members will complete the signature, I.D. number, division/unit number, days off and district number (i.e., 890) where the “offense occurred” sections of the citation.
One-Member Issuance/Arrest and Reporting (860.10)
Routinely, only one member will affect an arrest, advise arrestees of their Miranda rights and lodge the arrestee and/or issue Z-Cite and/or C-Cite.
Whenever more than one member is present at an incident, all reports will reflect the facts from the point of view of the arresting/citing member. All other members associated with an incident will be identified and their involvement detailed in the arresting member’s report. Refer to the Narrative portion of the Custody, Investigation and Continuation Reports, (i.e., cover officer-security, transporting member, finder of evidence).
When additional members observe elements, factors, or gather information pertinent to a case that is separate and distinct from that of the arresting member, they will complete a Special Report detailing their involvement.
Traffic Violations – General (860.10)
ORS 810.410(2) provides authority for officers to issue citations for violations committed in their presence. The following procedures will be followed when issuing a Z-Cite for a traffic violation:
a. The affidavit on the back of the Officers Notes (green) copy of the Z-Cite will be completed and signed by the issuing member.
b. The handwriting on the citation must be legible. Illegible citations may be dismissed.
c. Sergeants are responsible for ensuring that all citations and affidavits are filled out correctly, and are legible.
d. Any deficiencies will be referred to the issuing member’s supervisor for correction.
When a violator is issued multiple Z-Cites, all citations will indicate the same appearance date and time.
One member will issue all Z-Cites to violators who commit multiple traffic offenses. The only exception to this procedure will be when an infraction is committed out of the primary member’s presence and issuance is deemed necessary.
Members will write Custody Report across the top of the face of the Z-Cite when a Custody Report is written for any traffic offense.
All traffic offense citations, including those issued in conjunction with traffic crimes, will be forwarded to Records for further distribution. Records will forward the report and citations to the appropriate RU.
Following normal processing, persons cited for traffic infractions will be released. Refer to ORS 153.110(3) and ORS 810.410.
Traffic Crimes (860.10)
a. Refer to ORS 810.410(1).
b. Traffic Misdemeanors General: Members may issue a Z-Cite or arrest and take into custody traffic misdemeanor offenders if the member observes the crime, or has probable cause to believe the person to be arrested committed the crime. A report will be prepared detailing the circumstances of all major traffic offenses, traffic crime situations. The report, DMV printout, a PPDS printout, printout of officer’s court unavailability record, and the Z-Cite will be placed in a completed Traffic Case Envelope and submitted to Records. The green (Officer’s Notes) copy of the Z-Cite will have Custody Report written on its reverse side and will remain with the Z-Cite. A copy of the officer’s notes will be placed in the case envelope.
c. Traffic Felonies General: A person arrested for a traffic felony will be booked into MCDC, or issued a C-citation.
d. Felony Case Requirements (Suspect booked or cited):
1. Obtain a case number from Records’ Numbering Desk. Write the case number on all pages of the reports. (Records may require a sergeant’s approval.).
2. Write Felony in front of the charge on both the case envelopes and on the Custody Report under charges (i.e., Felony DUII, Felony Hit and Run).
3. Send original reports, in a case envelope, to Records, via standard procedure. Include a photocopy (not the original) of the citations. This case envelope does not need to be completely filled out as it is only used to hold the paperwork.
4. Include two (2) copies of all related reports in a second case envelope.
a) Make copies of both sides of all reports and forms to include DMV Implied Consent Forms.
b) Include one (1) copy of all PPDS, CCH, DO7, and a full DMV driving history printouts (all pages).
c) Include original citations, after copying them for Records.
5. Place a note on the Morning Relief UDAR requesting that a morning relief officer hand deliver the case envelope to the Complaint Signer’s Office for delivery to the District Attorney. All cases with Custody Reports will be turned in prior to going off shift.
Driving While Suspended/Revoked – Violation, Misdemeanor and Felony
The disposition of persons cited or arrested for driving with a suspended or revoked operator’s license varies, depending upon the classification of the suspension or revocation and the circumstances associated to the arrest.
Traffic Citations Issued in Conjunction With Criminal Charges (860.10)
All original Z-Cite and traffic-related C-Cites issued in conjunction with any non-traffic criminal charge will be attached to the reports and forwarded to Records. Records will forward original citations and copies of the reports to the appropriate RU.
Giving False Information/Misuse of Identification Card (860.10)
It is a Class A Misdemeanor to knowingly use or give a false or fictitious name, address or date of birth to a police officer for a violation of the motor vehicle code (ORS 807.620).
Arrests may be made when a driver has failed to carry or present a license when being lawfully stopped for violating the motor vehicle code. In such cases, the arrest will be made for the purposes of identifying the person so as to allow for correct citation issuance (ORS 807.570). Members will refer to DIR 640.00 for details related to processing and citation issuance.
Traffic Citations/Arrests within the City but Outside Multnomah County (860.10) Refer to DIR 820.00.
Citation Issuance by Private Persons (860.10)
ORS 153.058 allows private persons the right to commence citation issuance proceedings in traffic matters. When a private person is adamant about issuing a Z-Cite to another person and has the information necessary to identify both the offender and his/her vehicle, members will:
a. Complete a Special Report stating the allegation, the offending vehicle, the names and vital identifying information of all involved parties, as well as their statement. In some cases, members may conduct brief investigations to determine the name of the alleged violator.
b. Complete a Z-Cite, leaving the court time appearance, date and signature spaces blank.
c. Direct the complaining person to appear at the Circuit Court Clerk’s Office Traffic Department, Multnomah County Courthouse, 7 to 14 days after the date of investigation in order to swear to, and sign the Z-Cite.
d. Send all copies of the Z-Cite, along with a copy of the Special Report of the incident, to the Circuit Court Clerk’s Office Traffic Department.
Traffic Collisions (860.10)
ORS 810.410(4) provides authority for police officers to issue Z-Cite and/or make traffic crime arrests at the scenes of traffic collisions under the following conditions:
a. The officer witnesses an offense.
b. The officer has probable cause to believe a person involved in the accident has committed a traffic offense (refer to DIR 640.50).
DUII – Non-Injured Suspect (860.10)
Members contacting intoxicated operators may call upon Traffic units for assistance. Members of the Traffic Division may assist by processing and citing the operator. Members initiating the stop will complete a Special Report detailing his/ her observations.
If Traffic units are not available, members will exercise discretion in determining the appropriate action. If the member determines that an arrest is appropriate, he/she will conduct the proper field sobriety tests to establish probable cause, administer the breath examination, and issue the appropriate citations and documents to the arrestee. Members who are not certified to administer the breath test will call upon a certified operator for assistance.
DUII – Injured Suspect (860.10)
ORS 813.140 allows for the seizing of body fluids (blood and urine) for the purposes of determining the presence of intoxicants in DUII cases. When operators suspected of being under the influence are injured and transported to medical facilities, members may make contact at the hospital. When the individual’s medical condition prohibits release within a reasonable time to allow for a breath examination, the member may attempt to obtain a blood or urine sample. (See Obtaining Evidence).
a. Conscious Individuals: When injured subjects are conscious, consent must be obtained prior to the obtaining of body fluids for the purposes of evidentiary use in DUII cases. Depending upon the circumstances, the request may be made before an arrest (if probable cause is lacking and the results of the test would be used later to support the arrest and citation issuance) or following an arrest (if probable cause is present). A consent form will be signed which indicates that the subject is aware of, and knowingly consents to, the drawing of blood or providing a urine sample for the purposes of determining the presence and amount of intoxicants in the blood. See Bodily Substance/Medical Examination Seizure Form. After samples are obtained, the requesting member will take possession and issue a Property Receipt.
b. Refusal to Consent: When injured DUII operators refuse to consent to the drawing of blood or the providing of a urine sample, members must base their case on the facts present in the same manner as if the individual was able but unwilling to consent to a breath examination. There are no operator license suspension sanctions for refusing to provide body fluids. Members may contact a member of the Traffic Division for assistance in determining the ability of pursuing a search warrant.
c. Unconscious Individuals and Those Incapable of Consenting: When probable cause exists and individuals are unconscious or in a state rendering them incapable of giving consent, ORS 813.140(2) allows for the taking of body fluids. A consent form will be completed, and the portion indicating that the subject was unconscious or incapable of giving consent will be completed. The requesting member will take possession of the sample and issue a property receipt.
Non-Traffic Criminal Charges (860.10)
In many instances, non-traffic criminal charges (i.e., assault, recklessly endangering, manslaughter) provide avenues for the seizing of body fluids. In such cases, contact a Traffic Division Major Crash Team supervisor for assistance with the investigation and possible search warrant preparation. Contact with a Major Crash Team supervisor may be made through BOEC.
In these situations, bodily substances or the results of medical examinations may be seized through consent of the individual or, if probable cause exists, through the exigent circumstance exceptions to the search warrant requirements. In such cases, it is not necessary that the subject be placed under arrest prior to the seizure.
ORS 133.621 provides civil immunity for licensed physicians or persons acting under their control or direction who withdraw body fluids, obtain substances, or perform medical tests and procedures to gather evidence in criminal investigations at the request of a police officer. This immunity is not conditioned upon the existence of probable cause or the existence of a search warrant or court order. Nothing in this section of law shall be interpreted as requiring such persons to act at the request of a police officer.
Obtaining Evidence (860.10)
When determining that the collection of body fluids is appropriate, members will make their request to the medical personnel involved in the case. ORS 813.160(2) indicates that licensed physicians or qualified persons acting under their direction who withdraw bodily substances in a medically acceptable manner at the request of a police officer shall not be held civilly liable for their actions. Members desiring to draw blood will request that 10cc be collected in a gray stopper tube containing sodium fluoride. A nonalcoholic cleanser will be used to clean the surface area of the drawing. The presence of controlled substances and narcotics in body fluids is detected through urinalysis. Members requesting urinalysis should attempt to obtain a minimum 300cc sample. After samples are obtained, the requesting member(s) will take possession and issue a Property Receipt to the hospital.
During normal business hours, evidence will be delivered to the Oregon State Police Crime Lab. During non-business hours, members will use the refrigerators located in the JusticeCenter’s lower level Property Room. Regardless of the placement of the evidence, an appropriate lab request form will be completed and left with the evidence.
DUII Report Processing (860.10)
The following documents will be completed and/or included in all DUII cases:
a. A Custody Report (to include detailed field sobriety tests).
b. A DUII Interview Report.
c. An Intoxilyzer Operator’s Checklist and the Intoxilyzer Test Record (when the defendant submits to a breath test).
d. DMV’s Implied Consent: Combined report, Notice of Intent to Suspend, and Temporary Driving Permit Form, if applicable.
e. The confiscated Oregon Operator’s License (ODL) or Permit. Do not confiscate out-of-state drivers’ licenses.
g. The Bodily Substance/Medical Examination Seizure Form, if applicable.
h. DMV DO-7 and Restriction 9-D33 printouts, if applicable.
i. Special Report(s) written by other members, if applicable.
j. Accident/Hit and Run Report(s), if applicable.
k. Property Receipts, if applicable.
l. Officer’s court unavailability record.
All original documents, reports, printouts, all copies of the DMV Implied Consent Form with the ODL or permit (if confiscated) stapled to the front of the DMV Implied Consent Form, and a photocopy of the confiscated license or permit will be placed in the Traffic Case Envelope and forwarded to Records for distribution.
Seizure of Operator Licenses (860.10)
When a subject is cited for DWS/DWR and the person has presented an ODL to the member, the member will seize the ODL, issue a Property Receipt, and place the ODL in the Property Evidence Unit, either as evidence or for forwarding to DMV.
a. If an ODL is seized as evidence, a Z-Cite for Using an Invalid License (ORS 807.580) may be issued, and the appropriate entry will be made on the Custody Report.
b. If the license is seized for return to DMV, the member must write across the face of the PED Receipt, Forward to DMV. The Property/Evidence Division will forward all seized licenses, so noted, to DMV periodically.
a. Violations: All persons under 18 years of age will be arraigned for the following offenses using the Adult Circuit Court schedule.
1. Offenses defined in the Oregon Vehicle Code and relating to the use or operation of a motor vehicle.
2. A boating offense.
3. A game offense.
On all other offenses write “TO BE DETERMINED” on the bottom of the citation. Do not enter a date, time or location for court appearance. Bail will be indicated. Any violation citations issued in conjunction with traffic crimes will be attached to the traffic crime case.
b. Crimes: All persons under 18 years of age cited for traffic crimes will be issued a Z-Cite using the following procedures:
1. The word Juvenile will be printed on the top of the citation.
2. The parent(s) or guardian(s) name(s) will be printed in the right hand vertical margin Name section.
3. The appropriate arraignment information will be indicated.
4. The Bail section will be left blank.
5. A Custody or Special Report will be completed detailing the case.
6. All citations will be attached to the written report and forwarded to Records. Following data entry, Records will forward the citations and a copy of the report to the Circuit Court.
Citation Voidance (860.10) Refer to DIR 860.40.
Notification of Witnesses/Complainants (860.10)
In a traffic violation case where the issuing member is responsible for prosecuting the case, Traffic will notify all non-Bureau witnesses/complainants of the trial information.