MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

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1 MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY POLICY AND PROCEDURE # 48 SUBJECT: Use of the Uniform Traffic Citation EFFECTIVE DATE: 1 January 1999 PAGE 1 OF 6 REVIEW DATE: 30 November 2017 APPROVED: CHANGE DATE: 07 April 2011 THE POLICIES AND PROCEDURES INCLUDED IN THIS MANUAL ARE NOT A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE RELIED ON AS SUCH. THESE POLICIES AND PROCEDURES ARE SUBJECT TO AND MAY BE CHANGED AT ANY TIME BY THE DEPARTMENT OF PUBLIC SAFETY, MEDICAL UNIVERSITY OF SOUTH CAROLINA. A. Policy In order to save manpower and time, the Uniform Traffic Citation established under the provisions of Section , South Carolina Code of Law, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate s court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish such information to the State Law Enforcement Division as required in Chapter 3 of Title 23. When further investigation is required the Uniform Traffic Citation will not be used. A warrant must be obtained and the subject must be taken to a bond hearing. B. Procedure 1. The Trial Officer will be Judge D. Coker, 4045 Bridgeview Dr. Charleston, S.C Trial days are Tuesdays, Wednesdays, and Thursdays at 0900 and 1400 hours. Do not use any other Judge for routine arrests. 2. When making an arrest using the Uniform Traffic Citation, follow these procedures: a) Write the citation. Instruction for Uniform Traffic Citation accomplishment is attached. (CALEA a) b) Complete Arrest and Booking Report: (CALEA a) 1

2 1) For any arrest including traffic offenses when the subject is placed in jail. This is not required for traffic offenses where subject is not placed in jail. 2) When using the Uniform Traffic Citation for criminal offenses (including when the subject is not placed in jail). c) Transport and book prisoner into County Jail. d) On the day of the trial, call the County Sheriff OOD at and ask if the prisoner has posted bond. If no bond was posted, go to the jail, sign out your prisoner and take him to court. After the trial, the prisoner will be returned to the jail to be processed out, or to be placed in confinement by order of the court. e) All paperwork from the arrest will be turned into your Supervisor prior to the end of your shift. On the date of the trial, the arresting officer will pick up all necessary documents from the Records Section. After the trial, all documents will be returned to Records immediately afterwards. No officer will keep copies of any document in the Arrest Package. The officer will then complete a supplemental report with court disposition. 3. Open container violations will be written using the Uniform Traffic Citation. For violations in vehicles, see attached bond sheets and, for violations on city on city streets and parking lots use Charleston City Code # a) Trial Officer for all state charges will be D. Coker, 4045 Bridgeview Dr., Charleston, SC, Trial days are Tuesdays, Wednesdays, & Thursdays at 0900 or 1400 hours. For traffic offenses set trial dates for minimum of 10 days from date of offense. For non-traffic Offenses set trial date for 10 days after arrest. b) Trial Officers for Charleston City Code violations, # 3-31, will be Charleston City Judge, 180 Lockwood Boulevard, Charleston, S.C Trial days are Monday-Friday 0900 hours. 4. This procedure will apply only if the arresting officer PERSONALLY observes the violation. If the arrest is based on a citizen's complaint, the complainant will have to obtain an arrest warrant. The complainant will be told that we can assist them in obtaining the warrant. 2

3 5. When stopping a subject for simple possession of marijuana, possession of drug paraphernalia, open container, or possession of alcohol under 21, it is not necessary for you to arrest the subject. You have the option of writing a uniform traffic citation, and releasing the subject. 6. The most commonly used offenses are supplied for use in attachment #3. This list is not a complete listing of all charges that can be written on a UTC, and are supplied to assist officers. Any offense not contained in attachment #3 can be found in the South Carolina Code of Law books maintained in the Department s library. 3

4 UNIFORM TRAFFIC CITATION INSTRUCTIONS 1. MUSC 2. SUBJECT'S NAME, AS IT APPEARS ON DRIVER'S LICENSE, BE SURE YOU ASK FOR PROPER SPELLING OF NAME. 3. ADDRESS OF SUBJECT. 4. STATE THAT ISSUED THE DRIVER'S LICENSE (D/L). 5. D/L NUMBER. 6. D/L CLASS OBTAINED FROM D/L. 7. VEHICLE LICENSE NUMBER OBTAINED FROM LICENSE PLATE ON VEHICLE. 8. STATE THAT ISSUED LICENSE (2 LETTER CODE IE SC FOR SOUTH CAROLINA) 9. MAKE OF VEHICLE OBTAINED FROM VEHICLE REGISTRATION. 10. YEAR OF VEHICLE. 11. CIRCLE APPROPRIATE TYPE OF VEHICLE. 12. D. COKER BRIDGEVIEW DR. 14. MONTH AND DATE OF TRIAL I.E ALL TRIAL TIMES WILL BE SET FOR 0900 or N. CHARLESTON, S.C TYPE OF VIOLATION, I.E., DISORDERLY CONDUCT 18. S.C. CODE (OBTAIN FROM 56 CODES OR 16 CODES S.C. LAWS) 19. NAME OF VEHICLE OWNER 4

5 20. DATE OF ARREST - MONTH, DAY AND YEAR (DATE CITATION WRITTEN) 21. ADDRESS OF OWNER - CITY, STATE, AND ZIP CODE. 22. DATE INCIDENT OCCURRED - MONTH, DAY, YEAR 23. NAME OF ARRESTING OFFICER - LAST NAME, FIRST INITIAL 24. RANK OF OFFICER - I.E, PSO, CPL, SGT. 25. CHARLESTON 26. COUNTY NUMBER IS BADGE NUMBER - CALL SIGN 28. DISTRICT IS CIRCLE DAY OF WEEK 30. TIME OF VIOLATION IN STANDARD 12 HOUR CLOCK - CIRCLE AM OR PM 31. WEATHER, I.E., CLEAR, RAIN OR FOG 32. IF CITATION IS FOR A NON-TRAFFIC INCIDENT, PUT N/A IN THIS BLOCK. IF CITATION IS FOR A TRAFFIC INCIDENT, WRITE THE NUMBER OF FEET FROM THE CLOSEST INTERSECTION. (THIS IS WHERE THE VEHICLE IS ACTUALLY STOPPED). FOLLOW EXAMPLE OF BLOCK IF CITATION IS FOR A NON-TRAFFIC INCIDENT, PUT N/A IN THIS BLOCK. IF CITATION IS FOR A TRAFFIC INCIDENT, WRITE THE NUMBER OF FEET FROM THE 2ND CLOSEST INTERSECTION. (THIS IS WHERE THE VEHICLE IS ACTUALLY STOPPED). EXAMPLE - IF THE VEHICLE WAS STOPPED ON CALHOUN STREET 100 FEET PAST BARRE STREET HEADED TOWARDS GADSDEN STREET BLOCK 32 WOULD LIST 100 FEET/BARRE. BLOCK 33 WOULD LIST 100 FEET/GADSDEN STREET. 34. LEAVE BLANK 35. CIRCLE THE DIRECTION OF TRAVEL WITH THE VEHICLE THAT WAS CITED. IF THIS WAS A NON-TRAFFIC ARREST, LEAVE THIS BLOCK BLANK. 5

6 36. NAME OF STREET WHERE INCIDENT OR TRAFFIC STOP OCCURRED. 37. CHARLESTON 38. OFFENSE CODE - OBTAIN FROM INSIDE COVER OF THE UNIFORM TRAFFIC CITATION BOOK. 39. IF CITATION WAS ISSUED FOR A DUI WRITE THE BA LEVEL FROM THE BREATHALYSER REPORT IN THIS BLOCK. 40. IN THE UPPER RIGHT HAND CORNER OF THE CITATION, WRITE THE WORD FINE AND LIST AMOUNT OF THE FINE. USE ATTACHED BOND SHEETS. 41. TURN THE SECOND COPY OF THE CITATION, FILL IN THE DESCRIPTION OF THE ACCUSED. 6