15.6 Unique Categories of Violators

Centreville Police Department Title: Unique Categories of Violators Directive #: 15.6 Issued: 10.1.2016 Revised: 10.1.2016 Approved by: Charles M. Rhodes, Jr.

Chief of Police A. Purpose To provide officers with guidance when encountering violations committed by certain individuals.

B. Policy Violations committed by non-residents, minors, state or federal legislators, foreign diplomats or members of the military will be handled in accordance with this directive.

C. Procedures

1. Non-Residents

a. There is no difference between violators who are Maryland residents, residents of a state that has entered into a reciprocal agreement with Maryland or residents of a non-reciprocal state.

b. At the officer's discretion, any person may be issued a traffic citation or summons, or arrested for any violation of TRANSP. §26-201 or TRANSP. §26-202.

2. Jurisdiction over Minors

a. The District Court has jurisdiction over any child 16 years or older who has violated any provision of the Maryland Transportation Article or other traffic law or ordinance for which they may not be incarcerated.

b. When the District Court has jurisdiction, a traffic citation or summons may be issued.

c. The Juvenile Court has jurisdiction over:

(1) Violators under 16 years of age who have allegedly committed a violation of the Maryland

Transportation Article or other traffic laws or ordinances;

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(2) All minors under 18 years of age who have allegedly committed a violation of the Transportation

Article, or other traffic law or ordinance that prescribes a penalty of incarceration; and

(3) Minors who are charged with two or more violations of the Maryland Transportation Article or the

State Boat Act, allegedly arising out of the same incident and jurisdiction for one or more of the charges rests with the Juvenile Court.

(4) In these circumstances, a juvenile action will be filed against every minor who has allegedly

committed a traffic violation that does not fall within the jurisdiction of the District Court. These minors will not be issued a uniform traffic citation.

3. Parental Notification

a. When a juvenile motor vehicle operator is stopped for a moving violation, a violation of his provisional license, or is the at fault party in a motor vehicle collision, the officer should:

a. Request the name, telephone number and address of the juvenile’s parent/guardian.

b. Advise the juvenile driver of the parental notification process.

c. Make contact with the parent/guardian of the juvenile and advise them of the violation.

4. State and Federal Government Officials

a. State and federal legislators are not exempt from citations or arrest for criminal offenses or violations of the Maryland Transportation Article, to include arrest for driving under the influence.

5. Foreign Diplomats and Foreign Nationals

a. When a driver believed to have diplomatic immunity is stopped for a moving traffic violation and has proper and valid identification indicating immunity, the officer may issue an appropriate traffic citation or warning. Issuance of a traffic citation does not constitute an arrest or detention. The officer should give strong consideration to the issuance of a warning rather than a citation when coming in contact with a driver with diplomatic immunity.

b. DWI - Of primary consideration in a DWI incident is assurance that the driver does not endanger himself or the public. Preventive steps may include taking the subject to another location to permit sufficient recovery to drive safely, providing transportation, or taking other appropriate corrective action while respecting any immunity that may apply. Access to a telephone must be provided.

Page 2 of 3 c. The official, if entitled to criminal immunity, should not be subjected to any sobriety or other mandatory test, and, except in extreme cases, should not be restrained. The driver should be told that the officer's primary responsibility is to care for the safety of the official and the safety of others.

Force must not be used, except when necessary to prevent injury to the official or others, and then only to the absolute minimum.

d. Papers, documents or archives of a person entitled to immunity or in a vehicle bearing valid federal diplomatic plates remain inviolable, even if the driver is restrained or the vehicle removed or immobilized.

e. Telephone contacts for verification of Diplomatic status:

(1) (202) 332-1095 - Current status of federal diplomatic license tags, registration or other motor

vehicle documentation.

(2) (202) 632-0291 - Diplomatic agents and family members.

(3) (202) 632-0605 - Administrative and technical, service staff, and families.

(4) (202) 632-0706 - Consular personnel and families.

(5) (202) 632-1716 - International organizations.

After regular business hours, all inquiries should be made to the Command Center of the Office of Security, Department of State which operates on a 24-hour basis. (202) 632-6173; 632-2412 United Nations (New York). Verification information is also available from the Host Country Section of the U.S. Mission to the U.N. in New York: (212) 826-4440. After regular business hours, all inquiries should be made to the Communications Section of the U.S. Mission to the United Nations which operates on

a 24 hour basis. (212) 826-4449

6. Members of the Military

Members of the military are exempt from certain driver’s license requirements as outlined in the TRANSP.

§16-102.

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