61 - Traffic Safety - 2019 - Laserfiche WebLink

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61 – Traffic Safety Policy & Procedure Page 11 of 19 reasonable opportunity to exercise it. Such person shall, immediately upon being booked, be given a copy of this section unless such a copy is posted in the police station or other place of detention in a conspicuous place to which such person has access.” (a) On October 28, 2005 the State of Massachusetts passed "Melanie's Law," which added a number of new, harsher penalties to the drunk driving laws in the state. [61.1.11] (b) The harsher penalties include longer loss of license for breath test refusals, successive suspensions of licenses, interlocking ignition devices for persons with multiple convictions and more. f. OPERATING UNDER THE INFLUENCE OF DRUGS: Massachusetts’ law does not provide an implied consent statute for operating under the influence of drugs and has no statutory authority to request any type of drug testing. An officer may request a blood sample to test for impairment (a drug in urine implies use). The operator may consent or refuse. If a blood sample is obtained, send the blood sample and a copy of the report to the State Police Lab for analysis. See the Department policy 83A - Collection and Preservation of Evidence. [61.1.11] i. The officer investigating a possible case of operating under the influence of drugs should consider requesting a Drug Recognition Expert (DRE) to the scene of the stop. The dispatch/communications center may be able to ask for this resource over the radio, or phone calls may have to be made to determine availability. ii. The officer shall indicate in his/her report if a DRE assisted with the investigation. If a DRE was not available to respond, that should be noted as well. iii. In most instances, the officers questioning and seizure of evidence will be the basis for an OUI drug arrest. Drug Recognition Experts may not be available. 2. Other Enforcement Violations a. SPEED VIOLATIONS: Speed is one of the main causes of accidents and often generates citizen complaints in neighborhoods. Officers shall take appropriate enforcement action for speeding violations. Officers shall use verbal warnings, written warnings, and citations to encourage motorists to comply with traffic laws and regulations and to ensure maximum reduction of accidents. Citations issued for speed violations should take into account the location of the violation (congested area, downtown, school zone, etc.). [61.1.5(c)][1.2.7]