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61 – Traffic Safety <br /> <br /> <br />Policy & Procedure Page 7 of 19 <br />B. Citations <br /> <br />1. General <br /> <br />a. Officers observing violations will issue citations when it is legally allowed. <br />Massachusetts General Law Chapter 90C, section 2 states is pertinent <br />part: <br /> <br />“…any police officer assigned to traffic enforcement duty shall, <br />whether or not the offense occurs within his presence, record the <br />occurrence of automobile law violations upon a citation, filling out <br />the citation and each copy thereof as soon as possible and as <br />completely as possible…” <br /> <br />b. Before releasing the traffic violator, the officer shall provide him/her the <br />following information as appropriate: [61.1.4] <br /> <br />i. Optional or mandatory nature of court appearance, civil vs. criminal; <br />ii. Payment of fines; and <br />iii. Any other procedures. <br /> <br />c. Officers shall fully explain the motorist’s options and requirements upon <br />arrest or issuance of a citation. <br /> <br />2. Categories of Drivers <br /> <br />a. NONRESIDENTS: Enforcement activities shall be consistent and in a <br />uniform manner that does not give preference to local residents or <br />non-residents. [61.1.3(a)] <br />b. JUVENILES: There are no special procedures dealing with juvenile <br />offenders of the traffic laws and in the issuance of citations. Special <br />procedures come into play only if there is an arrest or criminal citation <br />issued to a juvenile. When this occurs, officers are to be guided by the <br />departmental policy 44B - Handling Juvenile. [61.1.3(b)] <br />c. STATE LEGISLATORS: The Massachusetts Constitution (Part 2, Chapter <br />1, Section 3, and Article 10) stipulates that state legislators, while <br />attending, going to, or returning from a session of their respective houses <br />shall be exempt from physical arrest. However, citations may be issued <br />as appropriate. [61.1.3(c)] <br />d. U.S. SENATORS and REPRESENTATIVES: United States Senators and <br />Members of the House of Representative are also immune from physical <br />arrest while attending, going to, or returning from a session of their <br />respective houses. [61.1.3(c)] <br />e. DIPLOMATIC AND CONSULAR OFFICERS: These officials shall be <br />accorded their respective privileges, rights, and immunities as directed by <br />international law and federal statute. These officials shall be treated with <br />the courtesy and respect that befit their distinguished positions. [61.1.3(d)] <br />