7-610 - Driver’s License/Traffic Violations

Policy

Violations for Driving after Revocation (DAR), Driving after Suspension (DAS) or Driving after Cancellation (DAC) shall be issued citations in lieu of arrest unless the officer believes that one of the following circumstances exists:

• To prevent bodily harm to the accused or another.
• To prevent further criminal conduct.
• There is a substantial likelihood that the accused will fail to respond to a citation.
• The officer cannot verify the identity of the accused.
• The officer has found that the accused has an outstanding warrant.

Officer shall not clip a driver’s license except for Driving after Cancellation Inimical to Public Safety (CANCIP) violations and when appropriate under current DWI guidelines.

Licenses confiscated for false identification or evidentiary purposes shall be property inventoried and the appropriate CAPRS reports shall be completed.

• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Confidential Informant:

  A person who cooperates with a law enforcement agency confidentially in order to protect the person or the MPD’s intelligence gathering or investigative efforts, and:

  1. Seeks to:
     1. Avoid arrest or prosecution for a crime; or
     2. Mitigate punishment for a crime in which a sentence will be or has been imposed; or
     3. Receive a monetary or other benefit;
  2. Is able, by reason of the person’s familiarity or close association with suspected criminals, to:
     1. Make a controlled buy or controlled sale of contraband, controlled substance, or other items that are material to a criminal investigation;
     2. Supply regular or constant information about suspected or actual criminal activities to a law enforcement agency;
     3. Otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts.