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  • #16
    I can't find a listing or articulation of the misdemeanor exceptions online - anybody know where to find them?

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    • #17
      Misdemeanor Exceptions should be in your LG (legal guide) in the front part of your FSS book. As for the attatched tag not assigned I agree with reading miranda and then give them a criminal citation with the next misdemeanor traffic court date for them to appear if they admit to it, otherwise just write the non-moving violation for registration

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      • #18
        Per my ASA Miranda and subject admits, good to go for NTA or Arrest. Doesn't admit your SOL.

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        • #19
          Originally posted by DS5529 View Post
          Misdemeanor Exceptions should be in your LG (legal guide) in the front part of your FSS book. As for the attatched tag not assigned I agree with reading miranda and then give them a criminal citation with the next misdemeanor traffic court date for them to appear if they admit to it, otherwise just write the non-moving violation for registration
          Lg-2 in the book, I know. I was looking for more of an articulation of 'em. I don't know, maybe it doesn't exist and I should just use the jury instructions. I'm trying to put together a "cheat sheet" quick reference guide.

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          • #20
            Case law dictates you cannot arrest a driver for violating 320.261 "attaching tag not assigned" unless you physically observe that person attaching the tag to the vehicle. Misdemeanor must occur in the presence of the officer! The other suggestions of charging for unregistered vehicle would be the way to go. For those that issue criminal citations for 320.261, just look them up at the clerk's office and you will see that each one gets amended to 316.605 "improper display of tag". Anyone with questions on this matter should contact Miami-Dade Police Legal Bureau for further clarification. Also, legal has provided municipal police departments with a legal bulletin on this matter (more than once).
            FSS 901.15 clarifies when an arrest made without a warrant is lawful.
            Last edited by sibpd893tf; 07-26-2007, 06:22 PM. Reason: additional information

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