Dallas police chief issues new rules on speeding in patrol cars

By TANYA EISERER
The Dallas Morning News

Dallas Police Chief David Kunkle put the word out to his officers Thursday: Do not drive above the speed limit unless lights and sirens are activated.

The new rules come on the heels of recent controversial driving incidents, including the death last Friday of 10-year-old Cole Berardi, who was struck by an officer driving at least 29 mph over the speed limit on a darkened road. His sirens and emergency lights were not on.

"This has affected me more than any other situation," Chief Kunkle said during a news conference at police headquarters Thursday.

"If I could do anything to bring Cole Berardi back, I would. I know the officer involved; his life has been forever changed by this incident."

Last month, after a chase that ended with an officer seriously injured in a pursuit, Chief Kunkle appointed a panel to review the department's policy on driving in pursuits and in emergency situations.

He said Cole's death gave him the final impetus to go ahead and issue some changes before the panel completes its work.

Stan Broome, a lawyer representing a family who sued in a case in which a pedestrian was struck and killed by an officer in 2005, said he was pleased by the changes but that it shouldn't have taken so long.

"Had someone taken the steps like Chief Kunkle did today following the death of L.V. Daniels Jr., then Cole Berardi would be alive today," Mr. Broome said.

Video of accident

Police released a video of the accident Thursday. It shows Senior Cpl. Michael Vaughn driving down a darkened Belt Line Road as he heads to a disturbance where a man was reported to be banging on a door with a gun. In a flash, Cole appears on the screen, and he's almost instantly hit by the squad car.

The video then shows the officer turning his car around and returning to the scene to search for what he had hit. Cole's bicycle is visible in the foreground.

The police accident report released Thursday lists speed as a contributing factor in the accident. It states that the speed of Cpl. Vaughn's vehicle ranged from 69 mph to 72 mph at the time of impact. The speed limit on that stretch of road is 40 mph.

Cpl. Vaughn is on restricted duty. It is not clear what, if any, discipline he will receive. The matter will be referred to a grand jury to determine whether he should face criminal charges.

Under the new policy, officers will generally be prohibited from traveling faster than 20 mph over the speed limit on major roads and freeways when their lights and sirens are activated, which is called a "Code 3" response.

Previously, there were no limitations on speed when officers were responding Code 3.

Officers also will be required to observe the posted speed limit in residential neighborhoods and school zones even when their lights and sirens are activated under a Code 3. They have also been ordered to slow down at intersections to make sure they are clear before running a stop sign or light.

When responding to nonemergency calls, police will be required to travel the posted speed limit and obey traffic laws.

Previously, the policy was less explicit. It stated that officers should "proceed with the normal traffic flow and obey all traffic control devices and signals" when driving without lights and sirens. Limitations on speed could be interpreted several ways, and some officers have said that department has always urged officers to get to a call as quickly as possible.

"We do not want our officers speeding, violating any traffic laws, unless they are doing it with their lights and sirens on," Chief Kunkle said.

Change in mind-set

The department will also attempt to get officers to change the way they think about going to Code 3 – commanders want officers to be more willing to act under Code 3, and, once at Code 3, have a more tempered response to how they go about their business.

"We're saying that it's OK to go Code 3 if you have to," said Assistant Chief Floyd Simpson, who oversees the city's seven patrol stations.

Officers also will be allowed to exceed the 20-mph limit in limited circumstances: when another officer is in immediate danger or when they are authorized to be involved in a pursuit. The policy also states that there may be other times when it is necessary to go faster than that, but that "officers are not relieved of their responsibility to exercise due regard for the safety of all persons."

Representatives of the department's police associations, who flanked the chief as he made the announcement, said they support the latest changes.

"I think it can save lives and keep officers, as well as the citizens of the Dallas, safe," said Sgt. Sheldon Smith, executive vice president of the Black Police Association.

The Dallas Morning News. "Dallas police chief issues new rules on speeding in patrol cars" dallasnews.com [updated October 24, 2008; cited Oct 26, 2008]. Available from
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-fastcar_24met.ART0.State.Edition2.4a84fd9.html

HARTFORD: Police: Fake 'Officer' Chased Down By Real One

Hartford police say that Israel Gomez was pretending to be one of them early Tuesday when he got a harsh surprise.

Gomez, 20, was cruising down Franklin Avenue in a 1994 Honda Civic equipped with red and blue strobe lights, a siren and a loudspeaker. Driving behind a car near South Street, he turned on his flashing lights and sounded the siren. Gomez drove up to the right side of the car, and using his loudspeaker, ordered the driver to pull over, police said. A second car, which police said was driven by an accomplice of Gomez's, pulled up on the left side of the car that Gomez was trying to stop.

What Gomez and his accomplice, Esteban Cardona, 20, did not know, police said, was that they had targeted a real police officer — off-duty Hartford police Lt. Ronald Bair. The pursued became the pursuer. Bair followed the two cars south on Franklin Avenue, called for assistance and confronted the two men near Hanmer Street.

Gomez, of 586 Franklin Ave., was charged with impersonating a police officer, reckless driving and improper use of red flashing lights. Cardona, of 20 Victoria Road, was charged with reckless driving. Both men were released from custody.

Hartford Courant. "HARTFORD: Police: Fake 'Officer' Chased Down By Real One" courant.com [updated October 22, 2008; cited Oct 22, 2008]. Available from
http://www.courant.com/shopping/hc-copdigbrf1022.art2oct22,0,1836281.story

'Move Over Law' sought after trooper struck

By Megan Woolhouse, Globe Staff | October 19, 2008

State Trooper Dana Cresta had no time to run. As he stood in the breakdown lane of the Massachusetts Turnpike, investigating a car crash early yesterday, a fast-moving 2008 Nissan Maxima careened into him. The impact sent Cresta through the Nissan's windshield.

The trooper survived, but he sustained serious injuries and was taken to Beth Israel Deaconess Medical Center.

The accident was a prime example of the dangers troopers face when they pull over to investigate crashes or make traffic stops. Now, some legislators have renewed calls for a state law that would require highway drivers to move out of the right lane when emergency vehicle lights are flashing.

State Representative Christine E. Canavan, a Brockton Democrat, said she has been sponsoring the legislation, called the "Move Over Law," because too many police officers and tow truck drivers are hurt or killed on the side of the highway every year by errant drivers.

"So many states do something and we don't," Canavan said yesterday.

Her proposal would require drivers on highways of two lanes or more to give wide berth to emergency vehicles parked on the roads with their lights flashing. Drivers would also be required to slow to speeds 20 miles per hour less than the posted speed limit, or face a ticket of at least $100.

Canavan said she has sponsored the legislation four times in eight years. Although she has never heard opposition to the measure, it has failed to win approval. She said her current bill is mired in a legislative committee, where it has been included in omnibus bills.

Forty-three states have passed similar laws, according to the group Move Over America, a coalition of national law enforcement agencies that advocate for the measure. Earlier this year, New Hampshire enacted the law, expanding it to include construction trucks with amber lights used by its Department of Transportation workers. Massachusetts, Connecticut and Rhode Island, as well as Delaware, Hawaii, and Nebraska, are the only states, as well as Washington, D.C., that have not.

The Massachusetts Association of Chiefs of Police supports the Move Over America law. President A. Wayne Sampson laughed when asked whether he thought the Legislature would approve the measure.

"We're not aware of a single person opposed to it," he said.

Sampson said some research by national law enforcement groups has shown that drivers are sometimes mesmerized by the spinning lights on emergency vehicles and inadvertently drive toward them on the highway.

"People focus on the lights and the brighter they are, the more it distracts them," he said. "We have deep concerns for every officer that makes a moving stop at any time of day."

The Executive Office of Public Safety and Security, which oversees the State Police, also supports the legislation. Spokesman Terrell Harris said he did not have information on the number of police officers injured each year on highways, but the legislation is considered to be a benefit to police safety.

Harris said it is impossible to say whether the law would have prevented yesterday's crash. For one thing, the driver of Nissan was charged with drunk driving. For another, drivers don't always abide by traffic laws.

"Incidents like this are always discouraging to the people who try to keep us safe," Harris said. "But those people aren't going to let it stop them from going out and doing their jobs to the best of their ability."

The Towing and Recovery Association of America estimates that about 55 tow truck drivers are killed each year in the United States.

In Massachusetts, two tow truck drivers were killed in 2004 as they sat in the breakdown lane along Interstate 495 in Brockton.

Timothy Kelly, 23, of Bridgewater, and Jarrod Drew, 24, of Brockton, worked for A-1 Affordable Towing of West Bridgewater. Drew was there to help Kelly, whose truck had broken down on the highway.

As the two men worked in the breakdown lane shortly before dawn on Feb. 20, they were struck by Daniel Cummings, 21, of Raynham.

Cummings later pleaded guilty to two counts of motor vehicle homicide and was sentenced to four to five years in jail.

Yesterday's crash occurred shortly before 3 a.m. on the Mass. Pike in Newton. Cresta had been investigating an earlier crash; the occupants of that car had fled. He was struck by a Nissan driven by Patrick J. Sullivan, 23, of 84 Parker Road in Framingham.

Cresta sustained injuries to his head, face, legs, and ribs. Police described his condition as serious, but improving.

Sullivan was not injured. He was arrested and charged with operating under the influence, operating in a break down lane, and operating to endanger. He will be arraigned this week, State Police said.

Material from the Associated Press was used in this story.

The Boston Globe. "'Move Over Law' sought after trooper struck" boston.com [updated October 19, 2008; cited Oct 20, 2008]. Available from
http://www.boston.com/news/local/articles/2008/10/19/move_over_law_sought_after_trooper_struck/

Police take steps against misuse of beacon lights

17 Oct 2008, 0219 hrs IST, Kumar Rajesh,TNN

BHAGALPUR: The district police have initiated steps against unauthorized use of red VIP lights in the district in a stern step against misuse of b
eacon lights on vehicles. Notices have been served by the district police to many so-called VIPs who are taking advantage of leniency in enforcement of statutory provisions of Motor Vehicles Act.

Sources said the notice clearly mentions the stopping of use of beacon lights on their vehicles with immediate effect, failing which legal action would be taken against offenders as per the Motor Vehicles Act.

This step by the district police has been lauded by the people, while at the same time, it has caused unease among habitual proscribed users. ‘Memsahibs' (wives of so-called VIPs), who use such vehicles for shopping, are most likely to feel the pinch of police action against unauthorized users of beacon lights.

Some important persons who have been issued notices are vice chancellor of Tilka Manjhi Bhagalpur University (TMBU), Bhagalpur mayor, deputy mayor, besides other persons including a former mayor and political leaders. Several politicians, TMBU officials, some judicial and government officials besides others who are not authorized and permitted by any statutory provisions, are using beacon (VIP) lights. According to sources, some people who are not entitled, but use beacon lights in order to create `impression' and throwing their ‘weight' on the society. Several incidents in the past, in which riders of vehicle with beacon light entering into altercation with traffic police and common public, have also compelled the district police to take such action, said an official.

It is also being used unauthorizedly to take their vehicles through "no entry and restricted roads" besides illegal parking at no parking zone, said official sources adding that most of the times, vehicles with unauthorized beacon lights are used by ‘memsahibs' (wife of so-called VIPs) for shopping in the no entry zones.

Bhagalpur SP Kundan Krishnan said on Thursday that notices have been issued to streamline the usage of beacon lights as per statutory provisions and directions. "Legal action would be taken against all those who flout the statutory provisions, government rules and regulations," he said.

The government under the provisions of Central Motor Vehicles Rule, 1989, has authorized only a handful of persons to use beacon light on their vehicles. As per statutory provisions, authorized persons at divisional level are divisional commissioner, RIG, DIG, DM, SP, income tax commissioner, district judge, ADJ, ADM, CJM, Civil SDO and DSP.

Besides, at the district level, persons like governor, CM, Speaker and deputy speaker (state assembly and council), chief justice and other justices (high court), attorney general, lokayukta, cabinet and other ministers, leaders of ruling and opposition parties, chairman (public service commission), state election commissioner, chief secretary, DGP, secretaries of several departments besides other designated persons can use these vehicles. Hailing the measures, a businessman of Sujaganj locality said that it is welcome step as it would restrict parking of ‘lalbatti' (unauthorized beacon-fitted) vehicles in front of their shops causing blockade.

The Times of India. "Cops take steps against misuse of beacon lights" timesofindia.indiatimes.com [updated October 17, 2008; cited Oct 17, 2008]. Available from
http://timesofindia.indiatimes.com/Cities/Patna/Cops_take_steps_against_misuse_of_beacon_lights/articleshow/3605937.cms

Police to pay fee for off-duty use of police cars

By DOUG NURSE
The Atlanta Journal-Constitution
Thursday, October 16, 2008

Alpharetta is requiring its police officers to pony up for use of equipment and fuel during off-duty jobs. At least one officer has argued it amounts to a new tax on law enforcement.

As of Saturday, police officers with take-home patrol cars will be required to remit 10 percent of their pay from “extra-duty jobs,” said James Drinkard, assistant city administrator.

“We are trying to get fuel costs under control,” Drinkard said. “These officers are certified, using an Alpharetta badge, a city vehicle, and city fuel. Why should the citizens pay for the fuel they use while working extra jobs?”

Detective Corey Miller, filed a grievance protesting the policy to Public Safety Director Gary George.

In his complaint, Miller wrote that the city is essentially taxing public safety employees.

“There is a question that such a fee could be perceived that the city is doing indirectly what it cannot do directly under law,” he wrote. “By taxing off-duty employment, especially through payroll deduction, the city is indirectly receiving funds from a private person, firm or corporation. …”

Miller could not be reached for comment Wednesday.

George dismissed the complaint, and Drinkard rejected the appeal.

George said he received several complaints from residents about idling off-duty police vehicles.

“You wouldn’t believe the complaints I was getting,” George said. “They call or e-mail and say, ‘I saw an officer at North Point Community Church. The car was in the intersection with the lights going and the motor running. Are my tax dollars going for that car?’ Now, we say ‘no,’ and they say ‘OK.’ “

Many officers supplement their income by providing security or traffic control to private businesses or organizations.

The department allows officers to take home cars under the theory that it heightens police profile and discourages crime.

That also holds true of extra jobs, said Dennis Hammock, regional director for the Fraternal Order of Police.

“The public still benefits,” Hammock said. “It deters crime. They shouldn’t assess it all, but if they do, it should only be mileage to and from the job location.”

The cities of Suwanee and Holly Springs assess similar fees, and Gwinnett and Cherokee counties are considering them, according to an internal Alpharetta police memo.

Officers generally earn $25 an hour on off-duty jobs, the memo said. Drinkard said the money will go directly into the city General Fund.

Initially, Alpharetta officials contemplated charging officers a per-mile fee for use of vehicles outside city business, which would have applied to driving cars to and from work, Drinkard said. Police captains suggested the flat 10 percent because it would have less impact on the officers and be easy to track.

The idea has merit, though it no doubt rankles the police officers, said Frank Rotondo, executive director of the Georgia Chiefs of Police Association.

“It’s a benefit to have take-home cars. I’m sure the officers don’t like the policy,” Rotondo said.

The Atlanta Journal-Constitution. "Police to pay fee for off-duty use of cars" ajc.com [updated October 16, 2008; cited Oct 16, 2008]. Available from
http://www.ajc.com/metro/content/metro/northfulton/stories/2008/10/16/police_billed_for6.html

1/18 NYPD K9 SUV Police Working Lights and Siren

I really love the work that people put into building these model police cars. This SUV has the LED lightbar, arrowstick, dashlight, intersection lights, grill lights, head light flashers, tail light flashers and a warning stick in the rear (did I miss anything?). Keep 'em coming!

The Big Road?

To some of the officers who patrol the Long Island Expressway, it's known as The Big Road.

The name refers as much to the staggering traffic - more than 150,000 cars per day in some spots - as it does the sizable challenges of policing the highway's multiple lanes.

"You've got motorists that are broken down ... the HOV lane is a zoo, people zip in and out of there, the volume of traffic is an issue," said Donald Kane, a former Nassau police commissioner who led the county's highway patrol unit for several years in the 1980s. "In the years that I was up there we had a number of officers injured just doing their job."

The risks of patrolling one of the region's busiest corridors have become a topic of heated debate this month as black-and-white sheriff's deputy units replaced Suffolk County police cruisers all along the eastern half of the LIE and Sunrise Highway.

The question now is whether deputy sheriffs are up to the job.

Critics have said that the deputies lack the proper training to patrol such a busy highway, but supporters of County Executive Steve Levy's plan say the deputies are prepared for the task.

Deadlocked in a funding dispute with Albany, Levy pulled his police highway patrol units off the two state-owned roads on Sept. 15, and Suffolk sheriff's deputies immediately filled the void. Levy and Suffolk Sheriff Vincent DeMarco insist the deputies, who earn $42,000 per year less than county police officers, have all the training they need to safely perform highway duties.



'It's a very complex job'

Some law enforcement observers say the big road is a bad spot for on-the-job training.

"It's a very complex job up there," said Robert Creighton, a sergeant on the LIE before serving as Suffolk police commissioner in 1992. "You don't just ride up and down the highway and you don't just take a radar gun and write summonses. That's the least important role of the police on the expressway."

Sheriff's deputies attend the same academy as Suffolk police, but until now, the deputies spent most of their time serving orders of protection, transporting prisoners and evicting people.

"They all have the basic training necessary to handle most situations but when you're talking about traffic control and multiple accidents, we don't handle that on a regular basis," said a retired 20-year Suffolk deputy who, because of the controversy, declined to give his name. "It's not your primary function or your primary mission."

The portion of his former Suffolk colleagues who regularly do traffic patrols is "10 percent at most," the deputy said.

Deputies will no doubt learn the ropes, he said, but at the moment, "I don't know if they have all the training they need and I don't know if they have all the equipment they need. I doubt it very seriously."

Most Suffolk police officers spend several years in a precinct before being picked for highway duty, Creighton and others said, and even then there's more to learn.

"After three years there and after 30 years in the department, I was still learning things myself," said Kurt Paschke, 57, of Holbrook, a veteran Suffolk County highway patrol officer who retired in July. "There's a big difference between doing a traffic stop on a residential street compared to doing it on a roadway where the average speed is 70 to 75 miles an hour. It was tougher than I expected. It was a lot more involved than I expected."



A wide range of skills

Among other skills, officers must know how to shut down the expressway quickly, handle multi-vehicle accidents, treat crash victims as first responders, clear the lanes for helicopter landings and - in the event of really nasty pileups - herd traffic backward onto service roads. John Gallagher, who served as Suffolk police commissioner from 1997 to 2004, called that last task "an art in itself ."

But Levy argues that his opponents are overstating the difficulty of highway patrols for political gain.

"You have elements that are trying to scare the bejesus out of people because they don't want anyone stepping on their turf," Levy said. "I don't think the average person believes that it takes some kind of superhuman to pull someone over for speeding or for driving erratically."

The sheriff says his deputies are no stranger to traffic patrols. So far this year they have written 5,000 summonses, arrested 41 suspected drunken drivers and handled about 92 accidents.

"That's not an incredible number," DeMarco said of the accidents, "but they do handle them."

Each shift the sheriff's office deploys the same number of cars as the Suffolk police did - four on the expressway and two on the Sunrise Highway.

During rush hour, two Suffolk police cruisers paid for by New York State will continue patrolling the expressway HOV lanes.

The Sheriff's Office was adding equipment to deputy cars, including five radar guns it has on hand to catch speeders. Like the police, sheriff's highway units carry bottled oxygen, said Michael Sharkey, the sheriff's chief of staff. Unlike the police cruisers, deputy cars aren't yet equipped with defibrillators, he added, "but they will be shortly."

Sharkey dismissed critics who say the deputy cars' black paint jobs and lack of flip-up light bars make them less visible at night than Suffolk's white highway cruisers, which do have such lights. "The State Police don't have them and their vehicles are dark blue," he said.

Veterans of similar highway patrol takeovers elsewhere say the most crucial concern is making sure the transition is handled properly. In 1995, former California Highway Patrol commissioner Dwight Helmick oversaw his 9,000-member force's absorption of 500 state police with little highway experience. There were naysayers, he acknowledged, but he said keeping the organizations "talking closely during the transition" was key.

"Hopefully they focus on what's important," he said. "I hate to see traffic safety become a pawn in a political game."

Newsday. "The Big Road" newsday.com [updated Sept 29, 2008; cited Oct 12, 2008]. Available from
http://www.newsday.com/news/local/transportation/ny-opxxx5863406sep29,0,5859401.story

Lehigh Acres man arrested for Impersonating Law Enforcement Officer (Using Fake Police Lights)

LEHIGH ACRES, Fla. - $8 strobe lights from a Halloween display at Wal-Mart lands one Lehigh 18-year-old in trouble with the law.

The Lee County Sheriff's Office says that man, Alberto Alvarez, put the lights on the dashboard of a White Dodge Charger in an attempt to pull people over in the area of State Road 82 in Lehigh.

A friend of Alvarez, who claims to have been in the car with him, tells WINK News the lights were purchased as a joke. He also told us, they didn't think using the red and blue covered strobe lights was against the law.

One driver they allegedly used the lights on didn't think it was funny.

"We passed a White Dodge Charger that had its headlights off, as soon as we passed it, it flipped the head lights on and immediately pulled out and sped up to us just like we were getting pulled over," said the driver who asked we not identify him.

He says the Charger looked like an undercover car often used by traffic deputies, so he pulled over.

"As soon as we pulled off the road, they turned off the lights and they just drove right passed us and turned off the road on some side street driving completely erratically," explained the driver, "I was a 100 percent positive it wasn't a police officer."

His passenger called the Sheriff's Office to report the car.

"To us, it wasn't a joke, they could have pulled us off the road and who knows," said the driver, "You want to feel safe when you're getting pulled over, plain clothes officers...it's hard enough to tell. There's a reason it's illegal."

When we told him where the one of the men in the Charger claimed to buy the lights, he said, "It's ridiculous, it's way too easy to get a hold of them."

Not only was it not funny, but against the law.

Deputies tracked down the Charger and Alvarez and arrested him on charges of impersonating a law enforcement officer and the unlawful use of blue lights.

According to jail records, he bonded out of jail Monday morning.

This is the first time he's been arrested in Lee County.

WINK News tried to contact Alvarez for his side of the story, but no one answered the door at his home and our phone calls were not returned.

WINK News. "Lehigh Acres man arrested for Impersonating Law Enforcement Officer" winknews.com [updated Oct 6, 2008; cited Oct 6, 2008]. Available from
http://www.winknews.com/news/local/30517559.html

Man Takes Police Car for a Drive

BELLEFONTE — A man who allegedly took a joyride in a State College police cruiser with a dog inside waived his preliminary hearing Wednesday on charges related to theft and driving with a suspended license.

Mark Anthony Librizzi told police that the night of Aug. 10 he was drinking at Cafe 210 West, a bar at 210 W. College Ave., and remembers approaching the police cruiser, which had its lights on.

“Librizzi said he messed with the police car,” a criminal complaint states. “He had no memory of how he got home, which is approximately one block from where the police car was located” near the intersection of Corl Street and West Beaver Avenue, court documents state.

The officer who had been driving the cruiser was responding to an incident near that bar, police wrote. She parked the car behind a bus with its lights on, then later saw it pass by the bus, police wrote.

When police found the cruiser, the lights were still on and the dog was still in the back.

A woman who told police she was at Librizzi’s apartment when he got home that night said Librizzi told her he had stolen a police cruiser and then he took her outside and pointed to it, police wrote.
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Librizzi told the woman he had heard loud breathing in his ear while driving the car, and turned to find the dog in the back, the complaint states.

Librizzi also told the woman he wiped his fingerprints before leaving the car, according to the complaint.

Police say Librizzi admitted on three different occasions to taking the car. State College police arrested him last week.

At the time, Librizzi had a suspended license for a prior DUI-related offense, police said.

Sara Ganim. "Officers: Man took police car for a ride" Centre Daily Times [updated Oct 2, 2008; cited Oct 2, 2008]. Available from
http://www.centredaily.com/news/local/story/878119.html