SECTION 3.21. Requirement To Take Action  


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  • (a) General. Department of public safety traffic law enforcement officers, so far as practicable under the circumstances, will stop every violator of the traffic laws observed by them and take appropriate enforcement action against them.

    (b) Types of enforcement action.

    (1) The department recognizes the following three types of proper enforcement action against traffic law violators:

    (A) warning;

    (B) citation;

    (C) custody arrest.

    (2) The type of enforcement action shall be based only on:

    (A) the seriousness of the offense;

    (B) the degree of the violation; and

    (C) the conditions and circumstances surrounding the offense that might aggravate its potential effect.

Source Note: The provisions of this §3.21 adopted to be effective January 1, 1976