Florida Regulations 11C-4.009: Uniform Arrest Affidavits and Reports
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(1) A Uniform Probable Cause Affidavit, FDLE Form PCA 1 – March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to Florida Statutes § 316.193
(2) A Uniform Alcohol Influence Report, FDLE Form AIR 1 – March 2004, is hereby incorporated by reference and adopted for use by all law enforcement agencies in the State of Florida when making DUI arrests pursuant to section 316.193, F. S.
(3) This rule shall not preclude the use of other probable cause affidavits or alcohol influence reports, and law enforcement agencies are authorized to supplement the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report with additional affidavits and reports.
(4) Failure to use the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report shall not prohibit prosecution of a person arrested for a violation of Florida Statutes § 316.193, and shall have no effect on the legality or validity of such arrest.
(5) The above referenced forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302.
Rulemaking Authority 943.05(2)(d) FS. Law Implemented 316.193, 943.05(2) FS. History-New 7-27-04.
Terms Used In Florida Regulations 11C-4.009
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) This rule shall not preclude the use of other probable cause affidavits or alcohol influence reports, and law enforcement agencies are authorized to supplement the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report with additional affidavits and reports.
(4) Failure to use the Uniform Probable Cause Affidavit or the Uniform Alcohol Influence Report shall not prohibit prosecution of a person arrested for a violation of Florida Statutes § 316.193, and shall have no effect on the legality or validity of such arrest.
(5) The above referenced forms may be obtained by contacting the Florida Department of Law Enforcement, Alcohol Testing Program, P.O. Box 1489, Tallahassee, Florida 32302.
Rulemaking Authority 943.05(2)(d) FS. Law Implemented 316.193, 943.05(2) FS. History-New 7-27-04.