Police Department Policy

Policy 506 Traffic Citations (2).pdf

Delano PD

Policy Text
Policy Delano Police Department 506 Delano PD Policy Manual Traffic Citations 506.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 506.2 RESPONSIBILITIES The Patrol Commander shall be responsible for the development and design of all Department traffic citations in compliance with state law and the Judicial Council. The Records Division shall be responsible for the supply and accounting of all traffic citations issued to employees of this department. 506.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this department do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code § 40500(d)). Any request from a recipient to dismiss a citation shall be referred to the Traffic Bureau Manager. Upon a review of the circumstances involving the issuance of the traffic citation, the Traffic Bureau Manager may request the Patrol Division Commander to recommend dismissal of the traffic citation. If approved, the citation will be forwarded to the appropriate court with a request for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic citation has been denied shall be referred to the appropriate court. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the officer may request the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as directed or required. The citation dismissal shall then be forwarded to the Patrol Division Commander for review. 506.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. The citation and copies shall then be forwarded to the Traffic Bureau. 506.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a letter requesting a specific correction to his/her immediate supervisor. The citation and letter shall then be forwarded to the Traffic Bureau. The Traffic Bureau shall prepare a letter of correction to the court having jurisdiction and to the recipient of the citation. Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Traffic Citations - 1 Published with permission by Delano Police Department

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