Policy Text
Policy
508Fremont Police Department
Traffic Citations
508.1 PURPOSE AND SCOPE
This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction,
and voiding of traffic citations.
508.2 RESPONSIBILITIES
The Traffic Lieutenant shall be responsible for the development and design of all Department
traffic citations in compliance with state law and the Judicial Council.
The Equipment Room will be responsible for the secure storage of traffic citations and distribution
to department personnel.
The Records Unit shall be responsible for the accounting of all traffic citations issued to employees
of this department.
Department personnel are accountable for all the traffic citations issued to them.
508.3 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 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 should
complete any paperwork as directed or required.
Whenever an Officer or Community Service Officer determines that a citation has been issued in
error or it has been determined by a supervisor after review of the circumstances that a citation is
not in order, the Officer or Community Service Officer shall complete the Dismissal Declaration,
FPD form.. The Officer or Community Service Officer shall include with the Dismissal Declaration
the original citation and all copies they have in their possession at that time.
508.4 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 voided citations shall be placed in the citation outbox
to be collected and processed by the Records Unit.
508.5 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 the citation correction form.. The citation and citation correction form shall
then be provided to and processed by the Records Unit..
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508.6 DISPOSITION OF TRAFFIC CITATIONS
The court and file copies of all traffic citations issued by members of this department shall be
forwarded to.and then be filed with the Records Unit.
Upon separation from employment with this department, all employees issued traffic citation books
shall return any unused citations to the Personnel Unit who will then provide those books to the
Records Unit.
508.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE
Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215.
508.7.1 APPEAL STAGES
Appeals may be pursued sequentially at three different levels (Vehicle Code § 40215; Vehicle
Code § 40230):
(a)Administrative reviews are conducted by the Traffic Bureau who will review written/
documentary data. Requests for administrative reviews are available at the front desk
or Traffic Bureau of the Fremont Police Department. These requests are informal
written statements outlining why the notice of parking violation should be dismissed.
Copies of documentation relating to the notice of parking violation and the request for
dismissal must be mailed to the current mailing address of the processing agency.
(b)If the appellant wishes to pursue the matter beyond administrative review, an
administrative hearing may be conducted in person or by written application, at the
election of the appellant. Independent referees review the existent administrative file,
amendments, and/or testimonial material provided by the appellant and may conduct
further investigation or follow-up on their own.
(c)If the appellant wishes to pursue the matter beyond an administrative hearing, a
Superior Court review may be presented in person by the appellant after an application
for review and designated filing fees have been paid to the Superior Court of California.
508.7.2 TIME REQUIREMENTS
Administrative review or appearance before a hearing examiner will not be provided if the
mandated time limits are not adhered to by the violator.
(a)Requests for an administrative review must be postmarked within 21 calendar days of
issuance of the notice of parking violation, or within 14 calendar days of the mailing of
the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)).
(b)Requests for administrative hearings must be made no later than 21 calendar days
following the notification mailing of the results of the administrative review (Vehicle
Code § 40215(b)).
(c)An administrative hearing shall be held within 90 calendar days following the receipt of
a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code
§ 40200 - 40225. The person requesting the hearing may request one continuance,
not to exceed 21 calendar days (Vehicle Code § 40215).
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(d)Registered owners of vehicles may transfer responsibility for the violation via timely
affidavit of non-liability when the vehicle has been transferred, rented or under certain
other circumstances (Vehicle Code § 40209; Vehicle Code § 40210).
508.7.3 COSTS
(a)There is no