Policy Text
Policy
505Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/08/15, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentTraffic Citations - 1Traffic Citations
505.1 PURPOSE AND SCOPE
This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction,
and voiding of traffic citations. This policy will also establish guidelines that will be used when
processing citations involving governmental vehicles or employees who are photographed by the
Automated Photo Enforcement System.
505.2 RESPONSIBILITIES
The Special Services Lieutenant 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.
505.3 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 Community Policing Bureau 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 Community Policing Bureau Commander for review.
The voiding of any misdemeanor, traffic, or parking citations are covered by California Penal Code
Section 853.6 and by California Vehicle Code Sections 22348, 40202, 40500, and 40506. These
sections generally provide a uniform system for the dismissal of citations once issued to a violator.
505.4 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.
West Orange County judicial district magistrates have established a procedure for filing all notices
and citations with the designated clerk of the court rather than directly with the judges. All notices
Garden Grove Police Department
Policy Manual
Traffic Citations
Copyright Lexipol, LLC 2022/08/15, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentTraffic Citations - 2to appear or traffic and parking citations are sent to either the traffic or public offenses sections
of the clerk's office for processing.
In cases of citations or notices to appear that have been "issued," and the dismissal of that charge
is requested by the agency, the officer-involved shall submit a detailed memo outlining all the
facts surrounding the issuance of the citation or notice to the Chief of Police. The memo shall also
include the reasons for seeking dismissal of the charges.
The Chief of Police or his designee will then make a decision on whether or not the charges should
be dismissed. If the request is approved by the Chief of Police, all paperwork will be forwarded
to the Records Manager. The Records Manager will be responsible for sending the actual letter
requesting the dismissal of the charges. A reason for the dismissal shall be included in the letter
to the clerk of the court.
Once this written request for dismissal is filed with the clerk of the court, the charges MAY be
dismissed in the interests of justice based upon the recommendation of dismissal from the issuing
agency.
STATE LAW EMPHASIZES THAT A PERSONAL RELATIONSHIP WITH THE OFFICER,
PUBLIC OFFICIAL, OR LAW ENFORCEMENT AGENCY IS NOT A GROUND FOR DISMISSAL.
Misdemeanor, Traffic, and Parking Citations - Not Issued Citations or notices to appear for
misdemeanor, traffic, and parking citations, which have not been "issued", will be handled as
follows:
The officer will submit a detailed memo to the Division Lieutenant via his chain of command stating
the reasons for requesting the voiding of the citation or notice to appear. All copies of the citation
or notice shall accompany the memorandum. If all copies are not attached, an explanation shall
be included in the memo. Only citations and notices to appear which have not been "issued" can
be voided by the agency.
The Division Lieutenant or his designee will have final approval on the request to void a citation
that has not been "issued." If approval is granted, all paperwork shall be forwarded to the Records
Manager for processing and filing
Officers are required to exercise due care to minimize the need to void department citations.
505.5 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.
505.5.1 MISDEMEANOR, TRAFFIC, AND