Policy Text
Policy
516Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentTraffic Citations - 1Traffic Citations
516.1 PURPOSE AND SCOPE
This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction,
and voiding of traffic citations.
516.2 RESPONSIBILITIES
The Records Supervisor shall be responsible for the development and design of all Department
traffic citations in compliance with state law and the Judicial Council.
The Records Unit shall be responsible for the supply and accounting of all traffic citations issued
to employees of the Police Department.
516.3 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)). All requests from citizens to dismiss a citation shall be referred to the Traffic Court.
An officer may determine that a traffic citation should be dismissed during a court proceeding in
the interest of justice or where prosecution is deemed inappropriate. In such cases, the officer
may request that the court dismiss the citation. Upon dismissal of the traffic citation by the court,
the officer shall notify his/her immediate supervisor of the circumstances and shall complete the
Request for Dismissal (PD-89). The citation dismissal shall then be forwarded to the officers
supervisor for review.
516.4 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, along with
a completed Request for Dismissal (PD-89) to approve the voiding of the citation. The citation and
copies shall then be forwarded to the Court Liaison.
516.5 CORRECTION OF TRAFFIC CITATIONS
Upon the discovery that there is a mistake or omission on the face of the citation and the violator's
copy is unavailable, the citing officer may request that the citation be amended to correct such
error or omission.
Once a citation has been issued, no additions or amendments can be made to any portion of the
original citation. The following procedures apply to amend a citation.
The citing officer shall complete and submit a Citation Amendment (PD-7) to Records. The
amendment will contain the corrections for all errors or omissions.
The citing officer will mail the yellow copy to the violator (or vehicle owner in the case of a parking
citation) and route the remaining copies of the amendment to the Records Unit.
Mountain View Police Department
Mountain View PD Policy Manual
Traffic Citations
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentTraffic Citations - 2The Records Unit will route the remaining copies of the PD-7 form according to instructions on
the form as follows:
•The white (original) copy shall be sent to the Court;
•The yellow copy is mailed to the violator by the citing officer;
•The pink copy will be retained in Records and filed with the citation.
516.6 DISPOSITION OF TRAFFIC CITATIONS
The citation copies shall be filed with the Records Unit for distribution and filing. Upon separation
from employment with the police department, all employees issued traffic citations books shall
return any unused citations to the Records Unit.
516.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE
Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215.
516.7.1 APPEAL STAGES
Appeals may be pursued sequentially at three different levels:
(a)Administrative reviews are conducted through the contract agency for processing
parking violations. The appellant will respond, in writing, outlining why the citation
should be dismissed. The processing agency will forward the request to the issuing
officer. The issuing officer will determine whether or not the citation will be dismissed
(b)Should the appellant wish to pursue the matter further, an appointment may be
scheduled with an independent referee for a hearing. The independent referee will
review the administrative file and determine if the citation will be dismissed. This
hearing may be conducted in person or through written application.
(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.
516.7.2 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)).
Mountain View Police Department
Mountain View PD Policy Manual
Traffic Citations
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentTraffic Citations - 3(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,