Police Department Policy

OAKLAND_TB_III_E.08_Violations_of_Vehicle_Code_S_857

Oakland PD

Policy Text
TRAINING BULLETIN Evaluation Coordinator: Traffic Section Commander Automatic Revision Cycle: 3 Years “Department Training Bulletins shall be used to advise members of current police techniques and Index Number: III-E.8 Alpha Index: Violations of 12500 & 14601 V.C. Effective Date: 1 Mar 12 procedures and shall constitute official policy.” VIOLATIONS OF VEHICLE CODE SECTIONS 12500 AND 1 4601 The purpose of this Training Bulletin is to set forth Department policy and procedure for citing e proper e. river’s license e offender license statu termined o 14601 VC or 12500(a) n shall n infractio ing/arrestin emeanor is the more ate course he followi C sections 14601.1(a); 14601(a); 14601.2(a); 14601.2(b); 5(b) Driver’s License Status enforcement stop is initiated, the officer must conduct a DMV query via laptop ommunications Section Service Channel to determine the status of the license and is classified as one of the following: 2. None Issued/Expired; evoked; ite the offender for 12500(a), Driver, Unlicensed . Circle the “I” (Infraction) or “M” (Misdemeanor) on the citation, as ap propriate. (APPENDIX - Exemplar 1) • Suspended/Revoked/Restricted or Service Needed Review the reason for the suspension and wh ether the notice of susp ension was properly served. (APPENDIX - Exemplar 2-4) persons driving with a suspended driver’s license or no driver’s license, and details th procedures for determining the status of a driver’s licens Effective immediately, the citing o fficer shall determine the status of an offender’s d at the time of the traffic stop and, if appropriate, cite the offender. When th ’s driver’s s can be de r verified, a VC violatio appropri be cited as a of action. Tn unless cit ng 14601 Vg as a misd apply: 14601.3(a); 14601.4(a); 14601.5(a); 14601. When a traffic computer or t hrough the C license. rt The DMV Repo reflects the status of a driver’s 1. Valid; 3. Suspended/ R 4. Suspended/Revoked: Service Needed; or 5. Restricted. In the event the driver’s license status is: • None Issued or Expired C 2 Violations of 12500 & 14601 V.C., Index Number III-E.8 Locate the most recent reason for suspension (below the licens the suspension (date mailed/served), and the authority for the suspension. NOTE: In the event there are multiple suspensione status), the effective date of s, make sure to record the information for (Infraction) or (Misdemeanor) on the citation (See chart below to determine the appropriate 14601 ion cannot be issued for a 14601 VC violation that has not been properly states VERBAL te the driver’s license (if in possession). . (APPENDIX – The Traffic ailable. states Complete, ce Officer form. de the driver with the Pink copy. Attach the port Receptacle. The reason for the e ction to the chart is also lo cated on pg. 10 of the Court Card TF-1024) Locate the suspension AUTHORITY on the DMV Re port. Find the AUTHORITY code in the left column. Issue the citation for the appropriate 14601 VC violation indicated in the middle column. IMPORTANT NOTE : If the AUTHORITY code is not listed on the DMV Report, cite the offender for 14601.1(a) VC. the most recent suspension. (APPENDIX - Exemplar 4) Cite the offender for the approp riate 14601 VC (w/ subsection). Circle the “I” “M” subsection). A citat served. DMV Report Service Codes Locate the SERVICE code on the DMV Report (See DMV Service Codes). If the DMV Report indicates a Service Code “I” - INCOMPLETE SERVICE OR OR PERSONAL SERVICE NEEDED, confisca Complete, issue, and submit a Verbal Notice by Peace Officer (DL 310) form Exemplar 5) NOTE: Form DL 310 is updated ap proximately every three (3) years. Division will ensure that the current version is av In the event there is a SERVICE CODE indica ting service but the DMV Report also VERBAL OR PERSONAL SERVICE NEEDED, consider the service as defective. issue, and submit a Verbal No tice by Pea Remember to have the driver sign the form and provi White copy to the confiscated driver’s license an d deposit into the Traffic Re Canary copy is retained for the officer’s records. Determining the Appropriate 14 601 Vehicle Code Violation Once the citing officer has determined the suspension is active/current, the suspension, and the suspension notice has been properly served, the citing officer shall cite th violator for the appropriate 14601 Vehicle Code section and NOT for 12500 VC. Use the DMV Report and the chart below to determine the appropriate 14601 VC Subse use. (NOTE: a copy of 3 1 Mar 12 ● Oakland Police Department AUTHORITY (on DMV Report)

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