Police Department Policy

TUSPD_GO_0516_-_Traffic_Citations_74685

Tustin PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 08/02/24 TUSTIN POLICE DEPA RTMENT GENERAL ORDERS _______________ 516 - Traffic Citations 1 POLICY 516 TRAFFIC CITATIONS 516.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic and parking citations, the procedure for dismissal, correction, and voiding of traffic and parking citations . 516.1.1 ACCREDITATION STANDARDS This section pertains to the following CALEA Standards: 44.2.1, 61.1.13, 82.3.3, 82.3.4 This section pertains to the following Standard Operating Procedures: N/A 516.2 RESPONSIBILITIES The Traffic S upervisor shall be responsible for the development and d esign of all Department traffic and parking citations in compliance with state law and the Judicial Council. The Records Unit shall be responsible for the supply and accounting of all traffic and parking citations issued to employees of this Department. (See General Order §806 – Records Unit) 516.3 DISMISSAL OF TRAFFIC AND PARKING CITATIONS Employees of this Department do not have the authority to dismiss a traffic or parking citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued ( Vehicle Code §40500(d) and Vehicle Code §40202(c) ). All requests from citizens to dismiss a citation shall be referred to the Traffic S upervisor . Upon a review of the circumstances involving the issuance of the traffic or parking citation, the Traffic S upervisor may request the Community Policing Bureau Commander recommend dismissal of the citation. If approved, the citation being recommended for dismissal will be forwarded to the appropriate court with a request for dismi ssal. All recipients of a citation, whose request for dismissal of the citation has been denied , shall be referred to the appropriate court. An officer may determine that a traffic or parking citation should be dismissed prior to a court proceeding in th e interest of justice or where prosecution is deemed inappropriate. In such cases, the officer may request that the court dismiss the citation by completing the appropriate form and forwarding it through the Chain of Command. Upon dismissal of the traffic or parking citation by the court, the officer shall notify his/her immediate supervisor of the circumstances and shall complete the appropriate Tustin Police Department form. The citation dismissal shall then be forwarded to the Community Policing Bureau Commander for review. 516.4 VOIDING TRAFFIC OR PARKING CITATIONS Voiding a traffic or parking citation may occur when a citation has not been completed , or where it is completed but not issued , or where a completed citation has been lost . The issuing of ficer shall complete a TPD Citation Cancellation Form and shall attach a ll copies of the citation to the form CATEGORY DATE ADOPTED LAST REVIEW 3 01/24/2011 08/02/24 TUSTIN POLICE DEPA RTMENT GENERAL ORDERS _______________ 516 - Traffic Citations 2 which shall then be presented to a supervisor to approve the voiding of the citation (except in the case of a lost citation, only the cancellation form will be presented) . The Citation Cancellation Form and citation copies shall then be forwarded to the Traffic Unit. 516.4.1 LOST OR MISSING TRAFFIC OR PARKING CITATIONS When an employee discovers that a blank traffic or parking citation (s) is lost or otherwise missing, he/she must submit a memo through the C hain of Command stating the circumstances of the loss. The supervisor must ensure the citation number (s) for the missing citation(s) is entered on the Citation Issuance Log (which is maintained b y Records Unit staff to track the issuance of citation books) a nd forward the memo to the Records Supervisor . 516.5 CORRECTION OF TRAFFIC AND PARKING CITATIONS When a traffic or parking citation is issued and in need of correction, the issuing officer or citation review officer 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 Records Unit. The Records Unit shall prepare a letter of correction t o the court having jurisdiction and to the recipient of the citation. 516.6 DISPOSITION OF TRAFFIC AND PARKING CITATIONS The court copy and file copies of all traffic and parking citations issued by members of this Department shall be forwarded to the employee’s immediate supervisor for review. The citation copies shall then be filed with the Records Unit. Upon separation from employment with this Department, all employees issued traffic and parking citation books shall return any unused citations to t he 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) Initial reviews are conducted by the Traffic Unit who will review written/documentary data . Requests for initial reviews are available at the front desk or Traffic Unit of the Tustin Police Department. These requests are informal written statements outl ining 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

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