Seattle Police Manual

16.230 – Issuing Tickets and Traffic Contact Reports

 

Effective Date: 01/16/2013

 

16.230-POL

 

This policy applies when officers address traffic or non-traffic infractions and/or criminal traffic offenses.

 

1. Defining the Types of Tickets:

 

Criminal Citation - Used to enforce criminal traffic offenses as defined in Seattle Municipal Code (SMC) Title 11; Revised Code of Washington (RCW) Title 46 traffic crimes; and SMC Title 16 Harbor Codes.

• Allows officers to release a violator pending filing of criminal charges

• Issued if the offense occurs in the officer’s presence or if the officer has probable cause to believe that the violator committed a crime listed as an exception under RCW 10.31.100

 

Notice of Infraction (NOI) - Used to enforce non-criminal offenses designated as civil infractions. These include, but are not limited to, traffic and non-traffic violations as defined in the Seattle Municipal Code (SMC) and the Revised Code of Washington (RCW).

• Issued if the offense occurs in the officer’s presence or issued as an exception under SMC 11.31.020 or RCW 46.63.030

Parking Infraction - Used to enforce SMC parking violations.

• Only issued if the offense occurs in the officer’s presence

Traffic Contact Report (TCR) - Used to provide a written warning for traffic infractions.

• Not used when an infraction must be written, e.g. traffic collision.

 

• Not used for Terry stops on a vehicle

 

• Not used for traffic stops conducted by an officer working off-duty for a non-SPD employer

2. Officers Will Identify Themselves During all Detentions

This will occur as early in the contact as safety permits and will include the following:

• The employee’s name

 

• The employee’s rank or title

 

• The fact that the employee is affiliated with the Seattle Police Department

 

• The reason for the contact or stop, if feasible

 

3. Officers Must Document Traffic Stops

Document traffic stops by using:

• A NOI for civil infractions

• A Criminal Citation for criminal traffic offenses

• A TCR for traffic infraction warning(s)

 

4. Officers Must Complete And Submit Tickets and TCRs by the End of Their Shift

See 16.230-TSK-1 Issuing Completed Tickets

 

5. Officers Must Cite Traffic and Non-Traffic Offenses on Separate Tickets

 

6. A General Offense Number is Required on Tickets in Certain Circumstances

Criminal Citations must have a General Offense number when completed or issued to a juvenile.

Criminal Citations and/or NOIs must have a General Offense number when completed or issued in association with:

• A General Offense Report, Collision Report or Vehicle Report

 

• A felony “investigation of” arrest.

         Exception: See #9 below.

• A criminal or traffic misdemeanor case

• Evidence submittal

7.      Sergeants Must Approve Criminal Citations and Tickets

 

8.      Officers Shall Not Serve Completed Tickets to Violators Booked into Jail

See 16.230-TSK-2 Completing Tickets for Violators Booked into Jail

9.      Officers Shall Not Complete Tickets in Certain Circumstances

 When associated with a felony investigation, use a General Offense Report to document the offense(s).

When the violator is less than 12 years old then use a General Offense Report to document the offense(s).

 

10.   Officers Need Not Serve a Ticket on the Violator in Certain Circumstances 

The delayed issuance of a ticket occurs when:

• A Criminal Citation is referred to the Law Department for review

• A NOI is sent to the court for mailing to the violator

See 16.230-TSK-3 Utilizing Delayed Issuance of Tickets

 

11.   Officers Shall Submit Tickets to the Evidence Unit That Are Evidence in a Crime

See 16.230-TSK-4 Submitting Tickets to the Evidence Unit

 

12.   Officers May Detain a Violator for a Reasonable Period of Time

If the officer cannot determine the violator’s identity at the scene, they may take the violator to the SPD Ten Print Identification Unit.

See 16.230-PRO-1 Utilizing the SPD Ten Print Identification Unit

 

13.   Officer Shall Write “Juvenile” Before the Offense Title on Tickets in Certain Circumstances

• On Criminal Citations when issued to 12 to 17 year olds.

• On NOIs when issued to 12 to 15 year olds.

• Include parental information and disposition of the 12 to 17 year old in the ticket’s court copy narrative.

 

14.   Officers Issuing Traffic Violations to Bicyclists Must Cite under SMC 11.44.020 “Rights and Duties of Rider”

See 16.230-TSK-5 Issuing Tickets to Bicyclists

 

15.   Officers Shall Place Completed Parking Infractions on the Offending Vehicle

Write a narrative with the element(s) of the offense on the court’s copy.

• A diagram is optional

Write “Impound” on the front of the ticket if the violation involves impounding the vehicle.

 

 

 

16.230-PRO-1 Utilizing the SPD Ten Print Identification Unit to Identify a Violator

Officer

1. Contacts their sergeant to request the violator be fingerprinted.

Exception:  Juveniles shall only be fingerprinted for gross misdemeanor and felony offenses (Refer to Seattle Police Manual Section 6.290-Juvenile Investigations & Arrests).

Sergeant

2. Confirms the request meets the authority to detain and identify a person as outlined in SMC 11.59.090, SMC 12A.02.140 and/or RCW 7.80.060.

3. Authorizes the officer to transport the violator to the Ten Print Identification Unit.

Officer

4. Transports the violator to SPD Headquarters 5^th floor to the Ten Print Identification Unit.

If there are questions or concerns, contacts the Ten Print Identification Unit (available 24/7) at 206-684-5514 prior to transport.

5. Stands by with the violator while they are being fingerprinted.

6. Provides the ID technician with the General Offense
number.

7. Takes appropriate enforcement action once the violator is identified.

8. Completes a General Offense Report documenting the fingerprint procedure and its result (Refer to Seattle Police Manual Section 6.010 - Reporting Arrests & Detentions).

 

 

16.230–TSK-1 Issuing Completed Tickets

When an officer has contacted a violator for a violation, has identified them, and determined the appropriate offense(s), the officer:

 

1. Completes the ticket(s) or TCR.

2. Corrects any error(s) made on the ticket by crossing it out and initialing it. 

Exception: If the violator is under 12 years old, the officer writes a General Offense Report.

3. For Criminal Citations:

Marks the “Mandatory Court Appearance” box.

Does not enter an appearance date unless the offense is for misdemeanor DUI, in which case refer to Seattle Police Manual Section 15.280-DUI Investigations.

Marks the “Served on Violator” box.

Enters the date issued.

4. For NOIs:

Marks the “Served on Violator” Box.

Enters the date issued.

5. Serves the violator with the “Defendant Copy” of the ticket or TCR.

6. Includes on the first line of the ticket’s narrative if the stop or contact was recorded by the In-Car Video system.

7. Writes the element(s) of the offense(s) in the ticket’s narrative.

8. Enters the “Related #” on each companion ticket, if applicable.

9. Enters the General Offense number on each ticket, if applicable.

10. Retains the ticket’s Law Enforcement Agency (LEA) copy or TCR’s officer copy.

11. Paper-clips together all related tickets and reports, if applicable.

12. Submits all tickets to a sergeant for review.

 

16.230–TSK-2 Completing Tickets for Violators Booked into Jail.

When completing ticket(s) for violators who are booked into jail, the officer:

1. For Criminal Citations:

Writes “Book Direct” in the blank box next to the completed Criminal Citation’s bar code if the violator is booked into jail.

Exception: If the violator is booked for felony DUI or a potential felony traffic investigation, then the officer does not complete any tickets.

Marks the “Referred to Prosecutor” box.

Leaves the “Appearance Date” box blank.

Exception: If the offense is for misdemeanor DUI refers to Seattle Police Manual Section 15.280-DUI Investigations.

2. For NOIs:

Marks the “Referred to Prosecutor Infraction Companion to Crime” box.

Exception: If the violator is booked for felony DUI or a potential felony traffic investigation, then the officer does not complete any tickets.

3. Does not issue the violator their copy of the ticket(s).

Exception: If violator is being investigated and released for a misdemeanor DUI offense issues the violator their copy of the completed ticket(s) (Refer to Seattle Police Manual Section 15.280 - DUI Investigations).

4. Leaves the “Date Issued” box on the tickets blank.

Exception: If the violator is being investigated and released for misdemeanor DUI offense enters the date issued (Refer to Seattle Police Manual Section 15.280 - DUI Investigations).

5. Writes the General Offense number on each ticket.

6. Writes the “Related #” on each ticket, if applicable.

7. Completes the ticket’s narrative.

Includes on the first line of the narrative if the stop or contact was recorded by the In-Car Video system

8. Retains the LEA copy of the completed ticket(s).

9. Paper-clips together all related ticket(s) and reports.

10. Forwards the ticket(s) and related reports to their sergeant for review.

11. Routes the ticket(s) and related reports to the Data Center.

If it is a felony “investigation of” arrest routes the ticket(s) and related reports to the appropriate follow-up unit in the alert packet.

 

 

16.230–TSK-3 Utilizing Delayed Issuance of Tickets

When utilizing delayed issuance of tickets for violators, the officer:

 

1. Does not issue the violator their copy of the completed ticket.

2. For Criminal Citations:

Marks the “Referred to Prosecutor” box.

Does not enter the date when referred to the Prosecutor.

3. For NOIs:

Marks the “Sent to Court for Mailing” box.

Enters the date when referred to the court for mailing in the “Date Issued” box.

4. Enters related ticket numbers and the General Offense number on each ticket, if applicable.

5. Completes the ticket’s narrative including the elements of the offense(s).

Includes on the first line of the ticket’s narrative if the stop or contact was recorded by the In-Car Video system.

6. Retains the LEA copy of the completed tickets.

7. Paper-clips together all related tickets and related reports, if applicable.

8. If there is a Criminal Citation or NOI with a General Offense number and any related reports, submits the tickets and related reports to their sergeant for review.

9. Forwards together all tickets and any related reports to the Data Center.

 

 

16.230–TSK-4 Submitting Tickets to the Evidence Unit

When an issued ticket becomes evidence in a crime, the officer:

 

1. Photocopies the ticket.

 2. Completes an SPD Voided Ticket Report.

Marks the “Other” box in justification field.

Lists in the “Explanation” section that the ticket was placed into evidence.

 3. Retains the LEA copy of the ticket.

 4. Packages and submits to the Evidence Unit the original ticket.

 5. Includes the ticket’s number in the General Offense Report narrative.

 6. Forwards the SPD Voided Ticket Report, photocopy of the ticket, and related reports to their sergeant for review prior to submittal to Data.

 

 

16.230–TSK-5 Issuing Tickets to Bicyclists

When completing a NOI to a bicyclist for a traffic violation, the officer:

 

1. Writes “bicycle” in the “Vehicle/Motor Vehicle” field.

2. Cites “SMC 11.44.020 Rights and Duties of Rider” in the “Violation/Statute” field.

3. Writes the underlying traffic violation on the front of the NOI below the cited violation listed in #2.

4. Enters the current penalty amount.

This penalty amount also applies if the bicyclist is determined to be at fault in a collision. 

5. Issues the NOI to the bicyclist.