Los Angeles DUI Manual and Procedures for the LAPD

343.10 DRIVING-UNDER-THE- INFLUENCE ARRESTS. An arrest for driving
under the influence shall be made when:

  • An officer witnesses a person commit the elements of driving while
    under the influence; or,
  • The under-the-influence driver was lawfully detained by an officer
    of this or another law enforcement agency; or,
  • The under-the-influence driver was lawfully arrested or detained by
    a private person who witnessed the driving element of the offense.
  • An arrest may be made for 23152(a) VC per authority of 40300.5 VC
    when a traffic collision has occurred but the arresting officer did not
    witness driving, when:
  • The arresting officer has reasonable cause to believe that a person
    involved in the traffic collision was driving a vehicle while under the
    influence of intoxicating liquor, or the combined influence of
    intoxicating liquor and any drug; and,
  • The arrest is effected as a continuous uninterrupted portion of the
    investigation.

Note: The arrest shall be limited to the location of the traffic
collision or the location of any timely follow-up investigation.

The element of being under-the-influence shall be based on the
objective symptoms observed by the arresting officer. Results of other
examinations shall be corroborative evidence only.


343.20 SOBRIETY EXAMINATION. The physical phases of the sobriety
examination shall be given when an under-the-influence driver is able and
willing to perform them and, when practicable, shall be conducted at the
scene of the incident in the presence of witnesses.

A sobriety examination, as per Form 5.2.5, shall be completed when an
officer:

  • Arrests a person whom he/she witnesses commit the elements of
    driving while under the influence; or,
  • Arrests a driver suspected of being intoxicated who was lawfully
    arrested or detained by another peace officer or a private person
    (Manual Section 4/343.10); or,
  • Is investigating a suspect for driving-under-the-influence;
    or,
  • Is investigating a traffic collision and an involved driver
    displays any objective symptoms of being under-the-influence,
    regardless of whether the driver is arrested.
  • When a suspected under-the-influence driver refuses to submit to a
    field sobriety test, the investigating officer shall, read the Field
    Sobriety Test Admonition to the driver.

343.25 DRIVING-UNDER-THE-INFLUENCE (DUI) DRUG ARREST PROCEDURES. Arresting Officer’s Responsibility. When an arrest is made for driving
under-the-influence of drugs or combination of drugs and alcohol, the
arresting officer shall:

  • Admonish the arrestee regarding a chemical test as per the Chemical
    Test Admonition on the DUI
  • Arrest Report, Form 5.2.5.
  • Administer a chemical test to the arrestee.

Note: Whenever possible, a breath test should be administered to
determine alcohol intoxication.

If the breath test is obtained and the results are .08% or higher,
book the arrestee for Section 23152(a) (DUI) V.C. When the results are
below .08%, complete the following:

  • Read to the arrestee verbatim the Drug Admonition from the DUI
    Arrest Report.
  • Obtain a urine or blood sample from the arrestee.

Note: If urine is the only chemical examination administered, officers
shall obtain the first void for possible detection of drugs, and the
second void for the possible detection of alcohol. Both samples shall be
marked accordingly and booked as evidence.

If the breath test is obtained and the results are .30% or higher, the
arrestee shall be examined by medical personnel pursuant to Manual
Section 4/648.17.

Request a Drug Recognition Expert (DRE) or, if none available, a
Narcotics Expert.

If an on-duty DRE or Narcotics Expert is not available within the
concerned bureau, the arresting officer shall obtain an MT for the
arrestee and request the examining physician to include an opinion
regarding objective symptoms and possible drug ingestion.

Exception: If a traffic death or traffic felony arrest is involved and
a DRE or Narcotics Expert is not available within the concerned bureau,
the arresting officer shall contact Communications Division and request
an on-duty DRE or Narcotics Expert from anywhere in the City. If no
on-duty DRE or Narcotics Expert is available, the officer shall contact
the Administrative Unit, Detective Support Division, and request that an
off-duty DRE be dispatched.

When applicable, include the Drug Influence Evaluation Form (completed
by an expert) as a page of the arrest report. Drug Recognition Expert
(DRE)/Narcotics Expert’s Responsibility. A DRE or
Narcotics Expert is responsible for evaluating and rendering an opinion
of the drug influence of DUI Drug arrestees. As part of that examination,
the expert shall:

  • Advise the arresting officer of any additional tests required.
  • Determine if an MT is needed.
  • Complete the Drug Influence Evaluation Form.
  • Enter a brief description of the findings and the examining
    officer’s name and serial number in the Remarks Section of the Booking
    Approval, Form 12.31.

Note: If during a drug evaluation, the expert determines that he/she
is not qualified to render an opinion, the watch commander approving the
booking shall determine if another expert should be called.


343.28 ADMINISTRATIVE PER SE ORDER OF SUSPENSION. 343.30 ARRESTING
OFFICER’S RESPONSIBILITY.
An officer making an arrest for
driving-under-the-influence (DUI) shall complete a DUI arrest report in
the usual manner and confiscate the California driver’s license of the
arrestee when the arrestee:

  • Refuses to submit to and complete a chemical test; or Note: The
    Chemical Test Admonition portion must be read to the arrestee in its
    entirety, even when the arrestee refuses to submit to or complete a
    chemical test.
  • Takes a breath test which shows a blood alcohol concentration (BAC)
    level of .08 percent or more; or,
  • Takes a urine or blood test and the officer believes that
    subsequent test results will show that the driver is at or above a
    blood alcohol concentration of .08 percent. Note: Out-of-state/foreign
    licenses are not included under California law and cannot be
    confiscated.

Upon completion of the DUI arrest report and confiscation of the
arrestee’s California driver’s license, the arresting officer shall
complete:

  • A Department of Motor Vehicles (DMV) Officer’s Statement, Form
    DS367, and write the arrestee’s booking number in the upper right
    corner; and,
  • A DMV Administrative Per Se Order Of Suspension/Revocation
    Temporary License Endorsement, Form DS360.

Upon approval of the DUI arrest report and Administrative Per Se
documentation, officers shall:

  • Attach page two of the DMV Form DS360 to the DUI arrest
    report;
  • Issue page three of the DMV Form DS360 to the arrestee; and,
  • Mail the original Form DS367; page one of the Form DS360; the
    arrestee’s original California Driver License; and Intoxicator EC/IR
    Operator Checklist, Form 5.20.7, to the DMV location which corresponds
    with the geographic bureau of arrest. Note: The law requires that all
    reports and forms be received by DMV within five working days of the
    date of arrest.

Page two of the DMV Form DS360, issued to the arrestee, will serve as
a temporary driver’s license for 45 days from the date of arrest for an
arrestee with a valid California Driver License in his or her possession.
Once the arrestee’s driver’s license has been confiscated, the arrestee
will have 10 days to request a DMV hearing. Failure by the arrestee to
request a hearing will result in an automatic suspension of the
arrestee’s California Driver License.

Exception: The arresting officer shall check the "No Temporary License
Issued" box on the DMV Form DS360, and complete the explanation why no
temporary license was issued, if:

  • The arrestee has an out-of-state/foreign driver license; or,
  • The arrestee has not been issued a valid California Driver License;
    or,
  • The arrestee’s California Driver License is suspended, revoked, or
    not in possession.

Packaging Blood or Urine Samples. If an arrestee chooses a blood or
urine test, the arresting officer shall follow procedures described in
Manual Sections 4/343.40 or 4/343.42. Additionally, the arresting officer
shall complete the top half of the DMV Form, DS367A, and mail all three
copies of the form to Scientific Investigation Division.

Supervisor’s Responsibility. Supervisors approving DUI arrest reports
shall ensure that arresting officers have complied with Administrative
Per Se procedures (23158.5 VC), when applicable.


343.33 INDEPENDENT TEST BY QUALIFIED PERSON. When qualified persons
appear at the place of confinement by requests of the prisoner (Manual
Sections 4/658.12 and 4/658.17) or other person, for the purpose of
obtaining a breath, blood, or urine sample, they shall be permitted to do
so upon consent of the prisoner.

Only a duly licensed doctor, laboratory technologist, bio-analyst, or
registered nurse shall be permitted to withdraw a sample of the
arrestee’s blood. This limitation shall not apply to the taking of breath
or urine specimens;

The doctor must be a physician or surgeon (M.D. or osteopath) licensed
to practice in the State of California. If there is a question as to the
identification of the doctor, Detective Support Division shall be called
to see if the doctor is listed in the Directory of the State Board of
Osteopathic Examiners;

The laboratory technologists or bio-analysts must be licensed to
practice in the State of California. If there is a question as to their
identification, Detective Support Division shall be called to see if they
are listed in the Department of Public Health directory for licensed
laboratory technologists and bioanalysts; and, The registered nurse must
be licensed to practice in the State of California and must perform the
blood extraction under the supervision or at the immediate direction, of
a doctor.

A Follow Up Report, Form 3.14, shall be used, by the officer having
custody of the prisoner, to record:

  • The time the telephone call was made by or for the prisoner;
  • The time the person arrived at the place of confinement and
    requested to see the prisoner;
  • The person’s name, address, and telephone number, including
    business office address and telephone number;
  • The time the sample was taken;
  • The amount of blood taken as stated by the person;
  • The names and serial numbers of the officers witnessing the
    telephone call and the taking of the breath,
  • blood, or urine sample;
  • The name of the doctor employing or supervising the registered
    nurse; and,
  • Any other appropriate information.

343.36 CHEMICAL TEST ADMONITIONS. Prior to administering a chemical
test to a driving-under-the-influence arrestee, the Chemical Test
Admonition (23157 VC) section of the Driving-Under- The-Influence Arrest
Report, Form 5.2.5, shall be read to the arrestee. The name and serial
number of the admonishing officer shall be entered in the space provided
in this section.

Note: The Chemical Test Admonition (23157VC) (Spanish) contained in
the Los Angeles Police Department Citation Guide, Form 16.65.0, shall be
read to Spanish speaking driving-under-the-influence arrestees, by an
officer fluent in, and capable of, testifying in Spanish.

After a breath test, if the arrestee is suspected of driving under the
influence of alcohol, the Additional Chemical Test Admonition (23157.5
VC) section of the Driving-Under-The-Influence Arrest Report shall be
read to the arrestee. The name and serial number of the admonishing
officer shall be entered in the space provided in this section. If drug
use is suspected, the Drug Admonition of the Driving-Under-The-Influence
Arrest Report shall be read to the arrestee instead of the Additional
Chemical Test Admonition. The name and serial number of the admonishing
officer shall be entered in the space provided in this section.


343.38 BREATH TEST. Use of Equipment. Breath-testing equipment is
located at Metropolitan Jail Section (Parker Center), Valley Headquarters
Building, 77th Street Jail Section, and all geographic Areas except
Central, Newton Street, Hollenbeck, and Rampart Areas. Operation of the
breath-testing equipment shall be restricted to personnel who have been
trained in its use. Arresting officers not trained in the use of the
breath-testing equipment shall ensure that the examination is
administered by an officer trained in its use.

An Intoximeter EC/IR Operator Check List, Form 5.20.7, shall be
completed each time the Intoximeter EC/IR is set up for a test and for
each subject to whom a test is administered.

Note: Breath-testing equipment may be used as an investigative aid in
driving-under- the-influence arrests involving narcotics, non-narcotic
drugs, or dangerous drugs, or for other purposes at the discretion of the
concerned watch commander.

Watch commanders shall ensure that breath-testing equipment receives
timely calibration by qualified personnel.

Administering Test. Prior to administering the test, the testing
officer shall observe the subject for a 15-minute period, during which
the subject shall not have eaten, drunk, smoked, regurgitated, or
vomited.

Note: If the subject regurgitates, vomits, eats, drinks, or smokes
between samplings, the pre-testing observation shall be repeated.

At least two breath samples shall be collected. (No waiting period is
required between samples.) If the readings of the two samples vary more
than .02 percentage points, additional samples shall be collected until
the results of any two samples are within .02 percentage points. If five
samples have been collected and the test is not complete (two samples,
within .02 percentage points), the officer shall direct the subject to
submit to either a blood or urine test. Failure to complete a test shall
be deemed a "refusal."

Note: Arrestees who obtain a EC/IR reading of .30 percent or higher
shall be examined by medical personnel pursuant to Manual Section
4/648.17

Recording Results. The EC/IR test tape shall be separated from the
machine only when:

  • The test is completed (two samples, within .02 percentage points);
    or,
  • Five samples have been collected and the test is not
    completed.
  • The date/time stamp shall be applied on the front of the test tape
    with each sample, and the time of each sampling shall be recorded.
    Note: The date/time stamp and the required entries shall not cover any
    portion of the test results.
  • The EC/IR test tape shall be stapled to the EC/IR Check List on the
    space provided. The staple shall be positioned in a manner that will
    not interfere with reading the test results. When the test tape is
    longer than the Check List, the tape shall be folded in a manner that
    will not interfere with reading the test results.

The Intoximeter EC/IR Operator Check List shall be completed by the
administering officer and:

  • Attached to the Arrest Report; or,
  • Submitted with the officer’s DFAR and a DUI Arrest Report, Form
    5.2.5, when no arrest report is completed.

343.40 BLOOD TEST.

Criteria for Requesting. A blood sample may be requested in the
following situations:

  • The arrestee indicates a willingness to submit to a blood test
    incidental to the arrest; or,
  • The arrestee is in custody for a felony and the level of
    intoxication would be an essential element in the alleged violation;
    or,
  • The arrestee is unconscious or is so impaired and is unable to
    consent to a chemical test. When such a condition exists, the
    following steps shall be taken in order to determine if the arrestee
    is a hemophiliac or a heart patient possibly using anticoagulant
    medication:

    • Check for medical information on the arrestee’s person such as
      a "Medic Alert" bracelet or necklace, or any other item indicative
      of the arrestee’s medical background;
    • If a relative or a friend of the arrestee is present who can
      provide information about the arrestee’s medical condition, record
      the name, the relationship to the arrestee, and the statements of
      that person in the arrest report; and,
    • Inform the attending physician of all information in the
      officer’s possession which may have a bearing on the arrestee’s
      physical condition.

Requesting Forced Blood Sample Withdrawal. A forced blood sample may
be obtained from an arrestee only when all of the following conditions
have been met:

  • The arrestee is in custody for a felony traffic offense where the
    injury occurred to a person other than the arrestee; and,
  • Intoxication is an essential element of the alleged violation;
    and,
  • The arrestee refuses to voluntarily submit to any of the available
    chemical tests; and,
  • Prior approval from a traffic supervisor has been obtained;
    and,
  • A traffic or patrol supervisor is present at the medical facility
    (e.g., jail dispensary, contract hospital, etc.) to witness the
    withdrawal of blood from the suspect.

Note: The name and serial number of the approving supervisor and the
supervisor present during the forced blood withdrawal, if different from
the approving supervisor, shall be written in the arrest report.

Exception: An arrestee whose medical condition prohibits a blood
sample from being taken shall not be forced to submit to a blood
test.

Traffic Division Supervisor’s Responsibility. Upon
being advised of a request for a forced blood withdrawal, the concerned
traffic division supervisor shall determine if the criteria for forced
blood withdrawal is met. The approving supervisor, if readily available,
should be the supervisor present during the procedure.

The supervisor who is present at the scene of a forced blood
withdrawal where the use of force becomes necessary shall ensure that the
use-of-force investigation is conducted by a non-involved supervisor.

Requesting Withdrawal. Whenever a blood sample is to be obtained from
an arrestee, the arresting officer shall direct a Request for Withdrawal
of Blood, Form 4.35, to any of the following hospital personnel:

  • Physician.
  • Registered nurse.
  • Licensed clinical laboratory technologist.
  • Licensed clinical bio-analyst.
  • Physician or Hospital Employee Refusal. When a physician or hospital
    employee authorized by Vehicle Code Section 23158 VC refuses to
    withdraw a blood sample, the officers having custody of the arrestee
    shall request a supervisor to respond to their location. Upon
    arrival, the responding supervisor shall:

    • Become familiarized with the situation including a
      determination that the arrest and officer’s actions conformed with
      Department policy;
    • Verify the refusal by the hospital employee to withdraw blood;
      and,
    • Attempt to contact an administrator of the hospital who may
      advise the refusing employee as to responsibilities according to
      the contract provisions of the hospital, to the City.

When the employee still refuses to withdraw a blood sample, the
supervisor shall then request the arrestee to submit to one of the other
two remaining chemical tests. When the arrestee refuses the other tests,
the supervisor shall advise the officers to complete the appropriate
arrest report, including a notation regarding the absence of a chemical
test.

Note: If a hospital employee refuses to withdraw a blood sample and
the arrestee declines the remaining tests, the arrestee may be
transported to a Jail Division Dispensary to obtain the blood sample.
After the arrestee is booked and all appropriate reports are completed,
the concerned supervisor and officers shall each complete an Employee’s
Report, Form 15.7, recording all pertinent information regarding the
refusal to withdraw blood. The completed Employee’s Reports shall be
forwarded through channels to Detective Support Division-Attention
Medical Evaluation Unit.

Obtaining and Packaging. The withdrawal of all blood samples shall be
witnessed by the requesting officer. Officers obtaining blood samples for
alcohol or drug analysis shall, in addition to following the procedures
outlined on the Analyzed Evidence To Be Refrigerated Envelope, Form
12.51.1, place the defendant’s booking number above the officer’s serial
number when completing the Sealed Evidence Label. If there is no
arrestee, the DR number shall be placed in the space above the booking
officer’s serial number. When there is more than one suspect and a DR
number is used, both the DR number and the last name of the suspect shall
be used.

Officers obtaining whole blood samples from hospital employees for
other than alcohol or drug analysis shall:

  • Tilt the vial slowly and gently for approximately twenty seconds to
    ensure the preservative in the vial mixes with the blood;
  • Complete the label on the vial with the suspect’s name, the DR
    number, and the booking officer’s initials;
  • Check the "Blood Grouping" box on the Analyzed Evidence To Be
    Refrigerated Envelope, and complete all other applicable reports;
  • Place the vial in the Analyzed Evidence Envelope and seal the
    envelope with a Sealed Evidence Label bearing the date and DR number
    and the officer’s payroll signature and serial number signed in ink;
    and,
  • Affix the Biohazard Label to the upper left corner of the front of
    the Analyzed Evidence To Be Refrigerated Envelope.

Supervisor Approving. The supervisor approving the booking of the
sample shall inspect the sample vial or container label to ensure that
the required identifying information is included.

Booking. Whole blood samples shall be booked in the SID courier
refrigerated temporary storage locker most convenient for the booking
employee. The SID courier shall be responsible for transporting items to
be analyzed to SID.


343.42 URINE TEST. Location Obtained. A urine sample shall be obtained
from a male arrestee at the booking location, and from a female at:

  • Female Jail Unit, Valley Section, when arrested in West Los
    Angeles, Pacific, or the Valley Areas; and,
  • The Area of arrest, when arrested in the metropolitan area.
  • Administering Test. An officer or station officer of the same sex
    as the arrestee shall:
  • Escort the arrestee to an appropriate restroom facility;
  • Instruct the arrestee that he/she must empty his/her bladder;
  • Remain present while the arrestee empties his/her bladder;
  • Wait twenty minutes, or as soon as possible thereafter, before
    attempting to collect a urine sample;
  • Provide the arrestee with a pretreated urine sample container;
  • Ensure that the container is not rinsed prior to sample
    collection;
  • Remain present while the arrestee provides a urine sample;
    and,
  • Ensure that the label identifying the chemist responsible for
    preparation of the container is not removed.

Note: A protective glove shall be worn when handling a urine
sample.

The Driving-Under-the-Influence Arrest Report (Continuation), Form
5.2.5, shall indicate:

  • The time the bladder of the arrestee was first emptied,
  • The time the urine sample was collected, and,
  • The name of the employee who administered the urine test.

Note: When an arresting officer becomes aware that an arrestee has
emptied his/her bladder after coming into the custody of the officer, the
twenty-minute waiting period shall begin at the time the bladder was
first emptied. The time and circumstances of the emptying shall be
recorded on the Driving-Under-the-Influence Arrest Report (Continuation),
Form 5.2.5.

Booking Sample. The officer booking a urine sample shall:

  • Ensure that the lid is placed tightly on the container;
  • Place a completed Sealed-Evidence Label on the side of the
    container, and place the defendant’s booking number above the officer’s
    serial number when completing the Sealed-Evidence Label. If there is no
    arrestee, the DR number shall be placed in the space above the booking
    officer’s serial number.When there is more than one suspect and a DR
    number is used, both the DR number and the last name of the suspect
    shall be used;
  • Complete the Analyzed Evidence To Be Refrigerated Envelope, Form
    12.51.1, and check the appropriate box, "Alcohol Analysis" or "Drug
    Analysis;"
  • Place the container in the Analyzed Evidence Envelope;
  • Seal the flap of the envelope with a completed Sealed Evidence
    Label; and,
  • Affix the Biohazard Label to the upper left corner of the front of
    the Analyzed Evidence Envelope.

Alcohol and/or opiate urine samples shall be booked in the SID courier
refrigerated temporary storage locker most convenient for the booking
employee. The SID courier shall be responsible for transporting items to
be analyzed to SID.

Supervisor Approving. The supervisor approving the booking of the
sample shall inspect the sample vial or container label to ensure that
the required identifying information is included.


343.57 REFUSAL TO SUBMIT TO OR COMPLETE CHEMICAL TEST-NOTIFICATION TO
DMV.
When a person who has been arrested for operating a motor vehicle
while under the influence of intoxicating liquor and/or drugs refuses to
submit to or complete a chemical test, the arresting officer shall mark
the left margin of the related Driving-Under-The-Influence Arrest Report,
"Copy to Bureau Traffic Division Auditor."


343.60 DRIVING-UNDER-THE- INFLUENCE ARREST-OFFICER REPORTING. When an
arrest is made for any offense committed while driving a vehicle under
the influence of alcohol and/or drugs, one officer shall normally
complete the report and be prepared to testify regarding all phases of
the arrest.

That officer’s name shall be placed in the upper portion of the
"Reporting Officer’s" box on page 1 of the Arrest Report and in the
appropriate boxes of Form 5.2.5.


343.65 MISDEMEANOR TRAFFIC COLLISION RELATED
DRIVING-UNDER-THE-INFLUENCE

BOOKINGS. When an arrestee involved in a traffic collision is booked
for driving under the influence (23152(a) VC) the officer responsible for
completing the arrest and traffic collision reports shall cause the
arrest report and a copy of the traffic collision report to be submitted
together at the location of booking for processing and distribution.

Exception: When the arrestee is booked into the Los Angeles County-USC
Medical Center jail ward or Los Angeles County Jail, the reports shall be
submitted to the approving supervisor at the Communications Division
Telephonic Report Counter, Parker Center.

Note: Records unit personnel shall ensure that one copy of the Traffic
Collision Report is forwarded, with the copies of the DUI arrest report,
to the appropriate custodial detention officer. The original reports and
subsequent copies shall be processed and distributed according to current
procedures.


343.70 DRIVING-UNDER-THE-INFLUENCE BOOKINGS. A teletype request shall
be sent to DMV concerning each arrestee booked for 23152(a) VC. This
request shall be teletyped by divisional record clerks immediately upon
receipt of the Booking and Identification Record, Form 5.1, from the
location of the arrestee’s detention. Requests may be sent using either
the driver’s license number or the full name of the arrestee.

When using the driver’s license number, the teletype shall be sent in
the following form:

  • ID. (Information code, driver’s license number.)

When no driver’s license number is available, the teletype shall
contain: (Manual Section 4/155.15)

  • STATUS AND RECORD.
  • Arrestee’s full name.
  • Arrestee’s address.
  • Arrestee’s birthdate (if unknown, give age).

Teletype requests shall originate from the division at which the
arrest reports are completed for distribution. The employee shall use the
appropriate teletype code to ensure that the docket number and the court
of prior conviction, if applicable, appear on the reply from DMV. The
employee making the inquiry shall attach the return teletype information
to the court copy of the arrest report and forward them to the detention
officer having custody of the arrestee.


344. TRAFFIC CASES INVOLVING PHYSICIANS. 344.50 ARREST OF PHYSICIAN
ENROUTE TO TREAT EMERGENCY CASE.
When a physician is taken into custody
while enroute to treat an emergency case, the arresting officer shall
immediately cause the patient to be notified. If this is not possible,
the person who summoned the physician shall be notified.

A physician traveling in response to an emergency shall be exempt from
the provisions of Vehicle Code Section 22351 (Speed Law Violations) and
22352 (Prima Facie Speed Limits), if the vehicle so used by the physician
displays an insignia approved by the Department of Motor Vehicles
indicating that the vehicle is owned by a licensed physician (21058
VC).

Note: The caduceus, symbol of the American Medical Association, is the
approved insignia.


346. TRAFFIC CASES INVOLVING JUVENILES. 346.10 CITING
PROCEDURE-TRAFFIC NOTICE TO APPEAR (CITATION).
When a juvenile is issued
a Traffic Notice to Appear, Form 4.50.0 for a moving or non-moving
violation, the juvenile shall be advised that a parent or guardian’s
presence is required when at Juvenile Traffic Court in answer to the
citation.


346.20 REFUSAL TO SIGN CITATION-JUVENILES. When a juvenile refuses to
sign a citation, the juvenile shall be processed according to Manual
Section 4/334.40.


346.40 MISDEMEANOR TRAFFIC VIOLATION-JUVENILE ARRESTED. When a
juvenile is booked for a misdemeanor Vehicle or Municipal Code
(traffic-related) violation, the arresting officer shall:

  • Complete a Traffic Notice to Appear in the normal manner and have
    the juvenile sign the citation.
  • Cite the juvenile to the morning or afternoon session (Manual
    Section 4/320.45) of the Juvenile Traffic Court on the appropriate
    citing date.
  • Give the juvenile the defendant’s copy. Note: If
    the juvenile is to be released to a parent or guardian, the
    defendant’s copy of the citation should be given to
    the parent or guardian at the time of release.
  • Complete an Arrest Report, Form 5.2, and include the citation
    number and the notation that the court copy of the citation is attached
    to the investigating officer’s copy of the arrest report.
  • Attach the court copy of the citation to the arrest report.
  • When the juvenile is to be released to a parent or guardian,
    provide the adult with a copy of the Juvenile, Notice to Appear, Form
    9.3.

Exception: Juveniles arrested for violation of Section 23152 VC shall
be processed in the same manner as a non-traffic misdemeanor arrest. A
Traffic Notice to Appear shall not be issued for driving under the
influence.

The investigating officer shall:

  • When the juvenile is not detained, forward one copy of the arrest
    report and the court copy of the citation to Traffic Court Liaison,
    Traffic Coordination Section.
  • When continued detention is deemed necessary, process the detained
    petition request, court copy of the citation, and related reports in
    the same manner as a detained petition request for any other
    charge.

346.45 JUVENILE OFFENSES INVOLVING ALCOHOL. Officers citing a juvenile
for a violation of 23140(a) VC shall:

  • Document probable cause for administering the Intoximeter EC/IR
    Test in the narrative section of a Traffic Notice to Appear or on a
    Continuation of Notice to Appear, if necessary;
  • Write the corresponding citation number in the box entitled "DR
    NO." in the upper right corner of the completed Intoximeter EC/IR
    Operator Check List, Form 5.20.7;
  • Attach the completed Form 5.20.7 to the Traffic Notice to Appear
    "court copy" (green), and forward it to the appropriate Juvenile
    Traffic Court; and,
  • Release the juvenile to a parent or guardian. Note: Section
    23140(a) VC does not require a Field Sobriety Test (FST); however,
    should an officer administer an FST, the results of the FST shall be
    documented on a Driving-Under-the-Influence Arrest
  • Report (Continuation), Form 5.2.5. The completed Form 5.2.5 shall
    include the corresponding citation number in the upper right corner in
    the box entitled "DR" and be attached to the Traffic Notice to
    Appear"court copy" (green) and forwarded to the appropriate Juvenile
    Traffic Court. Enforcement of Section 23140(a) VC does not preclude the
    enforcement of 23152(a) VC, Driving-Under-the-Influence of Alcohol or
    Drugs.
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