Can a Police Officer Cancel a Traffic Ticket After Issuance?
In the professional world of law enforcement, every traffic citation carries a significant weight and responsibility. This article explores the often complex question of whether a police officer can cancel a traffic ticket that has already been issued. We will delve into the processes and procedures within police departments to address this concern.
The Importance of Ticket Accountability
Every single traffic citation in professional police departments must have a number and be accounted for. If a police officer has issued a ticket and it cannot be accounted for, the officer is subject to disciplinary actions. Therefore, if an error is found in a ticket, the officer must gather all four copies and submit them to his immediate supervisor along with a written incident report detailing the error.
Our Department's Process
Most departments, like ours, have established specific procedures for handling such situations. If an officer makes a mistake while writing a citation, they can either issue another citation to correct the error or non-suited the erroneous citation. Once all other citations have been issued, the officer must complete the necessary Non-Suit paperwork, which is then submitted to our commander for approval. It is crucial to ensure that every citation is accounted for, regardless of its status.
Complexities in the Cancellation Process
Depending on the agency, traffic tickets have serial numbers assigned to specific officers, making them fully accountable for each ticket. The cancellation process for a traffic ticket can be lengthy and rigorous. If a ticket needs to be canceled, the officer must write a detailed incident report outlining the reason for the cancellation. The report must be signed off by various levels of superiors, including Sergeants, Lieutenants, Captains, Majors, and the Division Chief.
What Happens After Issuance?
While it is possible for an officer to cancel a ticket before it is transmitted to the server, once it has been transmitted, the burden of cancellation shifts to a different entity. For instance, in my department, the electronic ticket system allows for cancellation of a citation until it is transmitted and uploaded to the server. If new information arises or an error is discovered after issuing a citation, the officer can cancel it.
However, once the citation has been transmitted, only the City Attorney has the authority to revoke a citation by dismissing it. This means that after the ticket reaches the courthouse, it is effectively out of the officer's hands, and the only way to "cancel" it is to request that the State Attorney drop the charges.
Accountability and Procedure
Officers have a responsibility to account for each ticket they issue, even if they decide to cancel it. Thus, even if a ticket is voided, it must be turned in for accountability. A secretary enters the voided ticket into the record-keeping system, and copies of the ticket are sent to the State Attorney and the Circuit Clerk of the court. Once the circuit clerk has the ticket, it is entered into the court records, making the cancellation process more challenging.
Conclusion
In summary, while a police officer can cancel a traffic ticket before it is transmitted or uploaded, once it has been transmitted, the process becomes much more complicated. Officers must be meticulous in ensuring they follow proper procedures to account for tickets and deal with any errors. If a ticket is in error, it is crucial for the officer to document the issue and seek higher authority for cancellation, especially if the ticket has already been transmitted.
Understanding these processes is essential for maintaining proper accountability in traffic enforcement and ensuring that any errors or mistaken citations are addressed appropriately.