100.9 Enforcement Documents

Question 1

Issuance of a CHP 215, Notice to Appear, is authorized by Section ___ of the California Vehicle Code (CVC).

Answer 1

40500

Question 2

Upon issuance of any CHP 215 no corrections or additional information _____ be placed directly on the original or court copy of the CHP 215.

Answer 2

Shall

Question 3

Departmental use of the CHP 215 includes, but is not limited to, the following:

Answer 3

a. As a notice to appear
b. As an arrest complaint
c. For warrant arrests
d. For statistical reporting
e. For allied agency turn-overs
f. For parental notification

Question 4

___ are accountable and ultimately responsible for the control and accounting of all CHP 215s received, issued, and processed by employees of their commands.

Answer 4

Area Commanders

Question 5

True or false

A CHP 215 ____ be prepared for each arrest.

Answer 5

Should

Question 6

True or False

Only one CHP 215S, Continuation Document, may be attached to one CHP 215 to accommodate all the violations charged.

Answer 6

False

Use more if necessary

Question 7

Violations committed by children under ___ years of age as pedestrians, riding a bicycle, riding a scooter, or skating may be recorded on a CHP 215 and their parents notified by mail when follow-up action other than a court appearance is desired.

Answer 7

18

Question 8

True or False

The CHP 215 constitutes a complaint to which a defendant may enter a plea. This form meets the requirements of Section 40513(b) CVC and Section 853.9 PC and is approved by the Judicial Council of California.

Answer 8

True

Question 9

True or False

When a person is taken into custody as the result of a warrant, a CHP 215 is to be prepared. Information relating to the type of warrant is to be entered in the violation portion of the form.

Answer 9

True

Question 10

True or False

All information is to be printed using either a pencil (preferably #2) or a ballpoint pen with blue ink only.

Answer 10

False

Pencil (#2 preferred), black or blue ink is acceptable

Question 11

True or False

On a CHP 215, officers should use observation and their best judgment only to determine a person’s race/ethnicity. In instances where it is determined that the officer needs to solicit the arrestee’s race/ethnicity identification, it shall be done with the utmost tact and sensitivity. The officer may explain that the race/ethnicity information is being solicited as a requirement of Penal Code Section 13125.

Answer 11

False

If unsure mark Other

Question 12

True or False

Pursuant to Sections 40504 CVC and 853.6(d) PC, officers may request that a violator provide a fingerprint for identification when they reasonably expect a question of identity might arise. Examples include: no driver license in possession and driving with a suspended or revoked driver license.

Answer 12

True

Question 13

Whenever it is necessary to add, delete, modify, or correct information contained on a CHP 215, a CHP ___ shall be prepared. Do not make any marks or alterations to the original or court copy of the CHP 215.

Answer 13

411

Question 14

True or False

Officers should request the violator voluntarily provide a fingerprint prior to having the violator sign the citation, thereby releasing them on their promise to appear.

Answer 14

True

Question 15

Officers ___ make notes [on the green copy of the CHP 215] as soon as practical after the contact.

Answer 15

Shall

Question 16

Upon completion of a CHP 215 book, the copies are to be retained for ___. This retention period may be extended by the Area Commander.

Answer 16

1 year for green copies kept in a place where supervisors can review them.

Question 17

True or False

During the retention period, copies should be available in the officer’s assigned Area office for supervisory review.

Answer 17

True

Question 18

True or False

A CHP 51 will be prepared and submitted to the Area commander concisely documenting the circumstances and justification for requesting dismissal of the citation or charge by the local magistrate. If possible, all copies of the citation, except the violator’s copy, should be submitted with the CHP 51.

Answer 18

True

Question 19

___ will monitor requests for dismissal and take necessary corrective action to ensure the appropriate use of request letters for dismissal.

Answer 19

Division Chiefs

Question 20

True or False

Any employee altering, falsifying, destroying, or modifying a CHP 215 before it is delivered to the court is subject to departmental adverse action and may be subject to criminal prosecution initiated under Section 6200 GC, Section 40500(d) CVC, and Section 853.6(j) PC.

Answer 20

True

Question 21

True or False

If the violator refuses to sign the CHP 215S but has signed the parent document, the word “Refused” shall be entered in the signature box and the violator shall be released.

Answer 21

True

Question 22

True or False

In an effort to ensure registration compliance and accurate accountability for departmental registration violation statistics, the CHP 215 shall be used in lieu of the CHP 281 for violations of 4000(a)(1)VC.

Answer 22

True

Question 23

True or False

Area commanders shall designate at least two people to be responsible for CHP 215 and 281 processing.

Answer 23

False

One person

Are offices MAY train and have other personnel available to assume these responsibilities in the absence of the person regularly assigned.

Question 24

Section 21718 VC, non-emergency stop on a freeway, shall be cited on a ___.

Answer 24

CHP 215

Question 25

A CHP 267 ___ be issued to unattended vehicles which are unlawfully parked or standing in violation of the VC, any federal statute or regulation, or under any ordinance enacted by local authorities.

Answer 25

Must

Question 26

True or False Misdemeanor parking violations (e.g., 22513(b) VC, unlawful soliciting of tow services) may be written on a CHP 215.

Answer 26

True

Question 27

True or False CHP Motor Carrier Specialists may clear mechanical violations relating to motor vehicles and trailers and correctable hazardous materials violations.

Answer 27

True

Question 28

True or False Upon completion of a CHP 422, no count may be entered on the CHP 415, Daily Field Record, unless the lower portion of the CHP 422 is completed (below perforation).

Answer 28

True

Question 29

The upper portion of a CHP 422 ___ be assigned for follow-up investigation within ___ days.

Answer 29

Should/ 5 days

Question 30

Original CHP 214’s are to be retained in the Area office files for a minimum of ______

Answer 30

6 months

Question 31

A CHP 202D completed for a consent search request, where the consent was denied, shall be retained at the Area for a period of ____. A. One year B. Three years C. Five years

Answer 31

B. Three years

Question 32

``` CHP 216 and CHP 202Ds shall be submitted to the Area at the end of the officer’s shift for supervisory review. Reviewed forms shall be retained in an established Area file for ____. A. 2 years B. 3 years C. 5 years D. 7 years ```

Answer 32

B. 3 years

Question 33

According to Departmental policy, Officers ______ charge 16028(a)VC, evidence of financial responsibility, when citing a person for a VC violation and they cannot provide adequate proof of insurance. A. Should B. Shall C. May D. Must

Answer 33

B. Shall