What are the three categories of crimes and public offenses?
Felonies, misdemeanors, and infractions.
Define a felony according to Penal Code section 17.
A crime punishable with death, imprisonment in state prison, or imprisonment in a county jail under Penal Code section 1170.
What is a misdemeanor as per Penal Code section 17?
Every other crime or public offense except those classified as infractions.
What characterizes an infraction under Penal Code section 19c?
An infraction is not punishable by imprisonment.
How do provisions of law relating to misdemeanors apply to infractions?
All provisions apply, including powers of peace officers and jurisdiction of courts.
What is the general process for arrests in traffic law?
Taking a violator into custody, searching, booking, and either jailing or releasing.
What is typically required of an officer for minor traffic violations?
Cite and release the violator.
In what situations can an officer choose to take a violator before a magistrate?
For more serious offenses or if specified conditions exist.
True or False: The U.S. Supreme Court mandates that misdemeanors must be committed in an officer’s presence for a warrantless arrest.
False.
What are the exceptions to the ‘in your presence’ requirement for misdemeanor arrests?
DUI arrest after a crash, suspect obstructing a roadway, immediate apprehension, potential injury or property damage, destruction of evidence.
What does ‘crash’ or ‘accident’ mean for section 40300.5?
Any sudden, unforeseen, and unexpected event.
What happens when a person is arrested for a felony violation of the Vehicle Code?
They shall be dealt with in the same manner as any other felony arrestee.
Under what circumstances must a person arrested for a Vehicle Code violation be taken before a magistrate?
Failure to present ID, refusal to promise to appear, demanding immediate appearance, charged with DUI.
What is required of a cited traffic violator under section 40302?
Produce a driver’s license or satisfactory evidence of identity.
What is the legal obligation if a violator refuses to provide a written promise to appear?
Explain the arrest and the need for a written promise to appear.
What must be done if a magistrate is not available when an arrested person demands to see one?
Explain options: sign promise to appear, post bail, or go to jail.
What should be done if a driver is charged with DUI?
Remove the driver to a place of safety and typically take them to jail.
What does ‘optional appearance’ mean in the context of Vehicle Code section 40303?
The officer may give a notice to appear or take the person before a magistrate.
What is the time frame in which an arrested person must be taken before a magistrate?
Either given a 10-days’ notice to appear or taken without unnecessary delay before a magistrate.
What must the magistrate have in relation to the offense charged?
Jurisdiction of the offense and be nearest or most accessible to the place of arrest.
What may the arresting officer require if proof of identification is not provided?
A thumbprint or fingerprint on the notice to appear.
Which section relates to injuring or tampering with a vehicle?
Sections 10852 or 10853.
Which section addresses reckless driving?
Sections 23103 or 23104.
What does Section 2800 relate to?
Failure or refusal of a driver to stop and submit to inspections or tests.
