Citation in Lieu of Arrest

A public safety officer can issue a citation in lieu of arrest in certain circumstances with their discretion. Circumstances in which a citation in lieu of arrest can be issued are;

  1. Misdemeanors in which the offender does not pose a significant risk to the public

  2. Traffic Misdemeanors including but not limited to Driving while Suspended, Driving on Expired License, etc.

There are certain factors to be considered before issuing a citation in lieu of arrest. If any of the factors that follow are present, a custodial arrest must be made;

  1. There are reasonable grounds to believe that the offender will not appear in court, or has a history of failing to appear.

  2. The offender poses a danger to persons or property.

  3. There are reasonable grounds to believe that the offense will continue.

  4. The offender refused to sign a written promise to appear or refused to provide valid identification in the form of an Identification Card, Drivers License, or Fingerprints.