Police Officers Negotiating Traffic Citation Plea Deals
RC Phillips, DDA (Ret.)
October, 2021
It has recently come to light that police officers, subpoenaed into court on traffic citation trials, are being approached by defense attorneys in the courthouse hallway and asked to agree to a reduced charge (typically one that avoids the necessity of traffic school and/or points on the defendant’s driving record) in exchange for a guilty plea. (See http://www.utsandiego.com/news/2012/sep/19/sdpd-orders-officers-stop-cutting-deals-traffic-ti/) There usually being no representative of any prosecutor’s office present, the defense attorney takes advantage of the citing officer’s willingness to avoid having to wait around in court for another hour or two, and not having to testify. The problem is that this practice is illegal. “Whether or not the People provide a prosecuting attorney, the citing officer who testifies as to the circumstances of the citation is a witness, no more, no less.” (People v. Marcroft (1992) 6 Cal.App.4th Supp 1, 4-5.) For a police officer to engage in such “negotiations” might also be considered practicing law without a license. (B&P §§ 6125, 6126) So when approached by an attorney representing the defendant in a pending traffic citation case with an offer to plead guilty to a reduced traffic offense, the officer’s response must necessarily be; “Thank you counsel, but I’m not authorized to agree to such a deal. See you in court.” Should the defense attorney make such a request in open court to the trial judge, motivating the judge to ask if you, as the citing police officer, have any objection, your response should be made in accordance with your particular department’s policy, if any, on such a circumstance. But my suggestion is that you not take it upon yourself, even at the court’s suggestion, to waive the People’s right to a fair trial. You felt it worth the time and effort to write the ticket in the first place. Don’t let a defense attorney and/or a trial judge or court commissioner intimidate you into abandoning the good work you do in the field.
