Department of California Highway Patrol v. Superior Court

Statement of the Case

Real party in interest Richard J. Quigley (Quigley) was given five citations by officers of the California Highway Patrol (CHP) for violating Vehicle Code section 27803, subdivision (b), which requires motorcycle drivers and then-passengers to wear safety helmets. At a hearing on nine such violations, including the five CHP citations, the court ruled that the five CHP violations were correctable, that is, ones for which correction citations or “fix-it” tickets could be issued. At a sentencing hearing on January 24, 2005, the court reiterated its ruling and gave Quigley several weeks to correct the violations. It directed him to bring a helmet to the CHP, at which time the CHP would sign off on the citations. On May 20, 2005, the court issued a formal, written order, directing the CHP to sign off on certificates of correction for all five CHP infractions if and when Quigley presented to the CHP a helmet “bearing a certification of compliance (the symbol ‘DOT’).” Thereafter, the court issued an order directing the CHP to show cause why it should not be held in contempt for refusing to comply with its order. At a hearing on July 15, 2005, the court…