Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE MICHAEL C. FITZPATRICK, TRINITY COUNTY COUNSEL, has requested an opinion on the following questions: 1. May a peace officer arrest a motorist who has committed an infraction (e.g., driving to the left of double parallel unbroken lines or traveling in excess of the posted speed limit) if no accident, traffic obstruction, or other event has occurred? 2. May a peace officer issue a notice to appear in court to a motorist who has committed an infraction? 3. If a motorist is stopped for committing an infraction and refuses to sign the notice to appear in court issued by the peace officer, may the officer take the motorist into custody? 4. Is a magistrate required to be on duty in a county at all times? CONCLUSIONS 1. A peace officer may arrest a motorist who has committed an infraction (e.g., driving to the left of double parallel unbroken lines or traveling in excess of the posted speed limit) even though no accident, traffic obstruction, or other event has occurred. 2. A peace officer may issue a notice to appear in court to a motorist who has committed an infraction. 3. If a motorist is…