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Legalease
Legalease, Attorney
Category: Traffic Law
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Experience:  15 years exp in driving issues
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City of Millbrae California contracted with San Mateo county

Resolved Question:

City of Millbrae California contracted with San Mateo county sheriffs office to provide law enforcment services the the city in 2012. All officers were given sheriff badges and uniforms, CSOs and all equipment were turned over to the county and the Millbrae police department was "dissolved" and became the San Mateo county sheriff Millbrae bureau. Question is this: Millbrae has a red light traffic enforcment camera program and drivers are being cited from "the city of Millbrae police department" the citation has the city police seal and everything from the city of Millbrae police department. How are they able to do this if the city no longer has a police department? If the citation had said it was issued by the county I could understand but this is not the case.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Legalease replied 1 year ago.

Hello there

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A city and county are incoporated entities for purposes of registration with the state of CA (taxes, etc) and as a corporation that is winding down, the city has the right to use the name and other items associated with the former police department for a reasonable time period after the merger until all city police items are used up (such as letterhead or tickets) and all former police items are changed over (such as a traffic light program). There is no specific set period of time in CA statutes that the department must be wound down by -- it is a "reasonable" amount of time and reasonable can vary from entity to entity but can typically go out several years after a merger or buy out, etc. If the city is still using this designation 10 years later then you may have a valid argument if fighting a ticket in court because that police department has not existed for a long time and any left over police dept materials should have been used up in a quicker manner than 10 years later in order to be considered a "reasonable" time period. I hope this helps you to understand how and why they can continue to do this -- please let me know if you have more questions.

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MARY

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Legalease, Attorney
Category: Traffic Law
Satisfied Customers: 14511
Experience: 15 years exp in driving issues
Legalease and 3 other Traffic Law Specialists are ready to help you

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