40500. (a) Whenever a person is arrested for any violation of this
code not declared to be a felony, or for a violation of an ordinance
of a city or county relating to traffic offenses and he is not
immediately taken before a magistrate, as provided in this chapter,
the arresting officer shall prepare in triplicate a written notice to
appear in court or before a person authorized to receive a deposit
of bail, containing the name and address of the person, the license
number of his or her vehicle, if any, the name and address, when
available, of the registered owner or lessee of the vehicle, the
offense charged and the time and place when and where he shall
appear. If the arrestee does not have a driver's license or other
satisfactory evidence of identity in his or her possession, the
officer may require the arrestee to place a right thumbprint, or a
left thumbprint or fingerprint if the person has a missing or
disfigured right thumb, on the notice to appear. This thumbprint or
fingerprint shall not be used to create a data base.
(b) The Judicial Council shall prescribe the form of the notice to
appear.
(c) Nothing in this section requires the law enforcement agency or
the arresting officer issuing the notice to appear to inform any
person arrested pursuant to this section of the amount of bail
required to be deposited for the offense charged.
(d) Once the arresting officer has prepared the written notice to
appear, and has delivered a copy to the arrested person, the officer
shall deliver the remaining original and all copies of the notice to
appear as provided by Section 40506.
Any person, including the arresting officer and any member of the
officer's department or agency, or any peace officer, who alters,
conceals, modifies, nullifies, or destroys, or causes to be altered,
concealed, modified, nullified, or destroyed, the face side of the
remaining original or any copy of a citation that was retained by the
officer, for any reason, before it is filed with the magistrate or
with a person authorized by the magistrate or judge to receive a
deposit of bail, is guilty of a misdemeanor.
If, after an arrested person has signed and received a copy of a
notice to appear, the arresting officer or other officer of the
issuing agency, determines that, in the interest of justice, the
citation or notice should be dismissed, the arresting agency may
recommend, in writing, to the magistrate or judge that the case be
dismissed. The recommendation shall cite the reasons for the
recommendation and be filed with the court.
If the magistrate or judge makes a finding that there are grounds
for dismissal, the finding shall be entered on the record and the
infraction or misdemeanor dismissed.
Under no circumstances shall a personal relationship with any
officer, public official, or law enforcement agency be grounds for
dismissal.
40501. (a) The time specified in the notice to appear shall be a
specific date which is at least 21 days after the arrest, except that
the court having jurisdiction over the offense charged may authorize
the arresting officer to specify on the notice that an appearance
may be made before the time specified.
(b) In the case of juveniles, the court having jurisdiction over
the offense charged may require the arresting officer to indicate on
the notice "to be notified" rather than specifying a specific date
pursuant to subdivision (a).
40502. The place specified in the notice to appear shall be any of
the following:
(a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
(b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the court or other magistrate nearest or most
accessible to the place where the arrest is made.
(c) Before a person authorized to receive a deposit of bail.
The clerk and deputy clerks of the superior court are persons
authorized to receive bail in accordance with a schedule of bail
approved by the judges of that court.
(d) Before the juvenile court, a juvenile court referee, or a
juvenile traffic hearing officer within the county in which the
offense charged is alleged to have been committed, if the person
arrested appears to be under the age of 18 years. The juvenile court
shall by order designate the proper person before whom the
appearance is to be made.
In a county that has implemented the provisions of Section 603.5
of the Welfare and Institutions Code, if the offense alleged to have
been committed by a minor is classified as an infraction under this
code, or is a violation of a local ordinance involving the driving,
parking, or operation of a motor vehicle, the citation shall be
issued as provided in subdivision (a), (b), or (c); provided,
however, that if the citation combines an infraction and a
misdemeanor, the place specified shall be as provided in subdivision
(d).
If the place specified in the notice to appear is within a county
where a department of the superior court is to hold a night session
within a period of not more than 10 days after the arrest, the notice
to appear shall contain, in addition to the above, a statement
notifying the person arrested that the person may appear before such
a night session of the court.
40503. Every notice to appear or notice of violation and every
complaint or information charging a violation of any provision of
this code regulating the speed of vehicles upon a highway shall
specify the approximate speed at which the defendant is alleged to
have driven and exactly the prima facie or maximum speed limit
applicable to the highway at the time and place of the alleged
offense and shall state any other speed limit alleged to have been
exceeded if applicable to the particular type of vehicle or
combination of vehicles operated by the defendant.
40504. (a) The officer shall deliver one copy of the notice to
appear to the arrested person and the arrested person in order to
secure release must give his or her written promise to appear in
court or before a person authorized to receive a deposit of bail by
signing two copies of the notice which shall be retained by the
officer, and the officer may require the arrested person, if this
person has no satisfactory identification, to place a right
thumbprint, or a left thumbprint or fingerprint if the person has a
missing or disfigured right thumb, on the promise to appear.
Thereupon the arresting officer shall forthwith release the person
arrested from custody. The thumbprint or fingerprint provided by the
arrested person shall not be used to create a data base.
(b) Any person who signs a written promise to appear with a false
or fictitious name is guilty of a misdemeanor regardless of the
disposition of the charge upon which he was originally arrested.
40505. Whenever any traffic or police officer delivers a notice to
appear or notice of violation charging an offense under this code to
any person, it shall include all information set forth upon the copy
of the notice filed with a magistrate and no traffic or police
officer shall set forth on any notice filed with a magistrate or
attach thereto or accompany the notice with any written statement
giving information or containing allegations which have not been
delivered to the person receiving the notice to appear or notice of
violation.
40506. The officer shall, as soon as practicable, file a copy of
the notice with the magistrate or before a person authorized by the
magistrate or judge to receive a deposit of bail specified therein,
and a copy with the commissioner, chief of police, sheriff or other
superior officer of the arresting officer.
40506.5. Prior to the date upon which the defendant promised to
appear and without depositing bail, the defendant may request a
continuance of the written promise to appear. A judge of the
superior court may authorize the clerk to grant the continuance.
40507. A written promise to appear in court may be complied with by
an appearance by counsel.
40508. (a) Any person willfully violating his or her written
promise to appear or a lawfully granted continuance of his or her
promise to appear in court or before a person authorized to receive a
deposit of bail is guilty of a misdemeanor regardless of the
disposition of the charge upon which he or she was originally
arrested.
(b) Any person willfully failing to pay a lawfully imposed fine
for a violation of any provision of this code or a local ordinance
adopted pursuant to this code within the time authorized by the court
and without lawful excuse having been presented to the court on or
before the date the fine is due is guilty of a misdemeanor regardless
of the full payment of the fine after such time.
(c) Any person willfully failing to comply with a condition of a
court order for a violation of this code, other than for failure to
appear or failure to pay a fine, is guilty of a misdemeanor,
regardless of their subsequent compliance with the order.
(d) If a person convicted of an infraction fails to pay a fine or
any installment thereof within the time authorized by the court, the
court may, except as otherwise provided in this subdivision, impound
the person's driver's license and order the person not to drive for
a period not to exceed 30 days. Before returning the license to the
person, the court shall endorse on the reverse side of the license
that the person was ordered not to drive, the period for which that
order was made, and the name of the court making the order. If a
defendant with a class 3 or 4 driver's license satisfies the court
that impounding his or her driver's license and ordering the
defendant not to drive will affect his or her livelihood, the court
shall order that the person limit his or her driving for a period not
to exceed 30 days to driving that is essential in the court's
determination to the person's employment, including the person's
driving to and from his or her place of employment if other means of
transportation are not reasonably available. The court shall
provide for the endorsement of the limitation on the person's
license. The impounding of the license and ordering the person not
to drive or the order limiting the person's driving does not
constitute a suspension of the license, but a violation of the order
constitutes contempt of court.
40508.5. (a) In addition to the fees authorized or required by any
other provision of law, a county may, by resolution of the board of
supervisors, require the courts of that county to impose an
assessment of fifteen dollars ($15) upon every person who violates
his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before a
person authorized to receive a deposit of bail, or who otherwise
fails to comply with any valid court order for a violation of any
provision of this code or local ordinance adopted pursuant to this
code. This assessment shall apply whether or not a violation of
Section 40508 is concurrently charged or a warrant of arrest is
issued pursuant to Section 40515.
(b) The courts subject to subdivision (a) shall increase the bail
schedule amounts to reflect the amount of the assessment imposed by
this section.
(c) If bail is returned, the amount of the assessment shall also
be returned, but only if the person did not violate his or her
promise to appear or citation following a lawfully granted
continuance.
(d) The clerk of the court shall deposit the amounts collected
under this section in the county treasury. All money so deposited
shall be used first for the development and operation of an automated
county warrant system. If sufficient funds are available after
appropriate expenditures to develop, modernize, and maintain the
automated warrant system, a county may use the balance to fund a
warrant service task force for the purpose of serving all bench
warrants within the county.
40508.6. The superior court in any county may establish
administrative assessments, not to exceed ten dollars ($10), for
clerical and administrative costs incurred for the following
activities:
(a) An assessment for the cost of recording and maintaining a
record of the defendant's prior convictions for violations of this
code. The assessment shall be payable at the time of payment of a
fine or when bail is forfeited for any subsequent violations of this
code other than parking, pedestrian, or bicycle violations.
(b) An assessment for all defendants whose driver's license or
automobile registration is attached or restricted pursuant to Section
40509 or 40509.5, to cover the cost of notifying the Department of
Motor Vehicles of the attachment or restriction.
40509. (a) Except as required under subdivision (c) of Section
40509.5, if any person has violated a written promise to appear or a
lawfully granted continuance of his or her promise to appear in court
or before the person authorized to receive a deposit of bail, or
violated an order to appear in court, including, but not limited to,
a written notice to appear issued in accordance with Section 40518,
the magistrate or clerk of the court may give notice of the failure
to appear to the department for any violation of this code, or any
violation that can be heard by a juvenile traffic hearing referee
pursuant to Section 256 of the Welfare and Institutions Code, or any
violation of any other statute relating to the safe operation of a
vehicle, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the case in which the promise was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall sign and file with the
department a certificate to that effect.
(b) If any person has willfully failed to pay a lawfully imposed
fine within the time authorized by the court or to pay a fine
pursuant to subdivision (a) of Section 42003, the magistrate or clerk
of the court may give notice of the fact to the department for any
violation, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine is fully paid, the magistrate or clerk
of the court shall issue and file with the department a certificate
showing that the fine has been paid.
(c) (1) Notwithstanding subdivisions (a) and (b), the court may
notify the department of the total amount of bail, fines,
assessments, and fees authorized or required by this code, including
Section 40508.5, which are unpaid by any person.
(2) Once a court has established the amount of a fine and any
assessments, and notified the department, the court shall not further
enhance or modify that amount.
(3) This subdivision applies only to violations of this code that
do not require a mandatory court appearance, are not contested by the
defendant, and do not require proof of correction certified by the
court.
(d) With respect to a violation of this code, this section is
applicable to any court which has not elected to be subject to the
notice requirements of subdivision (b) of Section 40509.5.
(e) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
40509.1. If any person has willfully failed to comply with a court
order, except a failure to appear, to pay a fine, or to attend
traffic violator school, which was issued for a violation of this
code, the magistrate or clerk of the court may give notice of the
fact to the department.
40509.5. (a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), any person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, including, but not limited to, a written notice
to appear issued in accordance with Section 40518, the magistrate or
clerk of the court may give notice of the failure to appear to the
department for any violation of this code, any violation that can be
heard by a juvenile traffic hearing referee pursuant to Section 256
of the Welfare and Institutions Code, or any violation of any other
statute relating to the safe operation of a vehicle, except
violations not required to be reported pursuant to paragraphs (1),
(2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter the case in which the promise was given is adjudicated or
the person who has violated the court order appears in court and
satisfies the order of the court, the magistrate or clerk of the
court hearing the case shall sign and file with the department a
certificate to that effect.
(b) If, with respect to an offense described in subdivision (e),
any person has willfully failed to pay a lawfully imposed fine within
the time authorized by the court or to pay a fine pursuant to
subdivision (a) of Section 42003, the magistrate or clerk of the
court may give notice of the fact to the department for any
violation, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine is fully paid, the magistrate or clerk
of the court shall issue and file with the department a certificate
showing that the fine has been paid.
(c) If any person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or paragraph (3) of
subdivision (c) of Section 192 of that code has violated a lawfully
granted continuance of his or her promise to appear in court or is
released from custody on his or her own recognizance and fails to
appear in court or before the person authorized to receive a deposit
of bail, or violated an order to appear in court, the magistrate or
clerk of the court shall give notice to the department of the failure
to appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall prepare and forward to
the department a certificate to that effect.
(d) Except as required under subdivision (c), the court shall mail
a courtesy warning notice to the defendant by first-class mail at
the address shown on the notice to appear, at least 10 days before
sending a notice to the department under this section.
(e) If the court notifies the department of a failure to appear or
pay a fine pursuant to subdivision (a) or (b), no arrest warrant
shall be issued for an alleged violation of subdivision (a) or (b) of
Section 40508, unless one of the following criteria is met:
(1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing with
Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a
valid California driver's license.
(4) The driver's record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear for
one or more other alleged violations of the law.
(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.
(g) This section is applicable to courts which have elected to
provide notice pursuant to subdivision (b). The method of commencing
or terminating an election to proceed under this section shall be
prescribed by the department.
(h) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
40510. (a) Prior to the date upon which a defendant promised to
appear, or prior to the expiration of any lawful continuance of that
date, or upon receipt of information that an action has been filed
and prior to the scheduled court date, the defendant may deposit bail
with the magistrate or the person authorized to receive a deposit of
bail.
(b) For any offense which is not declared to be a felony, a
deposit of bail or a penalty may be by a personal check meeting the
criteria established in accordance with subdivision (c).
(c) Each court, sheriff, or other agency which regularly accepts
deposits of bail or penalties, shall adopt a written policy governing
the acceptance of personal checks in payment of bail or penalty
deposits. The policy shall permit clerks and other appropriate
officers to accept personal checks under conditions which tend to
assure the validity of the checks.
(d) The written policy governing the acceptance of personal checks
adopted pursuant to subdivision (c) shall provide that the payee of
the deposit made by personal check shall be the agency accepting the
deposit.
40511. If bail has not been previously fixed and approved by the
judges of the court in accordance with a schedule of bail, the
magistrate shall fix the amount of bail which in his judgment, in
accordance with Section 1275 of the Penal Code, will be reasonable
and sufficient for the appearance of the defendant and shall endorse
upon the notice a statement signed by him in the form set forth in
Section 815a of the Penal Code.
40512. (a) (1) Except as specified in paragraph (2), if at the time
the case is called for arraignment before the magistrate the
defendant does not appear, either in person or by counsel, the
magistrate may declare the bail forfeited and may, in his or her
discretion, order that no further proceedings be had in the case,
unless the defendant has been charged with a violation of Section
23111 or 23112, or subdivision (a) of Section 23113, and he or she
has been previously convicted of the same offense, except if the
magistrate finds that undue hardship will be imposed upon the
defendant by requiring him or her to appear, the magistrate may
declare the bail forfeited and order that no further proceedings
shall be had in the case.
(2) If the defendant has posted surety bail and the magistrate has
ordered the bail forfeited and that no further proceedings shall be
had in the case, the bail retains the right to obtain relief from the
forfeiture as provided in Section 1305 of the Penal Code if the
amount of the bond, money, or property deposited exceeds seven
hundred dollars ($700).
(b) Upon the making of the order that no further proceedings shall
be had, all sums deposited as bail shall forthwith be paid into the
city or county treasury, as the case may be.
(c) If a guaranteed traffic arrest bail bond certificate has been
filed, the clerk of the court shall bill the issuer for the amount of
bail fixed by the uniform countywide schedule of bail required under
subdivisions (b) and (d) of Section 1296 of the Penal Code.
(d) Upon presentation by a court of the bill for a fine or bail
assessed against an individual covered by a guaranteed traffic arrest
bail bond certificate, the issuer shall pay to the court the amount
of the fine or forfeited bail which is within the maximum amount
guaranteed by the terms of the certificate.
(e) The court shall return the guaranteed traffic arrest bail bond
certificate to the issuer upon receipt of payment in accordance with
subdivision (d).
40512.5. (a) Except as specified in subdivision (b), if at the time
the case is called for trial the defendant does not appear, either
in person or by counsel, and has not requested in writing that the
trial proceed in his or her absence, the court may declare the bail
forfeited and may, in its discretion, order that no further
proceedings be had in the case, or the court may act pursuant to
Section 1043 of the Penal Code. However, if the defendant has been
charged with a violation of Section 23111 or 23112, or subdivision
(a) of Section 23113, and he or she has been previously convicted of
a violation of the same section, the court may declare the bail
forfeited, but shall issue a bench warrant for the arrest of the
person charged, except if the magistrate finds that undue hardship
will be imposed upon the defendant by requiring him or her to appear,
the magistrate may declare the bail forfeited and order that no
further proceedings shall be had in the case.
(b) If the defendant has posted surety bail and the magistrate has
ordered the bail forfeited and that no further proceedings shall be
had in the case, the bail retains the right to obtain relief from the
forfeiture as provided in Section 1305 of the Penal Code if the
amount of the bond, money, or property deposited exceeds seven
hundred dollars ($700).
40512.6. If a defendant who elects to attend a traffic violator
school in accordance with Section 42005 fails to submit proof of
completion within the time ordered by the court or any extension
thereof, the court may, following notice to the defendant, order that
the fee paid by the defendant be converted to bail and declare the
bail forfeited. The bail forfeiture under this section shall be
distributed as provided by Section 42007. Upon forfeiture of the
bail, the court may order that no further proceedings shall be had in
the case.
40513. (a) Whenever written notice to appear has been prepared,
delivered, and filed with the court, an exact and legible duplicate
copy of the notice when filed with the magistrate, in lieu of a
verified complaint, shall constitute a complaint to which the
defendant may plead "guilty" or "nolo contendere."
If, however, the defendant violates his or her promise to appear
in court or does not deposit lawful bail, or pleads other than
"guilty" or "nolo contendere" to the offense charged, a complaint
shall be filed that shall conform to Chapter 2 (commencing with
Section 948) of Title 5 of Part 2 of the Penal Code, which shall be
deemed to be an original complaint, and thereafter proceedings shall
be had as provided by law, except that a defendant may, by an
agreement in writing, subscribed by him or her and filed with the
court, waive the filing of a verified complaint and elect that the
prosecution may proceed upon a written notice to appear.
(b) Notwithstanding subdivision (a), whenever the written notice
to appear has been prepared on a form approved by the Judicial
Council, an exact and legible duplicate copy of the notice when filed
with the magistrate shall constitute a complaint to which the
defendant may enter a plea and, if the notice to appear is verified,
upon which a warrant may be issued. If the notice to appear is not
verified, the defendant may, at the time of arraignment, request that
a verified complaint be filed. In the case of an infraction
violation in which the defendant is a minor, the defendant may enter
a plea at the arraignment upon a written notice to appear.
Notwithstanding any other provision of law, in the case of an
infraction violation, no consent of the minor is required prior to
conducting the hearing upon a written notice to appear.
40514. No warrant shall issue on the charge for the arrest of a
person who has given his written promise to appear in court or before
a person authorized to receive a deposit of bail, unless he has
violated the promise, the lawfully granted continuance of his
promise, or has failed to deposit bail, to appear for arraignment,
trial or judgment, or to comply with the terms and provisions of the
judgment, as required by law.
40515. (a) When a person signs a written promise to appear or is
granted a continuance of his promise to appear at the time and place
specified in the written promise to appear or the continuance
thereof, and has not posted bail, the magistrate may issue and have
delivered for execution a warrant for his arrest within 20 days after
his failure to appear before the magistrate, or if the person
promises to appear before an officer authorized to accept bail other
than a magistrate and fails to do so on or before the date on which
he promised to appear, then, within 20 days after the delivery of the
written promise to appear by the officer to a magistrate having
jurisdiction over the offense.
(b) When the person violates his promise to appear before an
officer authorized to receive bail other than a magistrate, the
officer shall immediately deliver to a magistrate having jurisdiction
over the offense charged the written promise to appear and the
complaint, if any, filed by the arresting officer.
40516. (a) The expenses incurred by the Department of the
California Highway Patrol and the Department of Motor Vehicles in
executing any warrant issued as a result of a notice to appear issued
by a member of the California Highway Patrol shall be a legal charge
against the city or county in which jurisdiction the warrant was
issued except where the commissioner authorizes the acceptance of a
warrant for execution within 30 days of the date of its issuance.
(b) The commissioner or director shall certify to the Controller
the cost of executing warrants on behalf of each city or county under
this section. The departments shall be reimbursed for costs as
provided in Section 11004.5 of the Revenue and Taxation Code.
(c) The peace officer to whom a warrant has been delivered for
execution, upon demand, shall transfer the warrant, if it has not
been executed within 30 days of the date of its issuance, to any
member of the California Highway Patrol or to the Department of Motor
Vehicles for execution.
40518. (a) Whenever a written notice to appear has been issued by a
peace officer or by a qualified employee of a law enforcement agency
on a form approved by the Judicial Council for an alleged violation
of Section 22451, or, based on an alleged violation of Section 21453,
21455, or 22101 recorded by an automated enforcement system pursuant
to Section 21455.5 or 22451, and delivered by mail within 15 days of
the alleged violation to the current address of the registered owner
of the vehicle on file with the department, with a certificate of
mailing obtained as evidence of service, an exact and legible
duplicate copy of the notice when filed with the magistrate shall
constitute a complaint to which the defendant may enter a plea.
Preparation and delivery of a notice to appear pursuant to this
section is not an arrest.
(b) A notice to appear shall contain the name and address of the
person, the license plate number of the person's vehicle, the
violation charged, including a description of the offense, and the
time and place when, and where, the person may appear in court or
before a person authorized to receive a deposit of bail. The time
specified shall be at least 10 days after the notice to appear is
delivered.
40519. (a) Any person who has received a written notice to appear
for an infraction may, prior to the time at which the person is
required to appear, make a deposit and declare the intention to plead
not guilty to the clerk of the court named in the notice to appear.
The deposit shall be in the amount of bail established pursuant to
Section 1269b of the Penal Code, together with any assessment
required by Section 42006 of this code or Section 1464 of the Penal
Code, for the offense charged, and shall be used for the purpose of
guaranteeing the appearance of the defendant at the time and place
scheduled by the clerk for arraignment and for trial, and to apply
toward the payment of any fine or assessment prescribed by the court
in the event of conviction. The case shall thereupon be set for
arraignment and trial on the same date, unless the defendant requests
separate arraignment.
(b) Any person who has received a written notice to appear may,
prior to the time at which the person is required to appear, plead
not guilty in writing in lieu of appearing in person. The written
plea shall be directed to the court named in the notice to appear
and, if mailed, shall be sent by certified or registered mail
postmarked not later than five days prior to the day upon which
appearance is required. The written plea and request to the court or
city agency shall be accompanied by a deposit consisting of the
amount of bail established pursuant to Section 1269b of the Penal
Code, together with any assessment required by Section 42006 of this
code or Section 1464 of the Penal Code, for that offense, which
amount shall be used for the purpose of guaranteeing the appearance
of the defendant at the time and place set by the court for trial and
to apply toward the payment of any fine or assessment prescribed by
the court in the event of conviction. Upon receipt of the plea and
deposit, the case shall be set for arraignment and trial on the same
date, unless the defendant requests separate arraignment.
Thereafter, the case shall be conducted in the same manner as if the
defendant had appeared in person, had made his or her plea in open
court, and had deposited that sum as bail. The court or the clerk of
the court shall notify the accused of the time and place of trial by
first-class mail postmarked at least 10 days prior to the time set
for the trial. Any person using this procedure shall be deemed to
have waived the right to be tried within the statutory period.
(c) Any person using the procedure set forth in subdivision (a) or
(b) shall be deemed to have given a written promise to appear at the
time designated by the court for trial, and failure to appear at the
trial shall constitute a misdemeanor.
40520. (a) A notice to appear issued pursuant to Section 40518 for
an alleged violation recorded by an automatic enforcement system
shall contain, or be accompanied by, an affidavit of nonliability and
information as to what constitutes nonliability, information as to
the effect of executing the affidavit, and instructions for returning
the affidavit to the issuing agency.
(b) (1) If a notice to appear is sent to a car rental or leasing
company, as the registered owner of the vehicle, the company may
return the notice of nonliability pursuant to paragraph (2), if the
violation occurred when the vehicle was either leased or rented and
operated by a person other than an employee of the rental or leasing
company.
(2) If the affidavit of nonliability is returned to the issuing
agency by the registered owner within 30 days of the mailing of the
notice to appear together with the proof of a written rental
agreement or lease between a bona fide renting or leasing company and
its customer and that agreement identifies the renter or lessee and
provides the driver's license number, name, and address of the renter
or lessee, the agency shall cancel the notice for the registered
owner to appear and shall, instead, issue a notice to appear to the
renter or lessee identified in the affidavit of nonliability.
(c) Nothing in this section precludes an issuing agency from
establishing a procedure whereby registered owners, other than bona
fide renting and leasing companies, may execute an affidavit of
nonliability if the registered owner identifies the person who was
the driver of the vehicle at the time of the alleged violation and
whereby the issuing agency issues a notice to appear to that person.
40521. (a) Except when personal appearance is required by the bail
schedule established under Section 1269b of the Penal Code, a person
to whom a notice to appear has been issued under Section 40500, who
intends to forfeit bail and to pay any assessment may forward by
United States mail the amount fixed as bail, together with the
appropriate amount of any assessment, to the person authorized to
receive a deposit of bail. The amounts may be paid in the form of a
personal check which meets the criteria established pursuant to
subdivision (c) of Section 40510, or a bank cashier's check or a
money order. Bail and any assessment shall be paid not later than
the day of appearance set forth in the notice to appear or prior to
the expiration of any lawful continuance of that date.
(b) Bail forwarded by mail is effective only when the funds are
actually received.
(c) Section 40512 is applicable to bail paid pursuant to this
section. Upon the making of the order pursuant to Section 40512 that
no further proceedings be had, the amount paid as bail shall be paid
into the city or county treasury, as the case may be, and the
assessment shall be transmitted to the State Treasury in the manner
provided in Section 1464 of the Penal Code.
40522. Whenever a person is arrested for violations specified in
Section 40303.5 and none of the disqualifying conditions set forth in
subdivision (b) of Section 40610 exist, and the officer issues a
notice to appear, the notice shall specify the offense charged and
note in a form approved by the Judicial Council that the charge shall
be dismissed on proof of correction. If the arrested person
presents, by mail or in person, proof of correction, as prescribed in
Section 40616, on or before the date on which the person promised to
appear, the court shall dismiss the violation or violations charged
pursuant to Section 40303.5.
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