reglab/statecodes huggingface dataset:
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40258.

40258. (a) (1) The schedule of toll evasion penalties for a toll evasion violation on a toll bridge shall not exceed twenty-five dollars ($25) for the notice of toll evasion violation, and shall not exceed fifty dollars ($50) for the notice of delinquent toll evasion violation for a cumulative total of fifty dollars ($50) for each individual toll evasion violation.
(2) Notwithstanding paragraph (1), the schedule of toll evasion penalties may include any administrative fee, fine, or assessment imposed by the state after enactment of this chapter in addition to the cumulative fifty-dollar ($50) limit per each individual toll evasion violation.
(b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of toll evasion violation issued pursuant to subdivision (a) of Section 40254 for a bridge toll evasion, the amount owed shall consist of the amount of the toll without any additional penalties, administrative fees, or charges.
(c) The maximum penalty for each toll evasion violation included in a notice of toll evasion for either a toll highway, toll road, or express lane shall be sixty dollars ($60). The maximum cumulative toll evasion penalty shall not exceed one hundred dollars ($100) for each individual toll evasion violation.
(d) Toll evasion penalties under this article shall be collected as civil penalties.
(e) The amounts specified in this section may be adjusted periodically by an issuing agency at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations.
(f) An issuing agency shall waive the toll evasion penalty for a first violation with the issuing agency if the person contacts, as applicable, the issuing or processing agency customer service center within 21 days from the mailing of the notice of toll evasion violation, and the person is not currently an accountholder with the issuing agency, signs up for an account, and pays the outstanding toll.
(g) This section shall become operative on July 1, 2024.
(Repealed (in Sec. 12) and added by Stats. 2022, Ch. 969, Sec. 13. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40259.

40259. If the toll evasion penalty is received by the person authorized to receive the deposit of the toll evasion penalty and there is no contest as to that toll evasion violation, the proceedings under this article shall terminate.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40260.

40260. (a) If the payment of the toll evasion penalty is not received by the person authorized to receive a deposit of the toll evasion penalty by the time and date fixed for appearance on the notice of toll evasion violation under Section 40254, the processing agency shall serve or mail to the registered owner a notice of delinquent toll evasion violation.
(b) Delivery of a notice of delinquent toll evasion violation under this section may be made by personal service or by first-class mail addressed to the registered owner.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40261.

40261. (a) Within 10 days from the mailing of a notice of delinquent toll evasion violation, any person or his or her agent, may request by mail or in person a photostatic copy or an electronically produced facsimile of the original notice of toll evasion violation. The issuing agency may charge a fee sufficient to recover the actual cost of providing the copy, not to exceed two dollars ($2). Within 15 days of the request, the processing agency shall mail or otherwise provide the copy. Until the issuing agency complies with a request for a copy of the original notice of toll evasion violation, the processing agency may not proceed pursuant to subdivision (i) of Section 22651, or Section 22651.7 or 40267.
(b) If the description of the vehicle on the notice of toll evasion violation does not match the department’s corresponding vehicle registration record, the processing agency may, on written request of the person, cancel the notice of toll evasion violation without the necessity of an appearance by that person.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40262.

40262. (a) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within 15 days after mailing of the notice of delinquent toll evasion violation or completes and files an affidavit of nonliability which complies with Section 40263 or 40264, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent toll evasion violation. If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of delinquent toll evasion violation, the toll evasion penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.
(b) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.
(Amended by Stats. 2022, Ch. 969, Sec. 14. (AB 2594) Effective January 1, 2023. Inoperative July 1, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions. See later operative version, added by Sec.15 of Stats. 2022, Ch. 969.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40262.

40262. (a) (1) The notice of delinquent toll evasion violation shall contain the information specified in Section 40254 and, additionally shall contain a notice to the registered owner that, unless the registered owner pays the toll evasion penalty or contests the notice within 30 days after mailing of the notice of delinquent toll evasion violation or completes and files an affidavit of nonliability that complies with Section 40263 or 40264, the renewal of the vehicle registration shall be contingent upon compliance with the notice of delinquent toll evasion violation.
(2) If the toll evasion penalty is not paid as specified in the notice of delinquent toll evasion violation, the issuing agency may notify the department and the department shall refuse to renew that person’s vehicle registration pursuant to Section 4770. If the registered owner pays the toll, toll evasion penalty, and all related fees, or enters into a payment plan pursuant to Section 40269.5 and makes the first payment, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the issuing agency subsequently notifies the department electronically that the registered owner is delinquent under the payment plan for more than 10 business days, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan and the issuing agency has notified the department electronically.
(3) Notwithstanding paragraph (2), if a registered owner pays the toll, toll evasion penalty, and all related fees, or has entered into a payment plan authorized pursuant to subdivision (e) of Section 40269.5, and meets the agency’s requirements for that payment plan, the issuing or processing agency shall notify the department electronically, and the department shall not refuse renewal of the person’s vehicle registration. If the registered owner is delinquent under the payment plan for more than 10 business days and the issuing agency or processing agency subsequently notifies the department electronically, the department shall refuse to renew the vehicle registration until the registered owner has fully satisfied the terms of the payment plan and the issuing agency and the issuing agency has notified the department electronically.
(b) If the registered owner, by appearance or by mail, makes payment to the processing agency within 15 days of the mailing of the notice of delinquent toll evasion violation, the toll evasion penalty shall consist of the amount of the original penalty without any additional administrative fees or charges.
(c) This section shall become operative on July 1, 2024.
(Repealed (in Sec. 14) and added by Stats. 2022, Ch. 969, Sec. 15. (AB 2594) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40262.5.

40262.5. If the registered owner fails to pay the toll evasion penalty, as required in Section 40262, or fails to contest the violation, as provided in Section 40255, the registered owner shall be deemed liable for the violation by operation of law, and the toll evasion penalty and any administrative fees or charges shall be considered a debt due and owing the issuing agency by the registered owner.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40263.

40263. The notice of delinquent toll evasion violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes nonliability, information as to the effect of executing the affidavit, and instructions for returning the affidavit to the issuing agency.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40264.

40264. If the affidavit of nonliability is returned to the agency within 30 days of the mailing of the notice of toll evasion violation together with the proof of a written rental agreement or lease between a bona fide renting or leasing company and its customer which identifies the rentee or lessee and provides the driver’s license number, name, and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent toll evasion violation. If payment is not received within 15 days of the mailing of the notice of delinquent toll evasion violation, the processing agency may proceed against the rentee or lessee pursuant to Section 40267.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40265.

40265. (a) If the affidavit of nonliability is returned and indicates that the registered owner served has made a bona fide sale or transfer of the vehicle and has delivered possession of the vehicle to the purchaser prior to the date of the alleged violation, the processing agency shall obtain verification from the department that the registered owner has complied with subdivision (b) of Section 5602.
(b) If the registered owner has complied with subdivision (b) of Section 5602, the processing agency shall cancel the notice of toll evasion violation with respect to the registered owner.
(c) If the registered owner has not complied with subdivision (b) of Section 5602, the processing agency shall inform the registered owner that the notice shall be paid in full or contested pursuant to Section 40255 unless the registered owner delivers evidence within 15 days of the notice that establishes that the transfer of ownership and possession of the vehicle occurred prior to the date of the alleged violation. If the registered owner does not comply with this notice, the processing agency shall proceed pursuant to Section 40220. If the registered owner delivers the evidence within 15 days of the notice, the processing agency shall cancel the notice of delinquent toll evasion violation or violations with respect to the registered owner.
(d) For purposes of subdivision (c), evidence sufficient to establish that the transfer of ownership and possession occurred prior to the date of the alleged violation or violations shall include, but is not limited to, a copy of the executed agreement showing the date of the transfer of vehicle ownership.
(e) This section does not limit or impair the ability or the right of the processing agency to pursue the collection of delinquent toll evasion penalties from the person having ownership and possession of the vehicle on the date the alleged violation occurred.
(Amended by Stats. 2008, Ch. 741, Sec. 6. Effective January 1, 2009.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40266.

40266. (a) If the registered owner, or an agent of the registered owner, or a rentee or lessee who was served with the notice of delinquent toll evasion violation pursuant to Section 40260 or 40264, or any other person who presents the notice of toll evasion violation or notice of delinquent toll evasion violation after the notice of delinquent toll evasion violation has been issued for delivery under Section 40260, deposits that toll evasion violation penalty with a person authorized to receive it, the processing agency shall do both of the following:
(1) Deliver a copy of the notice of delinquent toll evasion violation issued under Section 40260, or a listing of the notice information presented in a notice of delinquent toll evasion violation to the person and record the name, address, and driver’s license number of the person actually given the copy in the records of the issuing agency.
For the purposes of this paragraph, a copy of the notice of delinquent toll evasion violation may be a photostatic copy.
(2) Determine whether the notice of delinquent toll evasion violation has been filed with the department pursuant to subdivision (b) of Section 40267 or a civil judgment has been entered pursuant to Section 40267.
(b) If the notice of delinquent toll evasion violation has not been filed with the department or judgment entered and payment of the toll evasion penalty and any applicable assessments is received, the proceedings under this article shall terminate.
(c) If the notice of delinquent toll evasion violation has been filed with the department, has been returned to the processing agency pursuant to subdivision (b) or (c) of Section 4770 or pursuant to Section 4774, and payment of the toll evasion penalty together with the administrative service fee of the processing agency for costs of service and any applicable assessment is received, the proceedings under this article shall terminate.
(d) If the notice of delinquent toll evasion violation has been filed with the department and has not been returned to the processing agency pursuant to Section 4770, 4772, or 4774, and payment of the toll evasion penalty together with the administrative fee of the department established under Section 4773, and administrative service fee of the issuing agency for costs of service, and any applicable assessments is received by the processing agency, the processing agency shall do all of the following:
(1) Immediately transmit the payment information to the department in the manner prescribed by the department.
(2) Terminate proceedings on the notice of delinquent toll evasion violation.
(3) Transmit for deposit all toll evasion penalties and assessments in accordance with law.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40267.

40267. Except as otherwise provided in Sections 40268 and 40269, the processing agency shall proceed under one or more of the following options to collect an unpaid toll evasion penalty:
(a) The processing agency may file an itemization of unpaid toll evasion penalties and administrative and service fees with the department for collection with the registration of the vehicle pursuant to Section 4770.
(b) (1) If more than four hundred dollars ($400) in unpaid penalties and fees have been accrued by a person or registered owner, the processing agency may file proof of that fact with the court with the same effect as a civil judgment. Execution may be levied and other measures may be taken for the collection of the judgment as are authorized for the collection of an unpaid civil judgment entered against a defendant in an action on a debt. The court may assess costs against a judgment debtor to be paid upon satisfaction of the judgment. The processing agency shall send a notice by first-class mail to the person or registered owner indicating that a judgment shall be entered for the unpaid penalties, fees, and costs and that, after 30 days from the date of the mailing of the notice, the judgment shall have the same effect as an entry of judgment against a judgment debtor. The person or registered owner shall also be notified at that time that execution may be levied against his or her assets, liens may be placed against his or her property, his or her wages may be garnished, and other steps may be taken to satisfy the judgment. The filing fee plus any costs of collection shall be added to the judgment amount.
(2) Notwithstanding any other provision of law, the processing agency shall pay the established first paper civil filing fee, if required by law, at the time an entry of civil judgment is requested.
(c) If the registration of the vehicle has not been renewed for 60 days beyond the renewal date, and the notice has not been collected by the department pursuant to Section 4770, the processing agency may file proof of unpaid penalties and fees with the court with the same effect as a civil judgment as provided in subdivision (b), except that if the amount of the unpaid penalties and fees is not more than four hundred dollars ($400), the filing fee shall be collectible by the court from the debtor.
(d) The issuing agency may contract with a collection agency to collect unpaid toll evasion penalties, fees, and charges.
(e) This section does not apply to the registered owner of a vehicle if the toll evasion violation occurred prior to the registered owner taking possession of the vehicle and the department has notified the processing agency pursuant to Section 4774.
(Amended by Stats. 2008, Ch. 741, Sec. 7. Effective January 1, 2009.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40268.

40268. The processing agency shall not file a civil judgment with the court relating to a toll evasion violation which has been filed with the department unless the processing agency has determined that the registration of the vehicle has not been renewed for 60 days beyond the renewal date and the notice has not been collected by the department pursuant to Section 4770.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40269.

40269. (a) The processing agency shall terminate proceedings on the notice of a delinquent toll evasion violation in any of the following cases:
(1) Upon receipt of collected penalties and administrative fees remitted by the department under Section 4772 for that notice of delinquent toll evasion violation. The termination under this subdivision is by satisfaction of the toll evasion penalty.
(2) If the notice of delinquent toll evasion violation was returned to the processing agency pursuant to Section 4774 and five years have elapsed since the date of the violation. The termination under this subdivision is by the running of a statute of limitation of proceedings.
(3) The processing agency receives information, which it shall verify with the department, that the penalty has been paid to the department pursuant to Section 4772.
(4) If the registered owner of the vehicle provides proof to the processing agency that he or she was not the registered owner on the date of the toll evasion violation.
(b) This section does not limit or impair the ability or the right of the processing agency to pursue the collection of delinquent toll evasion penalties from the person who was the registered owner or lessee of the vehicle on the date of the alleged toll evasion violation.
(Amended by Stats. 2008, Ch. 741, Sec. 8. Effective January 1, 2009.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40269.6.

40269.6. (a) Commencing July 1, 2023, an issuing agency shall provide a one-time waiver of outstanding toll evasion penalties for toll evasion violations on a toll bridge occurring from March 20, 2020, to January 1, 2023, inclusive. The waiver program shall be available, upon request, to individuals whose monthly income is 200 percent of the current poverty guidelines, or less, as updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code, as determined by the issuing agency or processing agency or their designee. For purposes of verifying an individual’s eligibility, an issuing agency, processing agency, or their designee shall accept the evidence of income specified in paragraph (2) of subdivision (a) of Section 40269.5.
(b) Commencing July 1, 2023, in addition to meeting the income criteria described in subdivision (a), an eligible individual who applies for a waiver under this section shall satisfy both of the following conditions:
(1) The applicant shall pay the total amount of all outstanding tolls subject to the penalty waiver, and any related fees, fines, or assessments imposed by the department, not using the payment plan option established pursuant to Section 40269.5.
(2) The issuing agency may require, as a condition of the waiver, that applicant open an account and acquire a transponder or other electronic toll payment device. This paragraph applies only with respect to vehicles registered in California.
(c) Commencing January 1, 2023, an issuing agency, processing agency, or their designee shall do both of the following with respect to the one-time waiver program established pursuant to this section:
(1) Include information about the availability of the one-time waiver program on an internet website related to the issuing agency’s electronic toll collection system.
(2) Direct its customer service center representatives to inform the public about the availability of the program when responding to inquiries about toll evasion violations incurred from March 20, 2020, to January 1, 2023, inclusive.
(d) This section shall become inoperative on September 30, 2024, and, as of January 1, 2025, is repealed.
(Added by Stats. 2022, Ch. 969, Sec. 17. (AB 2594) Effective January 1, 2023. Inoperative September 30, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40270.

40270. If the notice of delinquent toll evasion violation is filed with the department pursuant to subdivision (b) of Section 40267 and the department returns the notice of delinquent toll evasion violation by notice of noncollection pursuant to subdivision (b) of Section 4770 or Section 4774, the processing agency may cancel the notice of delinquent toll evasion violation.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40271.

40271. The time limitation provided by law for commencement of a civil action for a violation specified in Section 40250 shall be tolled from and after the date a notice of delinquent toll evasion violation is filed with the department pursuant to subdivision (b) of Section 40267 until the notice is returned to the processing agency under subdivision (b) of Section 4770, or Section 4772 or 4774, or is recalled by the processing agency pursuant to subdivision (b) of Section 40255.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40272.

40272. Notwithstanding any other provision of law, an imposition of civil liability for a violation of Section 23302.5 shall not be deemed a conviction of a driver, rentee, lessee, or registered owner and shall not be made part of the driving record of the person upon whom that liability is imposed, nor shall it be used for insurance purposes in connection with the provision of motor vehicle insurance coverage.
(Added by Stats. 1995, Ch. 739, Sec. 8. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 1 - Offenses › ARTICLE 4 - Procedure on Toll Evasion Violations › Section 40273.

40273. Any information obtained pursuant to this article through the use of automated devices shall not be used for any purpose other than to identify, and obtain the mailing address information of, either of the following:
(a) Toll evasion violators, to facilitate the serving of notices of toll evasion violations and notices of delinquent toll evasion violations.
(b) Persons entering a vehicular crossing and toll highway where pay-by-plate toll payment, as defined in Section 23302, is permitted by the toll operator to facilitate the collection of tolls.
(Amended by Stats. 2009, Ch. 459, Sec. 4. (AB 628) Effective January 1, 2010.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40300.

40300. The provisions of this chapter shall govern all peace officers in making arrests for violations of this code without a warrant for offenses committed in their presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40300.2.

40300.2. Whenever a person is arrested for a violation of this code, or a violation of any other statute required to be reported under Section 1803, the written complaint, notice to appear in court, or other notice of violation, shall indicate whether the vehicle involved in the offense is a commercial motor vehicle, as defined in subdivision (b) of Section 15210.
(Added by Stats. 1988, Ch. 1509, Sec. 10.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40300.5.

40300.5. In addition to the authority to make an arrest without a warrant pursuant to paragraph (1) of subdivision (a) of Section 836 of the Penal Code, a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists:
(a) The person is involved in a traffic crash.
(b) The person is observed in or about a vehicle that is obstructing a roadway.
(c) The person will not be apprehended unless immediately arrested.
(d) The person may cause injury to themselves or damage property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless immediately arrested.
(Amended by Stats. 2022, Ch. 81, Sec. 7. (AB 2198) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40300.6.

40300.6. Section 40300.5 shall be liberally interpreted to further safe roads and the control of driving while under the influence of an alcoholic beverage or any drug in order to permit arrests to be made pursuant to that section within a reasonable time and distance away from the scene of a traffic crash.
The enactment of this section during the 1985–86 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law.
(Amended by Stats. 2022, Ch. 81, Sec. 8. (AB 2198) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40301.

40301. Except as provided in this chapter, whenever a person is arrested for any violation of this code declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40302.

40302. Whenever any person is arrested for any violation of this code, not declared to be a felony, the arrested person shall be taken without unnecessary delay 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 in any of the following cases:
(a) When the person arrested fails to present both his or her driver’s license or other satisfactory evidence of his or her identity and an unobstructed view of his or her full face for examination.
(b) When the person arrested refuses to give his or her written promise to appear in court.
(c) When the person arrested demands an immediate appearance before a magistrate.
(d) When the person arrested is charged with violating Section 23152.
(Amended by Stats. 2015, Ch. 82, Sec. 1. (AB 346) Effective January 1, 2016.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40302.5.

40302.5. Whenever any person under the age of 18 years is taken into custody in connection with any traffic infraction case, and he is not taken directly before a magistrate, he shall be delivered to the custody of the probation officer. Unless sooner released, the probation officer shall keep the minor in the juvenile hall pending his appearance before a magistrate. When a minor is cited for an offense not involving the driving of a motor vehicle, the minor shall not be taken into custody pursuant to subdivision (a) of Section 40302 solely for failure to present a driver’s license.
(Added by Stats. 1980, Ch. 1299, Sec. 2.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40303.5.

40303.5. An arresting officer shall permit a person arrested for any of the following offenses to execute a notice containing a promise to correct the violation in accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
(a) A registration infraction set forth in Division 3 (commencing with Section 4000).
(b) A driver’s license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of a driver’s license.
(c) Section 21201, relating to bicycle equipment.
(d) Subdivision (a) of Section 21212.
(e) An infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).
(f) Section 2482, relating to registration decals for vehicles transporting inedible kitchen grease.
(g) Section 9850, relating to expired vessel registration.
(h) Section 9853.2, relating to the display of vessel identification numbers.
(i) Section 678.11 of the Harbors and Navigation Code, relating to possessing a vessel operator card.
(j) Subparagraph (a) or (c) of Section 190.00 of Title 13 of the California Code of Regulations, relating to the display of vessel identification numbers.
(k) Section 190.01 of Title 13 of the California Code of Regulations, relating to vessel registration stickers.
(l) Section 6565.8 of Title 14 of the California Code of Regulations, relating to personal floatation devices on vessels.
(m) Section 6569 of Title 14 of the California Code of Regulations, relating to serviceable fire extinguishers on vessels.
(n) Section 6572 of Title 14 of the California Code of Regulations, relating to markings on fire extinguishers on vessels.
(Amended by Stats. 2021, Ch. 57, Sec. 1. (AB 591) Effective January 1, 2022.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40304.

40304. Whenever any person is arrested by any member of the California Highway Patrol for any violation of any state law regulating the operation of vehicles or the use of the highways declared to be a misdemeanor but which offense is not specified in this code, he shall, in the judgment of the arresting officer, either be given a 10-day notice to appear in the manner provided in this chapter or be taken without unnecessary delay 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, or, upon demand of the person arrested, before a magistrate in the judicial district in which the offense is alleged to have been committed.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40304.5.

40304.5. Notwithstanding any other provision of law, whenever any person is taken into custody for bail to be collected on two or fewer outstanding warrants for failure to appear on a citation for a parking offense or a traffic infraction, the person shall be provided the opportunity immediately to post bail, and shall not be booked, photographed, or fingerprinted, nor shall an arrest record be made, when the amount of bail required to be paid on the warrant may be ascertained by reference to the face thereof or to a fixed schedule of bail, unless and until all of the following requirements have been exhausted:
(a) If the person has sufficient cash in his or her possession, that person shall be given the opportunity immediately to post bail with the person in charge of the jail or his or her designee.
(b) If the person does not have sufficient cash in his or her possession, that person shall be informed of his or her rights and given the opportunity to do all of the following:
(1) Make not less than three completed telephone calls to obtain bail. The person shall be permitted the use of the police or sheriff’s department telephone to make not less than three completed local or collect long-distance telephone calls to obtain bail.
(2) Have not less than three hours in which to arrange for the deposit of bail.
(Added by Stats. 1984, Ch. 35, Sec. 3. Effective March 8, 1984. Operative March 31, 1984, by Sec. 7 of Ch. 35.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40306.

40306. (a) Whenever a person is arrested for a misdemeanor or an infraction and is taken before a magistrate, the arresting officer shall file with the magistrate a complaint stating the offense with which the person is charged.
(b) The person taken before a magistrate shall be entitled to at least five days continuance of his case in which to plead and prepare for trial and the person shall not be required to plead or be tried within the five days unless he waives such time in writing or in open court.
(c) The person taken before a magistrate shall thereupon be released from custody upon his own recognizance or upon such bail as the magistrate may fix.
(Amended by Stats. 1968, Ch. 1192.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40307.

40307. (a) When an arresting officer attempts to take a person arrested for a misdemeanor or infraction of this code before a magistrate and the magistrate or person authorized to act for him or her is not available, the arresting officer shall take the person arrested, without unnecessary delay, before one of the following:
(1) The clerk of the magistrate, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code.
(2) The officer in charge of the most accessible county or city jail or other place of detention within the county, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code or may, in lieu of bail, release the person on his or her written promise to appear as provided in subdivisions (a) to (f), inclusive, of Section 853.6 of the Penal Code.
(b) Whenever a person is taken into custody pursuant to subdivision (a) of Section 40302 and is arrested for a misdemeanor or infraction of this code pertaining to the operation of a motor vehicle, the officer in charge of the most accessible county or city jail or other place of detention within the county may detain the person arrested for a reasonable period of time, not to exceed two hours, in order to verify his or her identity.
(Amended by Stats. 2007, Ch. 738, Sec. 44. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40309.

40309. Whenever a notice of parking violation is issued in accordance with Sections 40202 and 40203, or a notice of delinquent parking violation is issued pursuant to Section 40206, the amount fixed as a parking penalty for the violation charged may be forwarded by United States mail to the person authorized to receive a deposit of the parking penalty. Payment of a parking penalty forwarded by mail is effective only when actually received, and the presumption that a letter duly directed and mailed was received does not apply. Section 40512 is applicable to a parking penalty posted pursuant to this section.
(Amended by Stats. 1986, Ch. 939, Sec. 16.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40310.

40310. The Judicial Council shall annually adopt a uniform traffic penalty schedule which shall be applicable to all nonparking infractions specified in this code, unless in a particular case before the court the judge or authorized hearing officer specifies a different penalty. No penalty shall be established for any infraction in an amount, exclusive of any additional penalty levied pursuant to Section 1464 of the Penal Code, in excess of the amount of the maximum fine pursuant to Section 42001 or 42001.5, and penalties shall be set without regard to residence. In case a traffic penalty is not paid within 20 days following mailing of a notice that the penalty has been assessed, a late charge shall be due in the amount of 50 percent of total initial penalty.
In establishing a uniform traffic penalty schedule, the Judicial Council shall classify the offenses into four or fewer penalty categories, according to the severity of offenses, so as to permit convenient notice and payment of the scheduled penalty.
(Amended by Stats. 1992, Ch. 696, Sec. 93. Effective September 15, 1992.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40311.

40311. Whenever a person is arrested under authority of a warrant, the court to which such person is taken shall, with his consent, have jurisdiction to arraign him at that time for any other alleged violation of this code or an ordinance relating to traffic offenses for which he has been issued a written notice to appear in court, notwithstanding the fact that the time for appearance specified in such notice has not yet arrived.
(Added by Stats. 1959, Ch. 977.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40312.

40312. A peace officer shall not arrest, on the basis of an outstanding warrant arising from a violation of this code, any person who presents to the peace officer a receipt, from a proper official of the court, indicating that the person has paid the fine for the violation that caused the warrant to be issued. The receipt shall contain sufficient information to identify the name and number of the court issuing the receipt, the date the case was adjudicated or the fine was paid, the case number or docket number, and the violations disposed of.
(Added by Stats. 1982, Ch. 290, Sec. 1.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 1 - Arrests › Section 40313.

40313. If a notice of reexamination was issued pursuant to Section 21061, the record of arrest for the traffic violation, or any notice to appear issued under this article, or both, shall include a notation indicating that the notice of reexamination was issued to the arrested person and the driver’s license record maintained by the department shall contain a record of the notice of reexamination. The record of the notice of reexamination shall be considered confidential by the department pursuant to Section 1808.5.
(Added by Stats. 1986, Ch. 304, Sec. 5. Operative July 1, 1987, by Sec. 6 of Ch. 304.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40501.

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).
(Amended by Stats. 1986, Ch. 557, Sec. 1. Effective August 22, 1986.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40502.

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 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 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 a night session of the court.
(Amended by Stats. 2003, Ch. 149, Sec. 87. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40503.

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.
(Amended by Stats. 1969, Ch. 1056.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40505.

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.
(Amended by Stats. 1969, Ch. 1056.)