reglab/statecodes huggingface dataset:
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40506.

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.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40506.5.

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.
(Amended by Stats. 2002, Ch. 784, Sec. 604. Effective January 1, 2003.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40508.

40508. (a) A person willfully violating their written promise to appear or a lawfully granted continuance of their 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 the person was originally arrested.
(b) A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a 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 bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.
(c) A 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.
(Amended by Stats. 2023, Ch. 356, Sec. 2. (AB 1125) Effective January 1, 2024.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40508.6.

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 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.
(Amended by Stats. 2022, Ch. 800, Sec. 22. (AB 2746) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40509.1.

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.
(Amended by Stats. 1998, Ch. 877, Sec. 77. Effective January 1, 1999.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40510.

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.
(Amended by Stats. 1992, Ch. 1244, Sec. 34. Effective January 1, 1993. Operative July 1, 1993, by Sec. 39 of Ch. 1244.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40510.5.

40510.5. (a) The clerk of the court may accept a payment and forfeiture of at least 10 percent of the total bail amount for each infraction violation of this code prior to the date on which the 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, if all of the following circumstances exist:
(1) The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to this code.
(2) The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense.
(3) The offense does not require an appearance in court.
(4) The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations.
(b) When a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement.
(c) Except for subdivisions (b) and (c) of Section 1269b and Section 1305.1, the provisions of Chapter 1 (commencing with Section 1268) of Title 10 of Part 2 of the Penal Code do not apply to an agreement to pay and forfeit bail in installments under this section.
(d) For the purposes of reporting violations of this code to the department under Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction.
(e) When the defendant fails to make an installment payment according to an agreement under subdivision (a) above, the court may charge a failure to appear or pay under Section 40508 and impose a civil assessment as provided in Section 1214.1 of the Penal Code or issue an arrest warrant for a failure to appear.
(f) Payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions.
(g) This section shall become operative on January 1, 2022.
(Repealed (in Sec. 43) and added by Stats. 2021, Ch. 257, Sec. 44. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40511.

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.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40512.5.

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).
(Amended by Stats. 1993, Ch. 524, Sec. 7. Effective January 1, 1994.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40512.6.

40512.6. (a) If a defendant who elects or is ordered to attend a traffic violator school in accordance with Section 42005 and has paid the full traffic violator school bail amount required under Section 42007 fails to successfully complete the program 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.
(b) This section shall become operative on July 1, 2011.
(Repealed (in Sec. 11) and added by Stats. 2010, Ch. 599, Sec. 11.5. (AB 2499) Effective January 1, 2011. Section operative July 1, 2011, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40513.

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.
(Amended by Stats. 2001, Ch. 830, Sec. 1. Effective January 1, 2002.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40514.

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.
(Amended by Stats. 1979, Ch. 235.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40515.

40515. (a) When a person signs a written promise to appear or is granted a continuance of his or her promise to appear at the time and place specified in the written promise to appear or the continuance thereof, and has not posted full bail or has failed to pay an installment of bail as agreed to under Section 40510.5, the magistrate may issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear before the magistrate or pay an installment of bail as agreed, 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 or she 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 or her 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.
(Amended by Stats. 2007, Ch. 738, Sec. 51. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40516.

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.
(Amended by Stats. 1959, Ch. 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40519.

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. A deposit of bail under this section does not constitute entry of a plea or a court appearance. A plea of not guilty under this section must be made in court at the 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.
(Amended by Stats. 2009, Ch. 35, Sec. 30. (SB 174) Effective January 1, 2010.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40520.

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.
(Added by Stats. 1998, Ch. 828, Sec. 26. Effective January 1, 1999.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40521.

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 full 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) Paragraph (1) of subdivision (a) of 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.
(Amended by Stats. 2007, Ch. 738, Sec. 52. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 2 - Release Upon Promise to Appear › Section 40522.

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.
(Amended by Stats. 1992, Ch. 258, Sec. 5. Effective January 1, 1993.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 3 - Notice of Violation › Section 40600.

40600. (a) Notwithstanding any other provision of law, a peace officer who has successfully completed a course or courses of instruction, approved by the Commission on Peace Officer Standards and Training, in the investigation of traffic accidents may prepare, in triplicate, on a form approved by the Judicial Council, a written notice to appear when the peace officer has reasonable cause to believe that any person involved in a traffic accident has violated a provision of this code not declared to be a felony or a local ordinance and the violation was a factor in the occurrence of the traffic accident.
(b) A notice to appear shall contain the name and address of the person, the license number of the person’s 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 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.
(c) The preparation and delivery of a notice to appear pursuant to this section is not an arrest.
(d) For purposes of this article, a peace officer has reasonable cause to issue a written notice to appear if, as a result of the officer’s investigation, the officer has evidence, either testimonial or real, or a combination of testimonial and real, that would be sufficient to issue a written notice to appear if the officer had personally witnessed the events investigated.
(e) As used in this section, “peace officer” means any person specified under Section 830.1 or 830.2 of the Penal Code, or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code, with the exception of members of the California National Guard.
(f) A written notice to appear prepared on a form approved by the Judicial Council and issued pursuant to this section shall be accepted by any court.
(Amended by Stats. 2003, Ch. 292, Sec. 12. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 3 - Notice of Violation › Section 40604.

40604. (a) If the person charged with the offense has not signed a promise to appear, no warrant for arrest may be issued following the filing of the written notice to appear issued pursuant to Section 40600, until 15 days after a notice of the filing has been served upon the person by personal delivery or by mail, addressed to the person at the address shown in the accident report.
(b) The notice shall contain the name and address of the person, the license number of the vehicle involved, the name and address, when available, of the registered owner or lessee of the vehicle, the offense shown on the written notice to appear, and the approximate time of the commission of the offense. The notice shall inform the person that, unless he or she appears in the court designated in the notice within 10 days after the service of the notice and answers the charges, a warrant will be issued for his or her arrest.
(c) Proof of service shall be made by the affidavit of any person over 18 years of age making the service showing the time, place, and manner of service and facts showing that the service was made in accordance with this section. If service is made by mail, no warrant for arrest may be issued until 14 days after the deposit of the notice of filing in the mail.
(Amended by Stats. 1992, Ch. 1243, Sec. 107.7. Effective September 30, 1992. Operative January 1, 1993, by Sec. 118 of Ch. 1243.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40610.

40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, crash investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If a person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(4) The violation cited is of subdivision (a) of Section 27151 for a motorcycle.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 595, Sec. 4. (AB 2496) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 5 of Stats. 2022, Ch. 595.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40610.

40610. (a) (1) Except as provided in paragraph (2), if, after an arrest, crash investigation, or other law enforcement action, it appears that a violation has occurred involving a registration, license, all-terrain vehicle safety certificate, or mechanical requirement of this code, and none of the disqualifying conditions set forth in subdivision (b) exist and the investigating officer decides to take enforcement action, the officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency.
(2) If a person is arrested for a violation of Section 4454, and none of the disqualifying conditions set forth in subdivision (b) exist, the arresting officer shall prepare, in triplicate, and the violator shall sign, a written notice containing the violator’s promise to correct the alleged violation and to deliver proof of correction of the violation to the issuing agency. In lieu of issuing a notice to correct violation pursuant to this section, the officer may issue a notice to appear, as specified in Section 40522.
(b) Pursuant to subdivision (a), a notice to correct violation shall be issued as provided in this section or a notice to appear shall be issued as provided in Section 40522, unless the officer finds any of the following:
(1) Evidence of fraud or persistent neglect.
(2) The violation presents an immediate safety hazard.
(3) The violator does not agree to, or cannot, promptly correct the violation.
(c) If any of the conditions set forth in subdivision (b) exist, the procedures specified in this section or Section 40522 are inapplicable, and the officer may take other appropriate enforcement action.
(d) Except as otherwise provided in subdivision (a), the notice to correct violation shall be on a form approved by the Judicial Council and, in addition to the owner’s or operator’s address and identifying information, shall contain an estimate of the reasonable time required for correction and proof of correction of the particular defect, not to exceed 30 days, or 90 days for the all-terrain vehicle safety certificate.
(e) This section shall become operative on January 1, 2027.
(Repealed (in Sec. 4) and added by Stats. 2022, Ch. 595, Sec. 5. (AB 2496) Effective January 1, 2023. Operative January 1, 2027, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40611.

40611. (a) Upon proof of correction of an alleged violation of Section 12500 or 12951, or any violation cited pursuant to Section 40610, or upon submission of evidence of financial responsibility pursuant to subdivision (e) of Section 16028, the clerk shall collect a twenty-five-dollar ($25) transaction fee for each violation. The fees shall be deposited by the clerk in accordance with Section 68084 of the Government Code.
(b) (1) For each citation, ten dollars ($10) shall be allocated monthly as follows:
(A) Thirty-three percent shall be transferred to the local governmental entity in whose jurisdiction the citation was issued for deposit in the general fund of the entity.
(B) Thirty-four percent shall be transferred to the State Treasury for deposit in the State Penalty Fund established by Section 1464 of the Penal Code.
(C) Thirty-three percent shall be deposited in the county general fund.
(2) The remainder of the fees collected on each citation shall be deposited in the State Court Facilities Construction Fund, established in Section 70371 of the Government Code.
(c) No fee shall be imposed pursuant to this section if the violation notice is processed only by the issuing agency and no record of the action is transmitted to the court.
(Amended by Stats. 2021, Ch. 79, Sec. 37. (AB 143) Effective July 16, 2021.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40612.

40612. An exact, legible copy of the notice to correct shall be delivered to the alleged violator at the time he or she signs such notice.
(Added by Stats. 1978, Ch. 1350.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40614.

40614. Any person who signs a notice to correct or a certificate of correction with a false or fictitious name is guilty of a misdemeanor.
(Added by Stats. 1978, Ch. 1350.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40616.

40616. Any person willfully violating a written promise to correct or willfully failing to deliver proof of correction of violation is guilty of a misdemeanor. Proof of correction may consist of a certification by an authorized representative of one of the following agencies that the alleged violation has been corrected:
(a) Brake, lamp, smog device, or muffler violations may be certified as corrected by any station licensed or contracted to inspect and certify for the violation pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code or Section 27150.2.
(b) Driver license and registration violations may be certified as corrected by the Department of Motor Vehicles or by any clerk or deputy clerk of a court.
(c) Any violation may be certified as corrected by a police department, the California Highway Patrol, sheriff, marshal, or other law enforcement agency regularly engaged in enforcement of the Vehicle Code.
(Amended by Stats. 2023, Ch. 681, Sec. 27. (AB 1263) Effective January 1, 2024.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 2 - Procedure on Arrests › ARTICLE 4 - Notice to Correct Violation › Section 40618.

40618. Whenever proof of correction of violation is not received by the issuing agency in accordance with Section 40610, the issuing agency may deliver the signed promise to the court having jurisdiction of the violation with a certification that no proof of correction has been received. If prepared on a form approved by the Judicial Council, the promise under Section 40610, together with the certification under this section, shall constitute a complaint to which the defendant may enter a plea, and upon which a warrant may be issued if the complaint is verified.
(Added by Stats. 1978, Ch. 1350.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40800.

40800. (a) A traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 (commencing with Section 20000) or Division 11 (commencing with Section 21000) shall wear a full distinctive uniform, and if the officer while on duty uses a motor vehicle, it shall be a distinctive color specified by the commissioner.
(b) This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to the theft of a vehicle, failure of a person to stop in the event of an accident, violation of Section 23109 or 23109.1, in reference to a felony charge, or to an officer engaged in serving a warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws.
(Amended by Stats. 2016, Ch. 59, Sec. 9. (SB 1474) Effective January 1, 2017.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40801.

40801. No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40803.

40803. (a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap.
(b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802.
(c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speedtrap as defined in paragraph (2) of subdivision (a) of Section 40802.
(Amended by Stats. 1996, Ch. 124, Sec. 147. Effective January 1, 1997.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40804.

40804. (a) In any prosecution under this code upon a charge involving the speed of a vehicle, an officer or other person shall be incompetent as a witness if the testimony is based upon or obtained from or by the maintenance or use of a speed trap.
(b)  An officer arresting, or participating or assisting in the arrest of, a person so charged while on duty for the exclusive or main purpose of enforcing the provisions of Divisions 10 (commencing with Section 20000) and 11 (commencing with Section 21000) is incompetent as a witness if at the time of that arrest he was not wearing a distinctive uniform, or was using a motor vehicle not painted the distinctive color specified by the commissioner.
(c) This section does not apply to an officer assigned exclusively to the duty of investigating and securing evidence in reference to the theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section 23109 or 23109.1 or in reference to a felony charge or to an officer engaged in serving a warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws.
(Amended by Stats. 2007, Ch. 682, Sec. 19. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40805.

40805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a violation of this code involving the speed of a vehicle if the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40806.

40806. In the event a defendant charged with an offense under this code pleads guilty, the trial court shall not at any time prior to pronouncing sentence receive or consider any report, verbal or written, of any police or traffic officer or witness of the offense without fully informing the defendant of all statements in the report or statement of witnesses, or without giving the defendant an opportunity to make answer thereto or to produce witnesses in rebuttal, and for such purpose the court shall grant a continuance before pronouncing sentence if requested by the defendant.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40807.

40807. No record of any action taken by the department against a person’s privilege to operate a motor vehicle, nor any testimony regarding the proceedings at, or concerning, or produced at, any hearing held in connection with such action, shall be admissible as evidence in any court in any criminal action.
No provision of this section shall in any way limit the admissibility of such records or testimony as is necessary to enforce the provisions of this code relating to operating a motor vehicle without a valid driver’s license or when the driving privilege is suspended or revoked, the admissibility of such records or testimony in any prosecution for failure to disclose any matter at such a hearing when required by law to do so, or the admissibility of such records and testimony when introduced solely for the purpose of impeaching the credibility of a witness.
(Added by Stats. 1977, Ch. 804.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 1 - Prosecutions Under Code › Section 40808.

40808. Subdivision (d) of Section 28 of Article I of the California Constitution shall not be construed as abrogating the evidentiary provisions of this article.
(Added by Stats. 1992, Ch. 538, Sec. 2. Effective January 1, 1993.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 2 - Civil Actions › Section 40830.

40830. In either of the following circumstances a violation of any provision of this code does not establish negligence as a matter of law, but in any civil action under either of the circumstances negligence must be proved as a fact without regard to the violation. The circumstances under which this section applies are either:
(a) Where violation of the provision was required by a law of the federal government or by any rule, regulation, directive or order of any agency of the federal government, the violation of which is subject to penalty under an act of Congress or by any valid order of military authority.
(b) Where violation of the provision was required in order to comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 2 - Civil Actions › Section 40831.

40831. In any civil action proof of speed in excess of any prima facie limit declared in Section 22352 at a particular time and place does not establish negligence as a matter of law but in all such actions it shall be necessary to establish as a fact that the operation of a vehicle at the excess speed constituted negligence.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 2 - Civil Actions › Section 40832.

40832. No record of the suspension or revocation of the privilege to operate a motor vehicle by the department, nor any testimony of or concerning or produced at the hearing terminating in the suspension or revocation, shall be admissible as evidence in any court in any civil action.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 2 - Civil Actions › Section 40833.

40833. Neither the report required by Sections 16000, 16001, 16002, or 16003, the action taken by the department pursuant to Chapter 1 of Division 7 (commencing at Section 16000), the findings, if any, of the department upon which action is based, nor the security filed as provided in that chapter shall be referred to in any way, or be any evidence of the negligence or due care of any party, at the trial of any action at law to recover damages.
(Enacted by Stats. 1959, Ch. 3.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3 - Illegal Evidence › ARTICLE 2 - Civil Actions › Section 40834.

40834. A judgment of conviction for any violation of this code or of any local ordinance relating to the operation of a motor vehicle or a finding reported under Section 1816 shall not be res judicata or constitute a collateral estoppel of any issue determined therein in any subsequent civil action.
(Added by Stats. 1963, Ch. 1530.)
2023 California Code › Vehicle Code - VEH › DIVISION 17 - OFFENSES AND PROSECUTION › CHAPTER 3.5 - Evidence › Section 40900.

40900. Notwithstanding any other provision of law, a verification by telegraph, teletype, facsimile transmission, or any other electronic device, from the department, of ownership of a vehicle registered pursuant to this code, is admissible in evidence as proof of ownership of the vehicle in any proceeding involving a parking violation of this code, or any local parking ordinance adopted pursuant to this code.
(Amended by Stats. 1991, Ch. 13, Sec. 65. Effective February 13, 1991.)