DIVISION 17. OFFENSES AND PROSECUTION [40000.1. - 41610.]
Division 17 enacted by Stats. 1959, Ch. 3.
§§ 40000.1–41610 · 189 sections
CHAPTER 1. Offenses §§ 40000.1–40273 · 101 sections
ARTICLE 1. Violation of Code §§ 40000.1–40008 · 36 sections
- § 40000.1 Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of…
- § 40000.3 A violation expressly declared to be a felony, or a public offense which is punishable, in the discretion of the court, either as a felony or misdemeanor, or a…
- § 40000.5 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 20, relating to false statements. Section 27,…
- § 40000.6 A violation of any of the following is a misdemeanor and not an infraction: (a) Subdivision (b) of Section 1808.1, relating to enrollment in the pull notice…
- § 40000.61 A violation of Section 1808.45, relating to unauthorized disclosure of department records, is a misdemeanor, and not an infraction.
- § 40000.65 A violation of Section 2430.5 or 2432, relating to emergency road service, is a misdemeanor and not an infraction.
- § 40000.7 (a) A violation of any of the following provisions is a misdemeanor, and not an infraction: (1) Section 2416, relating to regulations for emergency vehicles.…
- § 40000.70 A violation of Section 23112.5, relating to notification of an on-highway hazardous material or hazardous waste spill, is a misdemeanor and not an infraction.
- § 40000.77 A violation of Article 7 (commencing with Section 2570) of Chapter 2.5 of Division 2, relating to transportation of school pupils, is a misdemeanor, and not an…
- § 40000.8 A violation of any of the following provisions is a misdemeanor, and not an infraction: Section 9872, relating to the registration of vessels. Section 9872.1,…
- § 40000.9 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 10501, relating to false report of vehicle theft.…
- § 40000.10 A violation of subdivision (a) of Section 12500 shall be punished as follows: (a) Except as provided in subdivision (b), as an infraction by a fine of one…
- § 40000.11 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Division 5 (commencing with Section 11100), relating to…
- § 40000.13 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Section 16560, relating to interstate highway carriers. (b)… see note
- § 40000.14 A violation of subdivision (b) or (c) of Section 21367 is an infraction, except as follows: (a) A willful violation is a misdemeanor. (b) A willful violation…
- § 40000.15 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Subdivision (g), (j), (k), (l), or (m) of Section 22658,…
- § 40000.16 A second or subsequent violation of Section 23114, relating to preventing the escape of materials from vehicles, occurring within two years of a prior…
- § 40000.18 A violation of subdivision (b) of Section 31401 or Section 31402 or 31403, relating to farm labor vehicles, is a misdemeanor and not an infraction.
- § 40000.19 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Section 31303, relating to transportation of hazardous waste. (b)…
- § 40000.20 A third or subsequent violation of Section 23225, relating to the storage of an opened container of an alcoholic beverage, or Section 23223, relating to the…
- § 40000.21 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Subdivision (a) of Section 34506, relating to the hours of service…
- § 40000.22 (a) A violation of subdivision (e) of Section 34501, subdivision (b) or (d) of Section 34501.12, or subdivision (c) of Section 34501.14, relating to…
- § 40000.23 A violation of any of the following provisions is a misdemeanor, and not an infraction: (a) Paragraph (1) of subdivision (c) of Section 35784, relating to…
- § 40000.24 A violation of any of the following provisions shall constitute a misdemeanor and not an infraction: (a) Subdivision (c) of Section 38301.5, relating to…
- § 40000.25 A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Section 40005, relating to owner’s responsibility.…
- § 40000.26 A violation of subdivision (g) of Section 34501.12 or subdivision (d) of Section 34501.14, relating to inspections, is a misdemeanor and not an infraction.
- § 40000.28 Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this code or any local…
- § 40001 (a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to cause the operation of the vehicle upon a…
- § 40002 (a) (1) If there is a violation of Section 40001, an owner or any other person subject to Section 40001, who was not driving the vehicle involved in the…
- § 40002.1 (a) Whenever a person has failed to appear in the court designated in the notice to appear or a verified complaint specified in Section 40002, following…
- § 40003 Whenever an employee is prosecuted for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size,…
- § 40004 (a) The period for commencing criminal action against any person having filed or caused to be filed any false, fictitious, altered, forged or counterfeit…
- § 40005 Whenever a driver is cited for a violation of any provision of this code, or regulations promulgated pursuant to this code, relating to the size, weight,…
- § 40006 Whenever a disabled vehicle, being taken to a repair shop, garage, or other place of storage, is being towed upon a highway by a tow car and the vehicle is…
- § 40007 Division 5 (commencing with Section 11100) does not preclude the application of any other statutory provision which is applicable to any act violating any…
- § 40008 (a) Notwithstanding any other provision of law, except as otherwise provided in subdivision (c), any person who violates Section 21701, 21703, or 23103, with…
ARTICLE 2. Procedure on Equipment and Registration Violations §§ 40150–40152 · 3 sections
- § 40150 Whenever any vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this code, and a notice to…
- § 40151 (a) Whenever any lighting equipment or device does not meet requirements established by the Department of the California Highway Patrol, the officer making the…
- § 40152 (a) Whenever any vehicle or combination of vehicles is found to be not registered as required by this code, and a notice to appear is issued or a complaint is…
ARTICLE 3. Procedure on Parking Violations §§ 40200–40230 · 29 sections
- § 40200 (a) Any violation of any regulation that is not a misdemeanor governing the standing or parking of a vehicle under this code, under any federal statute or…
- § 40200.1 A person shall not be subject to both a notice of parking violation and a notice to appear for the same violation.
- § 40200.3 (a) All parking penalties collected by the processing agency, which may be the issuing agency, including process service fees and fees and collection costs…
- § 40200.4 (a) The processing agency shall deposit with the county treasurer all sums due the county as the result of processing a parking violation not later than 45…
- § 40200.5 (a) Except as provided in subdivision (c) of Section 40200.4, an issuing agency may elect to contract with the county, with a private vendor, or with any other…
- § 40200.6 (a) If a contract is entered into pursuant to Section 40200.5, for the purposes of this article, “processing agency” means the contracting party responsible…
- § 40200.8 The parking processing agency shall notify the department and recall any hold on the registration of a vehicle that it filed with the department in connection…
- § 40202 (a) If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely…
- § 40203 The notice of parking violation shall be accompanied by a written notice of the amount of the parking penalty due for that violation, the address of the person…
- § 40203.5 (a) The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where…
- § 40203.6 (a) In addition to an assessment levied pursuant to any other law, an additional assessment equal to 10 percent of the penalty established pursuant to Section…
- § 40204 (a) If the parking penalty is received by the person authorized to receive the deposit of the parking penalty and there is no contest as to that parking…
- § 40205 If a person contests the parking violation, the processing agency shall proceed in accordance with Section 40215.
- § 40206 (a) If the payment of the parking penalty is not received by the person authorized to receive a deposit of the parking penalty by the date fixed on the notice…
- § 40206.5 (a) Within 15 days of a request, by mail or in person, the processing agency shall mail or otherwise provide to any person who has received a notice of…
- § 40207 (a) The notice of delinquent parking violation shall contain the information specified in subdivision (a) of Section 40202 or subdivision (a) of Section 40248,…
- § 40208 The notice of delinquent parking violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes…
- § 40209 If the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of delinquent parking violation…
- § 40210 (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…
- § 40211 (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 parking violation pursuant…
- § 40215 (a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking…
- § 40220 (a) Except as otherwise provided in Sections 40220.5, 40221, and 40222, the processing agency may proceed under one of the following options in order to…
- § 40220.5 (a) (1) A processing agency may only use the process set forth in Section 4760 to collect unpaid parking penalties that were issued before July 1, 2018, and…
- § 40221 The processing agency shall not file a civil judgment with the court relating to a parking violation which has been filed with the department unless the…
- § 40222 The processing agency shall terminate proceedings on a notice of a delinquent parking violation or violations in all of the following cases: (a) Upon receipt…
- § 40224 The time limitation provided by law for commencement of a civil action for a violation specified in Section 40200 shall be tolled from and after the date a…
- § 40225 (a) An equipment violation entered on the notice of parking violation attached to the vehicle under Section 40203 shall be processed in accordance with this…
- § 40226 An issuing agency may, in lieu of collecting a fine for a citation for failure to display a disabled placard, charge an administrative fee not to exceed…
- § 40230 (a) Within 30 calendar days after the mailing or personal delivery of the final decision described in subdivision (b) of Section 40215, the contestant may seek…
ARTICLE 3.5. Procedure on Video Imaging of Parking Violations Occurring in Transit-Only Lanes §§ 40240–40241 · 3 sections
- § 40240 (a) A public transit operator, as defined in Section 99210 of the Public Utilities Code, may install automated forward facing parking control devices on…
- § 40240.5 (a) A public transit operator, including the Alameda-Contra Costa Transit District, that implements an automated enforcement system to enforce parking…
- § 40241 (a) A designated employee of the local agency, including a contracted law enforcement agency, shall issue a notice of parking violation to the registered owner…
ARTICLE 3.6. Procedure on Photographic Imaging of Parking Violations Occurring in Bicycle Lanes §§ 40245–40248 · 4 sections
- § 40245 (a) A local agency may install automated forward facing parking control devices on city-owned or district-owned parking enforcement vehicles for the purpose of…
- § 40246 (a) A local agency that implements an automated enforcement system to enforce parking violations occurring in bicycle lanes pursuant to this article shall…
- § 40247 (a) A designated employee of a local agency, including a contracted law enforcement agency, shall issue a notice of parking violation to the registered owner…
- § 40248 This article shall remain in effect only until January 1, 2030, and as of that date is repealed.
ARTICLE 4. Procedure on Toll Evasion Violations §§ 40250–40273 · 26 sections
- § 40250 (a) Except where otherwise specifically provided, a violation of a statute, regulation, or ordinance governing the evasion of tolls on toll facilities under…
- § 40251 All toll evasion penalties collected by the processing agency, as defined in Section 40253, including all administrative fees, process service fees, and fees…
- § 40252 (a) An issuing agency may elect to contract with the state, the county, a local authority, or a district organized pursuant to Part 3 (commencing with Section…
- § 40253 If a contract is entered into pursuant to Section 40252, for the purpose of this article, “processing agency” means the party responsible for the processing of…
- § 40254 (a) If a vehicle is found, by automated devices, visual observation, or otherwise, to have evaded tolls on a toll road or toll bridge, and subdivision (d) of…
- § 40255 (a) Within 21 days from the issuance of the notice of toll evasion violation, or within 30 days from the mailing of the notice of delinquent toll evasion,…
- § 40256 (a) Within 20 days after the mailing of the final decision described in subdivision (b) of Section 40255, the contestant may seek review by filing an appeal to…
- § 40257 The notice of toll evasion violation shall be accompanied by a written notice of the toll evasion penalty due for that violation and the address of the person…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 40263 The notice of delinquent toll evasion violation shall contain, or be accompanied with, an affidavit of nonliability and information of what constitutes…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 40269.5 (a) (1) An issuing agency shall make a payment plan option available to a person whose monthly income is 200 percent of the current poverty guidelines, or…
- § 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…
- § 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…
- § 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,…
- § 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…
CHAPTER 2. Procedure on Arrests §§ 40300–40618 · 55 sections
ARTICLE 1. Arrests §§ 40300–40313 · 20 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 40303 (a) Whenever a person is arrested for any of the offenses listed in subdivision (b) and the arresting officer is not required to take the person without…
- § 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…
- § 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…
- § 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…
- § 40305 (a) Whenever a nonresident is arrested for violating any section of this code while driving a motor vehicle and does not furnish satisfactory evidence of…
- § 40305.5 (a) If a nonresident is arrested for violating this code while driving a commercially registered motor vehicle, excluding house cars, with an unladen weight of…
- § 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…
- § 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…
- § 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…
- § 40310 The Judicial Council shall annually adopt a uniform traffic penalty schedule which shall be applicable to all nonparking infractions specified in this code,…
- § 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…
- § 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…
- § 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 2. Release Upon Promise to Appear §§ 40500–40522 · 27 sections
- § 40500 (a) Whenever a person is arrested for any violation of this code not declared to be a felony, or for a violation of an ordinance of a city or county relating…
- § 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…
- § 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…
- § 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…
- § 40504 (a) The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his or her…
- § 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…
- § 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…
- § 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…
- § 40507 A written promise to appear in court may be complied with by an appearance by counsel.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 40512 (a) (1) Except as specified in paragraph (2) and subdivision (b), if at the time the case is called for arraignment before the magistrate the defendant does…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 40518 (a) Whenever a written notice to appear has been issued by a peace officer or by a qualified employee of a law enforcement agency on a form approved by the…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Notice of Violation §§ 40600–40604 · 2 sections
- § 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…
- § 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…
ARTICLE 4. Notice to Correct Violation §§ 40610–40618 · 6 sections
- § 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…
- § 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…
- § 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.
- § 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.
- § 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…
- § 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…
CHAPTER 3. Illegal Evidence §§ 40800–40834 · 14 sections
ARTICLE 1. Prosecutions Under Code §§ 40800–40808 · 9 sections
- § 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…
- § 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…
- § 40802 (a) A “speed trap” is either of the following: (1) A particular section of a highway measured as to distance and with boundaries marked, designated, or…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
ARTICLE 2. Civil Actions §§ 40830–40834 · 5 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3.5. Evidence §§ 40900–40903 · 4 sections
- § 40900 Notwithstanding any other provision of law, a verification by telegraph, teletype, facsimile transmission, or any other electronic device, from the department,…
- § 40901 (a) A court, pursuant to this section, may by rule provide for the trial of any alleged infraction involving a violation of this code or any local ordinance…
- § 40902 (a) (1) The court , pursuant to this section, shall, by rule, provide that the defendant may elect to have a trial by written declaration upon any alleged…
- § 40903 (a) Any person who fails to appear as provided by law may be deemed to have elected to have a trial by written declaration upon any alleged infraction, as…
CHAPTER 4. Presumptions §§ 41100–41104 · 3 sections
- § 41100 In any action involving the question of unlawful speed of a vehicle upon a highway which has been signposted with speed restriction signs of a type complying…
- § 41101 (a) Whenever a traffic sign or traffic control device is placed in a position approximately conforming to the requirements of this code, it shall be presumed…
- § 41104 In any case, involving an accident or otherwise, where any rear component of a train of vehicles fails to follow substantially in the path of the towing…
CHAPTER 5. Defenses §§ 41400–41403 · 4 sections
- § 41400 Whenever any person is charged with a violation of this code, it is a sufficient defense to such charge if it appears that in a criminal prosecution in another…
- § 41401 No person shall be prosecuted for a violation of any provision of this code if the violation was required by a law of the federal government, by any rule,…
- § 41402 No person shall be prosecuted for a violation of any provision of this code when violation of such provision is required in order to comply with any…
- § 41403 (a) In any proceedings to have a judgment of conviction of a violation of Section 14601, 14601.1, 14601.2, 23152, or 23153, or Section 23103 as specified in…
CHAPTER 6. Nonprosecution of Violations §§ 41500–41501 · 2 sections
- § 41500 (a) A person shall not be subject to prosecution for a nonfelony offense arising out of the operation of a motor vehicle or violation of this code as a…
- § 41501 (a) After a deposit of bail and bail forfeiture, a plea of guilty or no contest, or a conviction, the court may order a continuance of a proceeding against a…
CHAPTER 7. Arrest Quotas §§ 41600–41603 · 5 sections
- § 41600 For purposes of this chapter, “arrest quota” means any requirement regarding the number of arrests made, or the number of citations issued, by a peace officer,…
- § 41601 For purposes of this chapter, “citation” means a notice to appear, notice of violation, or notice of parking violation.
- § 41601.5 For purposes of this chapter, “agency” includes the Regents of the University of California.
- § 41602 No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code or any local ordinance adopted…
- § 41603 No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or…
CHAPTER 8. Consolidated Disposition § 41610 · 1 section
- § 41610 (a) Whenever a person who is in custody enters a guilty plea to an infraction or misdemeanor under this code and there is outstanding any warrant of arrest for…