CHAPTER 2. Procedure on Arrests [40300. - 40618.]

Chapter 2 enacted by Stats. 1959, Ch. 3.

§§ 40300–40618 · 55 sections

1. 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…
2. 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…
3. 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…
4. 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…