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.
Chapter 3.5Evidence
Section § 40900
This law allows electronic verification of vehicle ownership to be used as evidence in cases involving parking violations. So, if there's an issue with a parking ticket, a digital proof from the department like a fax or email confirming who owns the vehicle is valid evidence in court.
electronic verification vehicle ownership proof parking violation evidence digital proof department confirmation fax verification email verification parking ticket disputes court evidence local parking ordinance admissible evidence ownership verification teletype transmission facsimile ownership proof telegraph verification
Section § 40901
This law allows courts to set rules for handling traffic law violations or local ordinance infractions. These rules can use notices to appear or business records as evidence even if it doesn't follow typical evidence rules. Before a defendant gives up constitutional rights like facing or summoning witnesses and having a lawyer, the court must explain these rights in writing and ensure the defendant is knowingly waiving them. In areas with a significant non-English-speaking population, explanations must be available in the relevant language. The court must still follow legal standards for evidence and can create other legal rules as needed.
(a)CA Vehicle Code § 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 adopted pursuant to this code.
(b)CA Vehicle Code § 40901(b) The rules governing the trials may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500 and, notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, a business record or receipt.
(c)CA Vehicle Code § 40901(c) Prior to the entry of a waiver of constitutional right pursuant to any rules adopted under this section, the court shall inform the defendant in writing of the nature of the proceedings and of his or her right to confront and cross-examine witnesses, to subpoena witnesses on his or her behalf, and to hire counsel at his or her own expense. The court shall ascertain that the defendant knowingly and voluntarily waives his or her right to be confronted by the witnesses against him or her, to subpoena witnesses in his or her behalf, and to hire counsel on his or her behalf before proceeding.
(d)CA Vehicle Code § 40901(d) In any jurisdiction with a non-English speaking population exceeding 5 percent of the total population of the jurisdiction in any one language, a written explanation of the procedures and rights under this section shall be available in that language.
(e)CA Vehicle Code § 40901(e) Except as set forth above, nothing contained herein shall be interpreted to permit the submission of evidence other than in accordance with the law, nor to prevent courts from adopting other rules to provide for trials in accordance with the law.
traffic infractions local ordinance violations trial procedures notice to appear evidence rules constitutional rights waiver defendant rights non-English explanations witness confrontation subpoena witnesses business records right to counsel jurisdiction language requirements court rules legal evidence submission
Section § 40902
In California, if you're charged with a traffic infraction (except for DUI-related infractions), you can choose to have your trial through a written declaration, which means you can handle your case through writing instead of appearing in court in person. The Judicial Council sets the rules for how these written trials work.
If you choose this option, you'll need to submit the bail amount when you file your written statement. If the court finds you not guilty or dismisses your charges, you'll get your bail money back.
During these written trials, evidence can be submitted in various forms such as a ticket, business record, officer's sworn statement, or a letter from you. If you're unhappy with the decision, you're entitled to request a new trial (trial de novo) where you can present your case again.
(a)Copy CA Vehicle Code § 40902(a)
(1)Copy CA Vehicle Code § 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 infraction, as charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11.
(2)CA Vehicle Code § 40902(a)(2) The Judicial Council may adopt rules and forms governing trials by declaration in accordance with this section. Any rule or form adopted by the Judicial Council pursuant to this paragraph shall supersede any local rule of a court adopted pursuant to paragraph (1).
(b)CA Vehicle Code § 40902(b) If the defendant elects to have a trial by written declaration, the defendant shall, at the time of submitting that declaration, submit bail in the amount established in the uniform traffic penalty schedule pursuant to Section 40310. If the defendant is found not guilty or if the charges are otherwise dismissed, the amount of the bail shall be promptly refunded to the defendant.
(c)CA Vehicle Code § 40902(c) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, the rules governing trials by written declaration may provide for testimony and other relevant evidence to be introduced in the form of a notice to appear issued pursuant to Section 40500, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.
(d)CA Vehicle Code § 40902(d) If the defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo.
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Section § 40903
If someone doesn't show up in court for a traffic infraction, they might automatically have their case decided through written documents instead of a live trial. This applies to violations of traffic laws or local rules related to traffic. A variety of documents and statements, such as the initial ticket, notices for parking infractions, sworn officer declarations, or statements from the defendant, can be used as evidence in these cases.
(a)CA Vehicle Code § 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 charged by the citing officer, involving a violation of this code or any local ordinance adopted pursuant to this code.
(b)CA Vehicle Code § 40903(b) Notwithstanding Division 10 (commencing with Section 1200) of the Evidence Code, testimony and other relevant evidence may be introduced in the form of a notice to appear issued pursuant to Section 40500, a notice of parking violation issued pursuant to Section 40202, a notice of delinquent parking violation issued pursuant to Section 40206, a business record or receipt, a sworn declaration of the arresting officer, or a written statement or letter signed by the defendant.
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