Chapter 6Nonprosecution of Violations

Section § 41500

Explanation

This law says that if someone is in jail or prison, they won't be prosecuted for traffic offenses or pedestrian violations that happened before they were locked up. During this time, their driver's license won't be suspended, and they can still get a new one if needed. Also, any pending records related to these offenses should be cleared once evidence is shown that the person is serving time. However, this doesn't apply if the offense requires immediate license suspension upon conviction, or if the person committed the offense while on parole, temporarily released, or it involves serious traffic violations like reckless driving or driving under the influence.

(a)CA Vehicle Code § 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 pedestrian that is pending against them at the time of their commitment to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or to a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code.
(b)CA Vehicle Code § 41500(b) Notwithstanding any other law, a driver’s license shall not be suspended or revoked, and the issuance or renewal of a license shall not be refused as a result of a pending nonfelony offense occurring prior to the time a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, or as a result of a notice received by the department pursuant to subdivision (a) of former Section 40509 when the offense that gave rise to the notice occurred prior to the time a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or the Division of Juvenile Justice of the Department of Corrections and Rehabilitation.
(c)CA Vehicle Code § 41500(c) The department shall remove from its records notice received by it pursuant to subdivision (a) of former Section 40509 upon receipt of satisfactory evidence that a person was committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, or a county jail pursuant to subdivision (h) of Section 1170 of the Penal Code, after the offense that gave rise to the notice occurred.
(d)CA Vehicle Code § 41500(d) The provisions of this section shall not apply to a nonfelony offense if the department is required by this code to immediately revoke or suspend the privilege of a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of a court showing that the person has been convicted of that nonfelony offense.
(e)CA Vehicle Code § 41500(e) The provisions of subdivisions (a), (b), and (c) do not apply to an offense committed by a person while that person is temporarily released from custody pursuant to law or while they are on parole or postrelease community supervision.
(f)CA Vehicle Code § 41500(f) The provisions of subdivisions (a), (b), and (c) do not apply if the pending offense is a violation of Section 23103, 23152, or 23153.
nonfelony traffic offense pedestrian violation license suspension Department of Corrections Juvenile Justice system pending prosecution driver's license renewal removal from records court conviction temporary release parole conditions serious driving offense reckless driving DUI violations postrelease community supervision
(Amended by Stats. 2022, Ch. 800, Sec. 25. (AB 2746) Effective January 1, 2023.)

Section § 41501

Explanation

If you get a ticket for breaking a vehicle safety law, after paying the bail or pleading guilty, the court might allow you to take a traffic school class instead of proceeding with the penalty. This is only an option if it's your only traffic conviction in 18 months, and they will keep this record confidential. However, this doesn't apply to more serious offenses that are listed in another section of the law. The rule has been in effect since July 1, 2011.

(a)CA Vehicle Code § 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 person, who receives a notice to appear in court for a violation of a statute relating to the safe operation of a vehicle, in consideration for successful completion of a course of instruction at a licensed school for traffic violators and pursuant to Section 1803.5 or 42005, the court may order that the conviction be held confidential by the department in accordance with Section 1808.7. The court shall notify a person that only one conviction within 18 months will be held confidential.
(b)CA Vehicle Code § 41501(b) Subdivision (a) does not apply to a person who receives a notice to appear as to, or is otherwise charged with, a violation of an offense described in subdivisions (a) to (e), inclusive, of Section 12810.
(c)CA Vehicle Code § 41501(c) This section shall become operative on July 1, 2011.
traffic violation bail forfeiture guilty plea no contest plea traffic school confidential conviction vehicle safety violation notice to appear Section 1803.5 Section 42005 Section 1808.7 confidentiality one conviction every 18 months serious traffic offenses traffic record July 1 2011 effective date
(Amended (as added by Stats. 2010, Ch. 599) by Stats. 2011, Ch. 296, Sec. 311. (AB 1023) Effective January 1, 2012.)