Section § 40300

Explanation

This law explains that when peace officers make arrests for crimes they directly observe, they must follow the specific rules in this chapter. However, this doesn't mean other legal methods for arresting and prosecuting similar offenses can't be used.

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 presence, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

Section § 40300.2

Explanation

This law states that if someone is arrested for certain traffic violations, the paperwork given to them, like a complaint or court appearance notice, must specify if the vehicle involved was a commercial motor vehicle. A commercial motor vehicle has a specific definition under another section of the law.

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 complaint, notice to appear in court, or other notice of violation, shall indicate whether the vehicle involved in the offense is a commercial motor vehicle, as defined in subdivision (b) of Section 15210.

Section § 40300.5

Explanation

This law says that a police officer can arrest someone without a warrant if they suspect that person has been driving under the influence of alcohol or drugs. Here's when this can happen: if the person was in a car crash; if they are in a vehicle blocking the road; if they might escape if not arrested right away; if they could hurt themselves or damage things if not arrested; or if they might hide or destroy evidence of their crime if not arrested immediately.

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 may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists:
(a)CA Vehicle Code § 40300.5(a) The person is involved in a traffic crash.
(b)CA Vehicle Code § 40300.5(b) The person is observed in or about a vehicle that is obstructing a roadway.
(c)CA Vehicle Code § 40300.5(c) The person will not be apprehended unless immediately arrested.
(d)CA Vehicle Code § 40300.5(d) The person may cause injury to themselves or damage property unless immediately arrested.
(e)CA Vehicle Code § 40300.5(e) The person may destroy or conceal evidence of the crime unless immediately arrested.

Section § 40300.6

Explanation

Section 40300.6 emphasizes that Section 40300.5 should be interpreted broadly to ensure safety on the roads and to effectively manage incidents of driving under the influence. This means that arrests related to DUIs can be made a reasonable distance and time from where the traffic accident occurred.

Additionally, this section clarifies that its introduction in the 1985-86 legislative session doesn't change the existing law, but rather explains what the law already meant.

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 in order to permit arrests to be made pursuant to that section within a reasonable time and distance away from the scene of a traffic crash.
The enactment of this section during the 1985–86 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law.

Section § 40301

Explanation

If someone is arrested for breaking a law in this code that's considered a felony, they'll be treated just like someone arrested for any other type of felony crime. This means the same procedures will apply.

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 as upon arrest for the commission of any other felony.

Section § 40302

Explanation

When someone is arrested for a non-felony traffic violation, they usually need to be taken to a magistrate in the county where the violation happened, without delay. This is required if the arrested person does not show ID and their face for checking, refuses to promise in writing to appear in court, demands to see a magistrate right away, or is charged with drunk driving under Section 23152.

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 before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made in any of the following cases:
(a)CA Vehicle Code § 40302(a) When the person arrested fails to present both his or her driver’s license or other satisfactory evidence of his or her identity and an unobstructed view of his or her full face for examination.
(b)CA Vehicle Code § 40302(b) When the person arrested refuses to give his or her written promise to appear in court.
(c)CA Vehicle Code § 40302(c) When the person arrested demands an immediate appearance before a magistrate.
(d)CA Vehicle Code § 40302(d) When the person arrested is charged with violating Section 23152.

Section § 40302.5

Explanation

If a person under 18 years old is caught for a traffic offense and isn't immediately taken to a judge, they must be placed in the custody of a probation officer. The probation officer will hold them in juvenile hall until they can appear before a judge. However, if the minor is charged with an offense that doesn't involve driving, they can't be detained just for not having a driver's license.

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 magistrate, he shall be delivered to the custody of the probation officer. Unless sooner released, the probation officer shall keep the minor in the juvenile hall pending his appearance before a magistrate. When a minor is cited for an offense not involving the driving of a motor vehicle, the minor shall not be taken into custody pursuant to subdivision (a) of Section 40302 solely for failure to present a driver’s license.

Section § 40303

Explanation

This law outlines procedures an arresting officer must follow if they arrest someone for certain vehicle-related offenses. Typically, the officer can either give the person a 10-day notice to appear in court or take them to a magistrate quickly. If the person cannot provide satisfactory ID, they may need to leave a thumbprint on the notice, but this is protected for law enforcement use only.

The law applies to offenses like tampering with vehicles, reckless driving, failing to comply with vehicle inspections, hit-and-run accidents, driving with a suspended license, resisting arrest, violating certain pedestrian rules, riding a bike or scooter while intoxicated, and more. If someone disputes a charge, they can submit a thumbprint for comparison at their local police station, potentially leading to a 'factual innocence' finding if the print doesn't match the notice. The law also provides a process if agencies don't respond promptly to identity disputes, which can affect driving privileges.

(a)CA Vehicle Code § 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 unnecessary delay before a magistrate, the arrested person shall, in the judgment of the arresting officer, either be given a 10 days’ notice to appear, or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made. The officer may require that the arrested person, if he or she does not have satisfactory identification, place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the 10 days’ notice to appear when a 10 days’ notice is provided. Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print.
(b)CA Vehicle Code § 40303(b) Subdivision (a) applies to the following offenses:
(1)CA Vehicle Code § 40303(b)(1) Section 10852 or 10853, relating to injuring or tampering with a vehicle.
(2)CA Vehicle Code § 40303(b)(2) Section 23103 or 23104, relating to reckless driving.
(3)CA Vehicle Code § 40303(b)(3) Subdivision (a) of Section 2800, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to an inspection or test of the lights upon the vehicle pursuant to Section 2804, that is punishable as a misdemeanor.
(4)CA Vehicle Code § 40303(b)(4) Subdivision (a) of Section 2800, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to a brake test that is punishable as a misdemeanor.
(5)CA Vehicle Code § 40303(b)(5) Subdivision (a) of Section 2800, relating to the refusal to submit vehicle and load to an inspection, measurement, or weighing as prescribed in Section 2802 or a refusal to adjust the load or obtain a permit as prescribed in Section 2803.
(6)CA Vehicle Code § 40303(b)(6) Subdivision (a) of Section 2800, insofar as it relates to a driver who continues to drive after being lawfully ordered not to drive by a member of the Department of the California Highway Patrol for violating the driver’s hours of service or driver’s log regulations adopted pursuant to subdivision (a) of Section 34501.
(7)CA Vehicle Code § 40303(b)(7) Subdivision (b), (c), or (d) of Section 2800, relating to a failure or refusal to comply with a lawful out-of-service order.
(8)CA Vehicle Code § 40303(b)(8) Section 20002 or 20003, relating to duties in the event of an accident.
(9)CA Vehicle Code § 40303(b)(9) Section 23109, relating to participating in a speed contest or exhibition of speed.
(10)CA Vehicle Code § 40303(b)(10) Section 14601, 14601.1, 14601.2, or 14601.5, relating to driving while the privilege to operate a motor vehicle is suspended or revoked.
(11)CA Vehicle Code § 40303(b)(11) When the person arrested has attempted to evade arrest.
(12)CA Vehicle Code § 40303(b)(12) Section 23332, relating to persons upon vehicular crossings.
(13)CA Vehicle Code § 40303(b)(13) Section 2813, relating to the refusal to stop and submit a vehicle to an inspection of its size, weight, and equipment.
(14)CA Vehicle Code § 40303(b)(14) Section 21461.5, insofar as it relates to a pedestrian who, after being cited for a violation of Section 21461.5, is, within 24 hours, again found upon the freeway in violation of Section 21461.5 and thereafter refuses to leave the freeway after being lawfully ordered to do so by a peace officer and after having been informed that his or her failure to leave could result in his or her arrest.
(15)CA Vehicle Code § 40303(b)(15) Subdivision (a) of Section 2800, insofar as it relates to a pedestrian who, after having been cited for a violation of subdivision (a) of Section 2800 for failure to obey a lawful order of a peace officer issued pursuant to Section 21962, is within 24 hours again found upon the bridge or overpass and thereafter refuses to leave after being lawfully ordered to do so by a peace officer and after having been informed that his or her failure to leave could result in his or her arrest.
(16)CA Vehicle Code § 40303(b)(16) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or a drug.
(17)CA Vehicle Code § 40303(b)(17) Section 21221.5, relating to operating a motorized scooter while under the influence of an alcoholic beverage or a drug.
(c)Copy CA Vehicle Code § 40303(c)
(1)Copy CA Vehicle Code § 40303(c)(1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)CA Vehicle Code § 40303(c)(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)CA Vehicle Code § 40303(c)(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4)CA Vehicle Code § 40303(c)(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court finds that a finding of factual innocence is not in the interest of justice.
(5)CA Vehicle Code § 40303(c)(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.

Section § 40303.5

Explanation

If you're arrested for certain infractions in California, like registration issues or problems with your driver's license or vehicle equipment, the officer can let you promise to fix the problem instead of arresting you right away. This option isn't available if specific disqualifying conditions exist.

The infractions that qualify for this promise-to-correct option include things like registration infractions, driver’s license infractions, bicycle equipment issues, vehicle equipment infractions, and several vessel-related offenses such as expired registration or missing identification numbers.

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 accordance with the provisions of Section 40610 unless the arresting officer finds that any of the disqualifying conditions specified in subdivision (b) of Section 40610 exist:
(a)CA Vehicle Code § 40303.5(a) A registration infraction set forth in Division 3 (commencing with Section 4000).
(b)CA Vehicle Code § 40303.5(b) A driver’s license infraction set forth in Division 6 (commencing with Section 12500), and subdivision (a) of Section 12951, relating to possession of a driver’s license.
(c)CA Vehicle Code § 40303.5(c) Section 21201, relating to bicycle equipment.
(d)CA Vehicle Code § 40303.5(d) Subdivision (a) of Section 21212.
(e)CA Vehicle Code § 40303.5(e) An infraction involving equipment set forth in Division 12 (commencing with Section 24000), Division 13 (commencing with Section 29000), Division 14.8 (commencing with Section 34500), Division 16 (commencing with Section 36000), Division 16.5 (commencing with Section 38000), and Division 16.7 (commencing with Section 39000).
(f)CA Vehicle Code § 40303.5(f) Section 2482, relating to registration decals for vehicles transporting inedible kitchen grease.
(g)CA Vehicle Code § 40303.5(g) Section 9850, relating to expired vessel registration.
(h)CA Vehicle Code § 40303.5(h) Section 9853.2, relating to the display of vessel identification numbers.
(i)CA Vehicle Code § 40303.5(i) Section 678.11 of the Harbors and Navigation Code, relating to possessing a vessel operator card.
(j)CA Vehicle Code § 40303.5(j) Subparagraph (a) or (c) of Section 190.00 of Title 13 of the California Code of Regulations, relating to the display of vessel identification numbers.
(k)CA Vehicle Code § 40303.5(k) Section 190.01 of Title 13 of the California Code of Regulations, relating to vessel registration stickers.
(l)CA Vehicle Code § 40303.5(l) Section 6565.8 of Title 14 of the California Code of Regulations, relating to personal floatation devices on vessels.
(m)CA Vehicle Code § 40303.5(m) Section 6569 of Title 14 of the California Code of Regulations, relating to serviceable fire extinguishers on vessels.
(n)CA Vehicle Code § 40303.5(n) Section 6572 of Title 14 of the California Code of Regulations, relating to markings on fire extinguishers on vessels.

Section § 40304

Explanation

If a person is arrested by the California Highway Patrol for breaking a vehicle law that counts as a misdemeanor but isn't listed specifically in the law books, the officer has two options. They can either give the person a notice to appear in court within 10 days or take them directly to a local judge without delay. This judge must be the closest one in the county where the offense happened or, if the arrested person requests, a judge within the district where the offense occurred.

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 use of the highways declared to be a misdemeanor but which offense is not specified in this code, he shall, in the judgment of the arresting officer, either be given a 10-day notice to appear in the manner provided in this chapter or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, or, upon demand of the person arrested, before a magistrate in the judicial district in which the offense is alleged to have been committed.

Section § 40304.5

Explanation

If someone is taken into custody for having one or two outstanding warrants due to not showing up for a parking ticket or a traffic infraction, they should be immediately allowed to pay bail without being booked or having an arrest record made. This applies if the bail amount is easily found on the warrant or a set schedule.

If the person has enough cash, they should be allowed to pay right away. If not, they should be told their rights and given the chance to make at least three phone calls and have at least three hours to arrange for bail payment.

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 to appear on a citation for a parking offense or a traffic infraction, the person shall be provided the opportunity immediately to post bail, and shall not be booked, photographed, or fingerprinted, nor shall an arrest record be made, when the amount of bail required to be paid on the warrant may be ascertained by reference to the face thereof or to a fixed schedule of bail, unless and until all of the following requirements have been exhausted:
(a)CA Vehicle Code § 40304.5(a) If the person has sufficient cash in his or her possession, that person shall be given the opportunity immediately to post bail with the person in charge of the jail or his or her designee.
(b)CA Vehicle Code § 40304.5(b) If the person does not have sufficient cash in his or her possession, that person shall be informed of his or her rights and given the opportunity to do all of the following:
(1)CA Vehicle Code § 40304.5(b)(1) Make not less than three completed telephone calls to obtain bail. The person shall be permitted the use of the police or sheriff’s department telephone to make not less than three completed local or collect long-distance telephone calls to obtain bail.
(2)CA Vehicle Code § 40304.5(b)(2) Have not less than three hours in which to arrange for the deposit of bail.

Section § 40305

Explanation

If a nonresident is arrested for a traffic violation in California and can't provide ID or a local address, they might be taken to a judge immediately. If that's not possible, they may have to leave a thumbprint on their ticket. This print can't be used for anything other than confirming their identity.

If someone claims they're not the person cited, they can submit a thumbprint for comparison. If there's a mismatch or no print was originally taken, the case might go back to authorities for investigation, pausing the trial for 45 days.

If the authorities don't respond in that time, the court can declare the person factually innocent. This ensures any driver’s license suspension related to the charge is lifted.

(a)CA Vehicle Code § 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 identity and an address within this state at which he or she can be located, he or she may, in the discretion of the arresting officer, be taken immediately before a magistrate within the county where the offense charged is alleged to have been committed, and who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made. If the magistrate is not available at the time of the arrest and the arrested person is not taken before any other person authorized to receive a deposit of bail, and if the arresting officer does not have the authority or is not required to take the arrested person before a magistrate or other person authorized to receive a deposit of bail by some other provision of law, the officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear as provided in Article 2 (commencing with Section 40500).
Except for law enforcement purposes relating to the identity of the arrestee, no person or entity may sell, give away, allow the distribution of, include in a database, or create a database with, this print.
(b)Copy CA Vehicle Code § 40305(b)
(1)Copy CA Vehicle Code § 40305(b)(1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. When there is no thumbprint or fingerprint on the notice to appear, or when the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy thereof back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)CA Vehicle Code § 40305(b)(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)CA Vehicle Code § 40305(b)(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4)CA Vehicle Code § 40305(b)(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court determines that a finding of factual innocence is not in the interest of justice.
(5)CA Vehicle Code § 40305(b)(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.

Section § 40305.5

Explanation

If a nonresident driving a large commercial vehicle is arrested for a traffic violation in California and can't provide a local address, the officer can accept a special bail bond certificate instead of arresting them, as long as they promise to appear in court. This certificate guarantees payment if the person doesn't show up and contains details like the issuer and exclusions. Associations of motor carriers can issue these certificates if they meet specific criteria. The bond must be registered and ensures a $50,000 backing for unpaid fines. People can dispute their identity with the court by submitting a thumbprint. If the agency or prosecutor doesn't respond in time, the court may declare the person factually innocent, affecting things like driver's license suspensions. Certain violations, like driving under the influence or without a license, aren't covered by this arrangement.

(a)CA Vehicle Code § 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 7,000 pounds or more, and does not furnish satisfactory evidence of identity and an address within this state at which he or she can be located, the arresting officer may, in lieu of the procedures set forth in Section 40305, accept a guaranteed traffic arrest bail bond certificate, and the nonresident shall be released from custody upon giving a written promise to appear as provided in Article 2 (commencing with Section 40500). The officer may require the arrested person, if he or she has no satisfactory identification, to place a right thumbprint, or a left thumbprint or fingerprint if the person has a missing or disfigured right thumb, on the notice to appear as provided in Article 2 (commencing with Section 45000). Except for law enforcement purposes relating to the identity of the arrestee, a person or entity shall not sell, give away, allow the distribution of, include in a database, or create a database with, this print.
(b)CA Vehicle Code § 40305.5(b) Every guaranteed traffic arrest bail bond certificate shall contain all of the following information:
(1)CA Vehicle Code § 40305.5(b)(1) The name and address of the surety and of the issuer, if other than the surety.
(2)CA Vehicle Code § 40305.5(b)(2) The name, address, driver’s license number and signature of the individual covered by the certificate.
(3)CA Vehicle Code § 40305.5(b)(3) The maximum amount guaranteed.
(4)CA Vehicle Code § 40305.5(b)(4) Exclusions from coverage.
(5)CA Vehicle Code § 40305.5(b)(5) A statement that the issuing company guarantees the appearance of a person to whom a guaranteed traffic arrest bail bond certificate is issued and, in the event of the failure of the person to appear in court at the time of trial, the issuing company shall pay any fine or forfeiture imposed on the person, not to exceed the amount stated on the certificate.
(6)CA Vehicle Code § 40305.5(b)(6) The expiration date of the certificate.
(c)CA Vehicle Code § 40305.5(c) A guaranteed traffic arrest bail bond certificate may be issued by a surety admitted in this state. The certificate may also be issued by an association of motor carriers if all of the following conditions are met:
(1)CA Vehicle Code § 40305.5(c)(1) The association is incorporated, or authorized to do business, in this state.
(2)CA Vehicle Code § 40305.5(c)(2) The association is covered by a guaranteed traffic arrest bail bond issued by a surety admitted in this state.
(3)CA Vehicle Code § 40305.5(c)(3) The association agrees to pay fines or bail assessed against the guaranteed traffic arrest bail bond certificate.
(4)CA Vehicle Code § 40305.5(c)(4) The surety guarantees payment of fines or bail assessed against the guaranteed traffic arrest bail bond certificates issued by the association.
(d)CA Vehicle Code § 40305.5(d) The arresting officer shall file the guaranteed traffic arrest bail bond certificate with the notice to appear required to be filed by Section 40506.
(e)CA Vehicle Code § 40305.5(e) A “guaranteed traffic arrest bail bond certificate” is a document that guarantees the payment of fines or bail assessed against an individual for violation of this code, except driving while under the influence of alcohol or drugs, driving without a license or driving with a suspended or revoked license, operating a motor vehicle without the permission of the owner, or any violation punishable as a felony.
(f)CA Vehicle Code § 40305.5(f) A “guaranteed traffic arrest bail bond” is a bond issued by a surety guaranteeing the obligations of the issuer of guaranteed traffic arrest bail bond certificates. The bond shall be in the amount of fifty thousand dollars ($50,000) and shall be filed with the Secretary of State. Any court in this state may assess against the surety the amount of covered fines or bail that the issuer of a guaranteed traffic arrest bail bond certificate fails to pay.
(g)Copy CA Vehicle Code § 40305.5(g)
(1)Copy CA Vehicle Code § 40305.5(g)(1) A person contesting a charge by claiming under penalty of perjury not to be the person issued the notice to appear may choose to submit a right thumbprint, or a left thumbprint if the person has a missing or disfigured right thumb, to the issuing court through his or her local law enforcement agency for comparison with the one placed on the notice to appear. A local law enforcement agency providing this service may charge the requester no more than the actual costs. The issuing court may refer the thumbprint submitted and the notice to appear to the prosecuting attorney for comparison of the thumbprints. If there is no thumbprint or fingerprint on the notice to appear or the comparison of thumbprints is inconclusive, the court shall refer the notice to appear or copy of the notice to appear back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice.
(2)CA Vehicle Code § 40305.5(g)(2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days.
(3)CA Vehicle Code § 40305.5(g)(3) Upon receipt of the issuing agency’s or prosecuting attorney’s response, the court may make a finding of factual innocence pursuant to Section 530.6 of the Penal Code if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person’s driving privilege, the department shall immediately set aside the action.
(4)CA Vehicle Code § 40305.5(g)(4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6 of the Penal Code, unless the court determines that a finding of factual innocence is not in the interest of justice.
(5)CA Vehicle Code § 40305.5(g)(5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found.

Section § 40306

Explanation

If someone is arrested for a minor crime or violation in California and taken directly to a judge, the arresting officer must file a complaint that states what the person is charged with. The arrested person has the right to delay the proceedings for at least five days to prepare their case. They aren't required to enter a plea or stand trial during that period unless they agree to do so either in writing or openly in court. Additionally, the person should be released from custody either on their own promise to appear or by posting bail as determined by the judge.

(a)CA Vehicle Code § 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 complaint stating the offense with which the person is charged.
(b)CA Vehicle Code § 40306(b) The person taken before a magistrate shall be entitled to at least five days continuance of his case in which to plead and prepare for trial and the person shall not be required to plead or be tried within the five days unless he waives such time in writing or in open court.
(c)CA Vehicle Code § 40306(c) The person taken before a magistrate shall thereupon be released from custody upon his own recognizance or upon such bail as the magistrate may fix.

Section § 40307

Explanation

If someone is arrested for a minor traffic offense and the magistrate isn't available, the police officer must take them to either the magistrate's clerk or the person in charge of the nearest jail. The clerk or jail officer can either set a bail according to a preset schedule or allow the person to leave with a promise they'll show up in court. Additionally, if the arrest is related to driving, the officer in charge at the jail can keep the person for up to two hours to verify their identity.

(a)CA Vehicle Code § 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 authorized to act for him or her is not available, the arresting officer shall take the person arrested, without unnecessary delay, before one of the following:
(1)CA Vehicle Code § 40307(a)(1) The clerk of the magistrate, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code.
(2)CA Vehicle Code § 40307(a)(2) The officer in charge of the most accessible county or city jail or other place of detention within the county, who shall admit the person to bail for the full amount set for the offense in a schedule fixed as provided in Section 1269b of the Penal Code or may, in lieu of bail, release the person on his or her written promise to appear as provided in subdivisions (a) to (f), inclusive, of Section 853.6 of the Penal Code.
(b)CA Vehicle Code § 40307(b) Whenever a person is taken into custody pursuant to subdivision (a) of Section 40302 and is arrested for a misdemeanor or infraction of this code pertaining to the operation of a motor vehicle, the officer in charge of the most accessible county or city jail or other place of detention within the county may detain the person arrested for a reasonable period of time, not to exceed two hours, in order to verify his or her identity.

Section § 40309

Explanation

If you receive a parking ticket in line with certain rules, or a late notice for an unpaid ticket, you can mail the fine to the correct person who handles these payments. However, your payment only counts once it's actually received. Just because you mail it doesn't mean it's automatically counted as received. Also, there's another rule (Section 40512) that applies to these payment situations.

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 Section 40206, the amount fixed as a parking penalty for the violation charged may be forwarded by United States mail to the person authorized to receive a deposit of the parking penalty. Payment of a parking penalty forwarded by mail is effective only when actually received, and the presumption that a letter duly directed and mailed was received does not apply. Section 40512 is applicable to a parking penalty posted pursuant to this section.

Section § 40310

Explanation

Every year, the Judicial Council sets a standard list of fines for traffic violations, except parking issues. Judges can change these fines in specific cases. The fines can't be higher than the maximum allowed by certain other laws, and they're the same no matter where you live. If a fine isn't paid within 20 days of notification, a late fee of 50% of the original fine is added.

When setting fines, violations are grouped into up to four categories based on how serious they are, to make it easy to understand and pay the fines.

The Judicial Council shall annually adopt a uniform traffic penalty schedule which shall be applicable to all nonparking infractions specified in this code, unless in a particular case before the court the judge or authorized hearing officer specifies a different penalty. No penalty shall be established for any infraction in an amount, exclusive of any additional penalty levied pursuant to Section 1464 of the Penal Code, in excess of the amount of the maximum fine pursuant to Section 42001 or 42001.5, and penalties shall be set without regard to residence. In case a traffic penalty is not paid within 20 days following mailing of a notice that the penalty has been assessed, a late charge shall be due in the amount of 50 percent of total initial penalty.
In establishing a uniform traffic penalty schedule, the Judicial Council shall classify the offenses into four or fewer penalty categories, according to the severity of offenses, so as to permit convenient notice and payment of the scheduled penalty.

Section § 40311

Explanation

If someone is arrested with a warrant and taken to court, the court can, with their consent, handle their arraignment right away for any other traffic-related charges. This applies even if the scheduled court date for those charges hasn't arrived yet.

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 at that time for any other alleged violation of this code or an ordinance relating to traffic offenses for which he has been issued a written notice to appear in court, notwithstanding the fact that the time for appearance specified in such notice has not yet arrived.

Section § 40312

Explanation

If someone has a warrant for a violation of vehicle laws but shows proof to a police officer that they've paid the fine, the officer can't arrest them based on that warrant. The receipt they show must clearly include details like the court's name and number, the date they paid or the case was decided, the case number, and the specific violations.

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 receipt, from a proper official of the court, indicating that the person has paid the fine for the violation that caused the warrant to be issued. The receipt shall contain sufficient information to identify the name and number of the court issuing the receipt, the date the case was adjudicated or the fine was paid, the case number or docket number, and the violations disposed of.

Section § 40313

Explanation

If someone gets a notice for a driving reexamination due to a traffic violation, this will be noted on their arrest record or any issued notice to appear. This information will also be added to their driver's license record. The details of this reexamination notice are kept confidential by the department.

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, or both, shall include a notation indicating that the notice of reexamination was issued to the arrested person and the driver’s license record maintained by the department shall contain a record of the notice of reexamination. The record of the notice of reexamination shall be considered confidential by the department pursuant to Section 1808.5.