Procedure on ArrestsArrests
Section § 40300
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.
Section § 40300.2
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.
Section § 40300.5
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.
Section § 40300.6
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 § 40301
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.
Section § 40302
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.
Section § 40302.5
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.
Section § 40303
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.
Section § 40303.5
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.
Section § 40304
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.
Section § 40304.5
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.
Section § 40305
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.
Section § 40305.5
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.
Section § 40306
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.
Section § 40307
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.
Section § 40309
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.
Section § 40310
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.
Section § 40311
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.
Section § 40312
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.
Section § 40313
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.