2005 California Vehicle Code Sections 40900-40903 CHAPTER 3.5. EVIDENCE

VEHICLE CODE
SECTION 40900-40903

40900.  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.
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) 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) 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) 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) 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.
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) 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) 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) 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) 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.
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) 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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