2007 California Vehicle Code Article 3. Notice Of Violation

CA Codes (veh:40600-40604)

VEHICLE CODE
SECTION 40600-40604



40600.  (a) Notwithstanding any other provision of law, a peace
officer who has successfully completed a course or courses of
instruction, approved by the Commission on Peace Officer Standards
and Training, in the investigation of traffic accidents may prepare,
in triplicate, on a form approved by the Judicial Council, a written
notice to appear when the peace officer has reasonable cause to
believe that any person involved in a traffic accident has violated a
provision of this code not declared to be a felony or a local
ordinance and the violation was a factor in the occurrence of the
traffic accident.
   (b) A notice to appear shall contain the name and address of the
person, the license number of the person's vehicle, if any, the name
and address, when available, of the registered owner or lessee of the
vehicle, the offense charged, and the time and place when and where
the person may appear in court or before a person authorized to
receive a deposit of bail.  The time specified shall be at least 10
days after the notice to appear is delivered.
   (c) The preparation and delivery of a notice to appear pursuant to
this section is not an arrest.
   (d) For purposes of this article, a peace officer has reasonable
cause to issue a written notice to appear if, as a result of the
officer's investigation, the officer has evidence, either testimonial
or real, or a combination of testimonial and real, that would be
sufficient to issue a written notice to appear if the officer had
personally witnessed the events investigated.
   (e) As used in this section, "peace officer" means any person
specified under Section 830.1 or 830.2 of the Penal Code, or any
reserve police officer or reserve deputy sheriff listed in Section
830.6 of the Penal Code, with the exception of members of the
California National Guard.
   (f) A written notice to appear prepared on a form approved by the
Judicial Council and issued pursuant to this section shall be
accepted by any court.


40604.  (a) If the person charged with the offense has not signed a
promise to appear, no warrant for arrest may be issued following the
filing of the written notice to appear issued pursuant to Section
40600, until 15 days after a notice of the filing has been served
upon the person by personal delivery or by mail, addressed to the
person at the address shown in the accident report.
   (b) The notice shall contain the name and address of the person,
the license number of the vehicle involved, the name and address,
when available, of the registered owner or lessee of the vehicle, the
offense shown on the written notice to appear, and the approximate
time of the commission of the offense.  The notice shall inform the
person that, unless he or she appears in the court designated in the
notice within 10 days after the service of the notice and answers the
charges, a warrant will be issued for his or her arrest.
   (c) Proof of service shall be made by the affidavit of any person
over 18 years of age making the service showing the time, place, and
manner of service and facts showing that the service was made in
accordance with this section.  If service is made by mail, no warrant
for arrest may be issued until 14 days after the deposit of the
notice of filing in the mail.

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