2007 California Vehicle Code Article 4. Notice To Correct Violation

CA Codes (veh:40610-40618)

VEHICLE CODE

SECTION 40610-40618




40610.  (a) (1) Except as provided in paragraph (2), if, after an
arrest, accident investigation, or other law enforcement action, it
appears that a violation has occurred involving a registration,
license, all-terrain vehicle safety certificate, or mechanical
requirement of this code, and none of the disqualifying conditions
set forth in subdivision (b) exist and the investigating officer
decides to take enforcement action, the officer shall prepare, in
triplicate, and the violator shall sign, a written notice containing
the violator's promise to correct the alleged violation and to
deliver proof of correction of the violation to the issuing agency.
   (2) If any person is arrested for a violation of Section 4454, and
none of the disqualifying conditions set forth in subdivision (b)
exist, the arresting officer shall prepare, in triplicate, and the
violator shall sign, a written notice containing the violator's
promise to correct the alleged violation and to deliver proof of
correction of the violation to the issuing agency.  In lieu of
issuing a notice to correct violation pursuant to this section, the
officer may issue a notice to appear, as specified in Section 40522.

   (b) Pursuant to subdivision (a), a notice to correct violation
shall be issued as provided in this section or a notice to appear
shall be issued as provided in Section 40522, unless the officer
finds any of the following:
   (1) Evidence of fraud or persistent neglect.
   (2) The violation presents an immediate safety hazard.
   (3) The violator does not agree to, or cannot, promptly correct
the violation.
   (c) If any of the conditions set forth in subdivision (b) exist,
the procedures specified in this section or Section 40522 are
inapplicable, and the officer may take other appropriate enforcement
action.
   (d) Except as otherwise provided in subdivision (a), the notice to
correct violation shall be on a form approved by the Judicial
Council and, in addition to the owner's or operator's address and
identifying information, shall contain an estimate of the reasonable
time required for correction and proof of correction of the
particular defect, not to exceed 30 days, or 90 days for the
all-terrain vehicle safety certificate.



40611.  (a) Upon proof of correction of an alleged violation of
Section 12500 or 12951, or any violation cited pursuant to Section
40610, or upon submission of evidence of financial responsibility
pursuant to subdivision (e) of Section 16028, the clerk shall collect
a ten dollar () transaction fee for each case.  The fee shall be
deposited by the clerk in accordance with Section 68084 of the
Government Code, and allocated monthly as follows:
   (1) Thirty-three percent shall be transferred to the local
governmental entity in whose jurisdiction the citation was issued for
deposit in the general fund of the entity.
   (2) Thirty-four percent shall be transferred to the State Treasury
for deposit in the State Penalty Fund established by Section 1464 of
the Penal Code.
   (3) Thirty-three percent shall be deposited in the county general
fund.
   (b) No fee shall be imposed pursuant to this section if the
violation notice is processed only by the issuing agency and no
record of the action is transmitted to the court.



40612.  An exact, legible copy of the notice to correct shall be
delivered to the alleged violator at the time he or she signs such
notice.


40614.  Any person who signs a notice to correct or a certificate of
correction with a false or fictitious name is guilty of a
misdemeanor.


40616.  Any person willfully violating a written promise to correct
or willfully failing to deliver proof of correction of violation is
guilty of a misdemeanor.  Proof of correction may consist of a
certification by an authorized representative of one of the following
agencies that the alleged violation has been corrected:
   (a) Brake, lamp, smog device, or muffler violations may be
certified as corrected by any station licensed to inspect and certify
for the violation pursuant to Article 8 (commencing with Section
9889.15) of Chapter 20.3 of Division 3 of the Business and
Professions Code and Section 27150.2.
   (b) Driver license and registration violations may be certified as
corrected by the Department of Motor Vehicles or by any clerk or
deputy clerk of a court.
   (c) Any violation may be certified as corrected by a police
department, the California Highway Patrol, sheriff, marshal, or other
law enforcement agency regularly engaged in enforcement of the
Vehicle Code.



40618.  Whenever proof of correction of violation is not received by
the issuing agency in accordance with Section 40610, the issuing
agency may deliver the signed promise to the court having
jurisdiction of the violation with a certification that no proof of
correction has been received.  If prepared on a form approved by the
Judicial Council, the promise under Section 40610, together with the
certification under this section, shall constitute a complaint to
which the defendant may enter a plea, and upon which a warrant may be
issued if the complaint is verified.

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