2007 California Vehicle Code Chapter 6. Nonprosecution Of Violations

CA Codes (veh:41500-41501)

VEHICLE CODE
SECTION 41500-41501



41500.  (a) No person shall be subject to prosecution for any
nonfelony offense arising out of the operation of a motor vehicle or
violation of this code as a pedestrian which is pending against him
at the time of his commitment to the custody of the Director of
Corrections or the Department of the Youth Authority.
   (b) Notwithstanding any other provisions of law to the contrary,
no driver's license shall be suspended or revoked, nor shall the
issuance or renewal of a license be refused as a result of a pending
nonfelony offense occurring prior to the time a person was committed
to the custody of the Director of Corrections or the Department of
the Youth Authority or as a result of a notice received by the
department pursuant to subdivision (a) of Section 40509 when the
offense which gave rise to the notice occurred prior to the time a
person was committed to the custody of the Director of Corrections or
the Department of the Youth Authority.
   (c) The department shall remove from its records any notice
received by it pursuant to subdivision (a) of Section 40509 upon
receipt of satisfactory evidence that a person was committed to the
custody of the Director of Corrections or the Department of the Youth
Authority after the offense which gave rise to the notice occurred.

   (d) The provisions of this section shall not apply to any
nonfelony offense wherein the department is required by this code to
immediately revoke or suspend the privilege of any person to drive a
motor vehicle upon receipt of a duly certified abstract of the record
of any court showing that the person has been convicted of that
nonfelony offense.
   (e) The provisions of subdivisions (a), (b), and (c) do not apply
to any offense committed by a person while he is temporarily released
from custody pursuant to law or while he is on parole.
   (f) The provisions of subdivisions (a), (b), and (c) do not apply
if the pending offense is a violation of Section 23103, 23152, or
23153.


41501.  (a) The court may order a continuance of a proceeding
against a person, who receives a notice to appear in court for a
violation of a statute relating to the safe operation of a vehicle,
in consideration for attendance at a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, and, after that attendance and
pursuant to Section 1803.5 or 42005, the court may dismiss the
complaint under the following conditions:
   (1) If the offense is alleged to have been committed within 12
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint. The court may order attendance at a licensed school
for traffic violators that offers a program of at least 12 hours of
instruction.
   (2) If the offense is not alleged to have occurred within 18
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint if the attendance is at any of the types of schools or
programs that the court directed pursuant to Section 42005 at the
time of ordering the continuance.
   (b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.

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