California Vehicle Code
40303.5. Whenever any person is arrested for any of the following
offenses, the arresting officer shall
permit the arrested person to
execute a notice containing a promise to correct the violation in
accordance with the provisions of Section 40610 unless the arresting
officer finds that any of the disqualifying conditions specified in
subdivision (b) of Section 40610 exist:
(a) Any registration infraction set forth in Division 3
(commencing with Section 4000).
(b) Any driver's license infraction set forth in Division 6
(commencing with Section 12500), and subdivision (a) of Section
12951, relating to possession of driver's license.
(c) Section 21201, relating to bicycle equipment.
(d) Any infraction involving equipment set forth in Division 12
(commencing with Section 24000)
, Division 13 (commencing with Section
29000), Division 14.8 (commencing with Section 34500), Division 16
(commencing with Section 36000), Division 16.5 (commencing with
Section 38000), and Division 16.7 (commencing with Section 39000).
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
(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
(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.